What's New and Updates

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March 29, 2023 - Availability of Draft Amended Rules for Comment -  Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards Rules

The Division of Air Pollution Control (DAPC) is making available draft amended rules and a draft business impact analysis (BIA) for Ohio Administrative Code (OAC) rules 3745-21-09 and 3745-21-26. The rules in OAC chapter 3745-21 establish requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources. VOCs are a precursor compound from which ozone is formed. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. CO is also one of the six criteria pollutants for which a NAAQS has been established. The intent of these rules is to limit emissions of VOCs and CO to allow the state of Ohio to attain and maintain the NAAQS for ozone and CO.

DAPC is requesting comments on the amended rules and draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, May 2, 2023. Please see the public notice, synopsis of changes, draft amended rules, and draft BIA for information on the rule review and how to submit comments.

March 16, 2023 Availability of Draft for Comment – Draft Letter Request for Lead Collocated Monitor Relocation in Northeastern, Ohio

Ohio EPA is requesting U.S. EPA approve changes to Ohio’s air monitoring program in the Northeast Primary Quality Assurance Organization (NEPQAO). Specifically, Ohio EPA will be relocating the lead collocated monitor from Ferro (39-035-0049) to Republic Steel (39-151-0024). The relocation is being requested in accordance with the requirements of 40 CFR Part 58, Appendix A, Section 3.4.4.2 (a). Additional details can be found in the draft request below.

• Draft request letter

Ohio EPA will accept comments on this draft request through Monday, April 17, 2023. Please submit your comments via email to dapc-comments@epa.ohio.gov or by mail to:

Mailing address:
  Erica Fetty Davis
  Ohio Environmental Protection Agency, DAPC
  Lazarus Government Center
  P.O. Box 1049
  Columbus, Ohio 43216-1049
Phone: 614-644-2310

March 9, 2023 - Availability of Draft Business Impact Analysis Document for Comment - Ohio's Greenhouse Gas Tailoring Rules

The Division of Air Pollution Control (DAPC) is making available a draft business impact analysis (BIA) regarding Ohio's Greenhouse Gas Tailoring rules in Ohio Administrative Code (OAC) rules 3745-31-34 and 3745-77-11. These rules contain the requirements for the permitting of major sources of greenhouse gas emissions. "Greenhouse gases" subject to regulation as defined in 40 CFR Part 51.166 consist of the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride." A “major source” of greenhouse gases are those sources emitting any of the six gases individually or in combination exceeding a CO2 equivalent quantity established in these rules. DAPC has performed a review of these rules to fulfill the requirements of Ohio Revised Code (ORC) 106.031 (5-year review). DAPC has determined the rules remain necessary but are without need of change.

DAPC is requesting comments on the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, April 11, 2023. Please see the public notice and draft BIA for information on the rule review and how to submit comments.

March 1, 2023 - Adoption of Amended Rule Language - OAC Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program."

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program." The rules in this chapter contain provides requirements for permits for installation and modification of all new and existing air contaminant sources, as well as operation of those sources, where their operation is not subject to Title V requirements in OAC Chapter 3745-77.

The amended rules will be effective as of Saturday, March 11, 2023 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending August 31, 2021, a proposal comment period ending January 5, 2023, and a public hearing held January 5, 2023 both virtually and in Columbus, Ohio.

February 13, 2023 - Availability of Draft Amended Rules for Comment - OAC Chapter 3745-77 Title V Permitting Program Rules

The Division of Air Pollution Control (DAPC) is making available a draft of amended rules in Ohio Administrative Code (OAC) Chapter 3745-77, "Title V Permitting Program Rules". The rules in this chapter contain the requirements for Ohio’s Title V Permitting Program. Under Title V of the Clean Air Act, Ohio is required to develop an operating permit program for major sources of air pollution. These sources include those that have the potential to emit:  
•    100 tons per year or more of any one regulated pollutant (PM 10, PM2.5, nitrogen oxides, sulfur dioxide, carbon monoxide, volatile organic compounds and lead);
•    10 tons per year or more of any one hazardous air pollutant; or
•    25 tons per year or more of any two or more hazardous air pollutants (U.S. EPA currently lists 188 hazardous air pollutants in Section 112 of the 1990 Clean Air Act).
The operating permit program streamlines the way federal, state, tribal and local authorities regulate air pollution by consolidating all air pollution control requirements into a single, comprehensive "operating permit" that covers all aspects of a source's year-to-year air pollution activities.

DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, March 17, 2023. Please see the public notice, draft business impact analysis, and synopsis of changes for information on the rule review and how to submit comments. 

February 9, 2023 - Adoption of Amended Rule Language - OAC Chapter 3745-15, "General Provisions on Air Pollution Control."

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-15, "General Provisions on Air Pollution Control.". The rules in this chapter contain the general provisions on air pollution control for the Ohio EPA. The general provisions include such things as: the authority of the director of Ohio EPA to request the collection and submission of emissions information, the measurement of emissions of air contaminants, the requirements for the determination of a “De Minimis” source of air pollution, the requirements in the event of equipment shut down caused by malfunction or maintenance, and other administrative rules. Ohio EPA also adopted amendments to two associated rules: OAC Rule 3745-14-11, Portland cement kilns, and Rule 3745-17-07, Requirements for control of visible particulate emissions from stationary sources.

The amended rules will be effective as of Sunday, February 19, 2023 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending July 8, 2022, a proposal comment period ending January 18, 2023, and a public hearing held January 6, 2023 both virtually and in Columbus, Ohio.

February 9, 2023 - Submittal of OAC Rules Into Ohio's State Implementation Plan (SIP) to Address Startup, Shutdown and Malfunction (SSM) Provisions

February 9, 2023 - Ohio EPA submitted to U.S. EPA a request for approval of revisions to Ohio Administrative Code (OAC) Chapter 3745-15 and OAC Rules 3745-14-11 and 3745-17-07 into Ohio’s State Implementation Plan (SIP). These rules are being submitted to correct deficiencies identified by U.S. EPA related to Clean Air Act (CAA) requirements for excess emissions during periods of Startup, Shutdown, and Malfunction (SSM).

On June 12, 2015, U.S. EPA issued a finding that Ohio’s SIP did not meet CAA requirements for excess emissions during periods of SSM and thus issued a ‘‘SIP call’’ requiring Ohio as well as other states to adopt and submit a SIP revision to correct the identified SSM-related deficiencies (80 FR 33840). On January 12, 2022, U.S. EPA issued a finding that Ohio failed to submit a SIP revision in response to the 2015 SSM SIP Call (87 FR 1680). On February 9, 2023, Ohio EPA submitted revisions to Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-03, 3745-15-05, 3745-15-06, and 3745-17-07 to address these issues. Specifically, Ohio EPA requested U.S. EPA approval of these rules into the SIP, as follows:

  • OAC rules 3745-14-11, 3745-15-01, 3745-15-03 and 3745-15-05 in their entirety;
  • OAC rule 3745-15-06, except paragraphs (A)(3) and (C) were requested to be excluded from the SIP; and
  • OAC rule 3745-17-07, except paragraphs (A)(3)(c) and (B)(11)(f) were requested to be excluded from the SIP.

The revised rules are available on the Ohio EPA, Division of Air Pollution Control Effective Rules webpage.

February 2, 2023 - Early Stakeholder Input Requested - OAC Chapter 3745-21 – Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards Rules

Ohio EPA is requesting stakeholder input on potential rule amendments in Ohio Administrative Code (OAC) Chapter 3745-21. The rules in OAC chapter 3745-21 establish requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources. VOCs are a precursor compound from which ozone is formed. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. CO is also one of the six criteria pollutants for which a NAAQS has been established. The intent of these rules is to limit emissions of VOCs and CO to allow the state of Ohio to attain and maintain the NAAQS for ozone and CO.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakholder Input Request . Ohio EPA will be accepting comments on potential changes to these rules through Tuesday, March 7, 2023. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

January 19, 2023 - Availability of Draft Amended Rules for Comment - OAC Chapter 3745-17, Particulate Matter Standard Rules

The Division of Air Pollution Control (DAPC) is making available a draft of amended rules in Ohio Administrative Code (OAC) Chapter 3745-17, "Particulate Matter Standard Rules". The rules in this chapter establish 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 U.S. EPA as an amendment to Ohio’s SIP.

DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, February 21, 2023. Please see the public notice, draft business impact analysis, and synopsis of changes for information on the rule review and how to submit comments. 

December 21, 2022 - Ohio’s Attainment Demonstration for the Cleveland, OH Moderate 2015 Ozone Nonattainment Area Submitted to U.S. EPA

Ohio EPA has submitted to U.S. EPA a final attainment demonstration state implementation plan (SIP) for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) for the Cleveland, OH nonattainment area. The Cleveland nonattainment area, originally designated as marginal nonattainment for the 2015 ozone standard, did not attain the ozone standard by the end of the 2020 ozone season (October 31). Therefore, U.S. EPA reclassified the area to moderate nonattainment, effective November 7, 2022, which triggers additional requirements under Clean Air Act (CAA), including an attainment demonstration due by January 1, 2023 detailing how the ozone NAAQS will be attained.

December 14, 2022 - Availability of Draft Amended Rules for Comment - OAC Chapter 3745-103, Acid Rain Permits and Compliance Rules

The Division of Air Pollution Control (DAPC) is making available a draft of amended rules in Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and Compliance". The rules in this chapter contain the requirements pertaining to the Acid Rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. The rules also contain the requirements for applications for and issuance of acid rain permits in accordance with 40 CFR Part 76 and Title IV of the Clean Air Act.  

DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, January 17, 2023. Please see the public notice, draft business impact analysis, and synopsis of changes for information on the rule review and how to submit comments.

December 6, 2022 - Adoption of Amended Rule Language - OAC Chapter 3745-113 "Architectural and Industrial Maintenance Coatings Rules"

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-113, "Architectural and Industrial Maintenance Coatings Rules". The rules in this chapter establish requirements on the quantity of volatile organic compounds (VOCs) contained in architectural and industrial maintenance (AIM) coatings that are sold, supplied, offered for sale, or manufactured for sale in the state of Ohio. VOCs are a precursor compound which, along with oxides of nitrogen (NOx) can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) have been established under the Clean Air Act.

The amended rules will be effective as of Friday, December 16, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending April 20, 2022, a proposal comment period ending October 19, 2022, and a public hearing held October 19, 2022 both virtually and in Columbus, Ohio.

December 5, 2022 - Early Stakeholder Input Requested - Ohio's Greenhouse Gas Tailoring Rules

Ohio EPA is requesting stakeholder input on Ohio Administrative Code (OAC) rules 3745-31-34 and 3745-77-11. These rules contain the requirements for the permitting of major sources of greenhouse gas emissions. "Greenhouse gases" subject to regulation as defined in 40 CFR Part 51.166 consist of the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride." A “major source” of greenhouse gases are those sources emitting any of the six gases individually or in combination exceeding a CO2 equivalent quantity established in these rules.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakholder Input Request . Ohio EPA will be accepting comments on potential changes to these rules through Wednesday, January 4, 2023. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

December 1, 2022 - Availability of Ohio EPA’s 2021 Annual Air Monitoring Report

Ohio EPA’s 2021 Annual Air Monitoring Report has been published. Ohio EPA operates an extensive network of air monitoring stations through the state. Ohio EPA submits all ambient air quality data to the national Air Quality System (AQS) database that is administered by the U.S. Environmental Protection Agency (U.S. EPA). Real time data is sent to AIRNOW, which reports all U.S. sites.

Ohio’s AirOhio website provides air quality information and allows users to point and click on a map of the state to find current air quality data from Ohio’s continuous air monitoring network. The AirOhio website can be found at https://epa.ohio.gov/divisions-and-offices/air-pollution-control/reports-and-data/airohio-air-monitoring-data.

U.S. EPA also makes historical AQS data for all U.S. sites available at https://www.epa.gov/outdoor-air-quality-data.

Annually, Ohio EPA generates an air monitoring report. This report presents summaries from Ohio EPA’s extensive air monitoring network including measurements of the NAAQS and toxic air pollutants during the calendar year. Ohio’s report for 2021, and several previous year’s reports can be found on Ohio’s “Air Monitoring” webpage under the Air Monitoring Quality Assurance, Data and Reports tab.

November 30, 2022 - Proposal of Amended Rules and Public Hearing Notice - Ohio Administrative Code (OAC) Rule 3745-18-82, "Stark County Emission Limits" 

The Division of Air Pollution Control (DAPC) has proposed amended Ohio Administrative Code (OAC) rule 3745-18-82, "Stark County Emission Limits" to the Joint Comittee on Agency Rule Review (JCARR). The rule is a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act. Ohio EPA anticipates making changes to paragrapgh (F) of this rule to update facility specific information for the Greif Packaging, LLC facility (OEPA premise number: 1576000431). Ohio EPA plans to remove the emissions limits for Greif Packaging LLC. contained in paragraph (F) from OAC rule 3745-18-82 due to an absence of permitted sources and to prevent confusion over the regulation of non-fuel burning process equipment at the facility.

Ohio EPA will also be making a submittal for this rulemaking to U.S. EPA under Section 110(l) of the Clean Air Act as a part of Ohio’s State Implementation plan (SIP) for attainment and maintenance of the National Ambient Air Quality Standards. The draft submittal is also included for review and will be a part of the public hearing.

Ohio EPA will be holding both a virtual and in-person public hearing on the amended rules on Wednesday, January 4, 2023 at 10:30 a.m. Please see the public notice, synopsis of changes, draft SIP Submittal, and proposed rule language for information on the rule amendments, the in-person hearing, how to register for the virtual hearing, and how to submit comments.

October 7, 2022 - Availability of Draft for Comment – Ohio’s Attainment Demonstration for the Cleveland, OH Moderate 2015 Ozone Nonattainment Area

Ohio EPA is providing for public comment a draft attainment demonstration state implementation plan (SIP) for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) for the Cleveland, OH nonattainment area. The Cleveland nonattainment area, currently designated as marginal nonattainment for the 2015 ozone standard, did not attain the ozone standard by the end of the 2020 ozone season (October 31). Therefore, U.S. EPA reclassified the area to moderate nonattainment, which triggers additional requirements under Clean Air Act (CAA), including an attainment demonstration due by January 1, 2023 detailing how the ozone NAAQS will be attained.

Ohio EPA will be providing a public comment period on the draft plan through November 7, 2022. Ohio EPA will be holding both a virtual and in-person public hearing on the draft plan on Monday, November 7, 2022 at 3:30 p.m. Please see the public notice for information on the draft attainment demonstration, the hearing and how to submit comments.

September 23, 2022 – Availability of Draft for Comment – General Permit 10.1 – Aggregate Processing Plant Employing Dust Control Measures, in Both Appendix A and Non-Appendix A, and Without Baghouse or Wet Scrubber Control

The Division of Air Pollution Control (DAPC) is making available for public comment draft permit language for potential amendment of General Permit 10.1 – Aggregate Processing Plant Employing Dust Control Measures, in Both Appendix A and Non-Appendix A, and Without Baghouse or Wet Scrubber Control. Changes to the permit include updated BAT requirements in accordance with SB 165, typographical and grammatical corrections, updated reporting language to reflect current Terms & Conditions Library terms and NSPS requirements, updated emission factors, corrections to applicable opacity limitations, and removed reporting requirements for equipment replacement allowed under “like-kind replacement policy.”

A copy of the draft permit may be viewed on Ohio EPA's website at: https://epa.ohio.gov/divisions-and-offices/air-pollution-control/permitting/draft-permits-available-for-comment

Ohio EPA will be accepting comments on this draft permit language through Monday, November 7, 2022. Please submit your comments via email to leah.kessler@epa.ohio.gov or by mail to:

Mailing address: 
  Leah Kessler
  Ohio Environmental Protection Agency, DAPC
  Lazarus Government Center
  P.O. Box 1049
  Columbus, Ohio 43216-1049
Phone:    614-644-3684

September 23, 2022 – Availability of Draft for Comment – General Permit 10.2 – Portable Aggregate Processing Plant Employing Dust Control Measures Without a Baghouse or Wet Scrubber

The Division of Air Pollution Control (DAPC) is making available for public comment draft permit language for potential amendment of General Permit 10.2 – Portable Aggregate Processing Plant Employing Dust Control Measures Without Baghouse or Wet Scrubber Control. Changes to the permit include updated BAT requirements in accordance with SB 165, typographical and grammatical corrections, updated reporting language to reflect current Terms & Conditions Library terms and NSPS requirements, updated emission factors, corrections to applicable opacity limitations, and removed reporting requirements for equipment replacement allowed under “like-kind replacement policy.”

A copy of the draft permit may be viewed on Ohio EPA's website at: https://epa.ohio.gov/divisions-and-offices/air-pollution-control/permitting/draft-permits-available-for-comment

Ohio EPA will be accepting comments on this draft permit language through Monday, November 7, 2022. Please submit your comments via email to leah.kessler@epa.ohio.gov or by mail to:

Mailing address: 
  Leah Kessler
  Ohio Environmental Protection Agency, DAPC
  Lazarus Government Center
  P.O. Box 1049
  Columbus, Ohio 43216-1049
Phone:    614-644-3684

September 23, 2022 – Availability of Draft for Comment – General Permit 8.1 – Mineral Extraction

The Division of Air Pollution Control (DAPC) is making available for public comment draft permit language for potential amendment of General Permit 8.1 – Mineral Extraction. Changes to the permit include updated BAT requirements in accordance with SB 165, corrections to typographical and grammatical errors, updated emission factors, and updated reporting language to reflect current Terms & Conditions Library terms.

A copy of the draft permit may be viewed on Ohio EPA's website at: https://epa.ohio.gov/divisions-and-offices/air-pollution-control/permitting/draft-permits-available-for-comment

Ohio EPA will be accepting comments on this draft permit language through Monday, November 7, 2022. Please submit your comments via email to leah.kessler@epa.ohio.gov or by mail to:

Mailing address: 
  Leah Kessler
  Ohio Environmental Protection Agency, DAPC
  Lazarus Government Center
  P.O. Box 1049
  Columbus, Ohio 43216-1049
Phone:    614-644-3684

September 13, 2022 - Adoption of Amended Rule Language - OAC Chapters 3745-24, "NOx and VOC Emission Statements Rules" and 3745-78, "Air Pollution Control Fees Rules"

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapters 3745-24 and 3745-78. The rules in these chapters are closely related. OAC Chapter 3745-24 contains the requirements for annual emission reporting of total nitrogen oxides and volatile organic compounds emissions if they are greater than 25 tons per year by all facilities. OAC Chapter 3745-78 contains the requirements for annual fee emission reports that quantify the actual emission data for particulate matter, sulfur dioxide, organic compounds, nitrogen oxides, and lead for facilities. The fee charged and the level of detail required in the fee emissions report is determined by the permitting requirements the facility is subject to pursuant to OAC Chapters 3745-77 and 3745-31. The draft amendments are being made after a review to satisfy ORC 106.03 (5-year review) and include changes to remove and/or update outmoded forms of communication.

The amended rules will be effective as of Friday, September 23, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending January 14, 2022, a proposal comment period ending July 29, 2022, and a public hearing held July 29, 2022 both virtually and in Columbus, Ohio.

September 8, 2022 - Availability of Draft for Comment - Ohio Administrative Code (OAC) Rule 3745-18-82, "Stark County Emission Limits"  

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft business impact analysis (BIA) document for potential amendment of Ohio Administrative Code (OAC) rule 3745-18-82, "Stark County Emission Limits." The rule is a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act. Ohio EPA anticipates making changes to paragrapgh (F) of this rule to update facility specific information for the Greif Packaging, LLC facility (OEPA premise number: 1576000431). Ohio EPA plans to remove the emissions limits for Greif Packaging LLC. contained in paragraph (F) from OAC rule 3745-18-82 due to an absence of permitted sources and to prevent confusion over the regulation of non-fuel burning process equipment at the facility.

DAPC is requesting comments on the draft amended rule and the draft BIA document before DAPC proposes the rule to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, October 11, 2022. Please see the rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments.

August 15, 2022 - Availability of Draft for Comment – Draft Letter Request for Monitor Discontinuations in Fairfield, Cincinnati, Brook Park, and Ravenna, Ohio

Ohio EPA is requesting U.S. EPA approve changes to Ohio’s air monitoring program in Fairfield, Cincinnati, Brook Park, and Ravenna. Specifically, Ohio EPA will be discontinuing particulate matter monitors at the following locations: Sacred Heart Elem (39-017-0016), Carthage (39-061-0014), Brookpark (39-035-1002), and Ravenna (39-133-0002). These monitors are not located in nonattainment areas for particulate matter. The discontinuations are being requested to allow for monitoring resources to be allocated more efficiently. Additional details can be found in the draft request below.

•     Draft request letter
•     Sacred Heart Elem statistical analysis 
•     Carthage statistical analysis  
•     Brookpark statistical analysis 
•     Ravenna statistical analysis 

Ohio EPA will accept comments on this draft request through Thursday, September 15, 2022. Please submit your comments via email to erica.fettydavis@epa.ohio.gov or by mail to:

Mailing address: Erica Fetty Davis
                            Ohio Environmental Protection Agency, DAPC
                            Lazarus Government Center
                            P.O. Box 1049
                            Columbus, Ohio 43216-1049
Phone:      (614) 644-2310

July 12, 2022 - Availability of Draft for Comment - Extension of Comment Period - Ohio Administrative Code (OAC) Rule 3745-17-07, "Control of Visible Particulate Emissions from Stationary Sources"  

July 12, 2022, Extension of Comment Period - Please note that Ohio EPA is extending the opportunity to comment on draft changes to Ohio Administrative Code (OAC) rule 3745-17-07, “Control of Visible Particulate Emissions from Stationary Sources.” On June 8, 2002, Ohio EPA released draft changes for OAC Chapter 3745-15, "General Provisions on Air Pollution Control", rule 3745-14-11, "Portland Cement Kilns", and rule 3745-17-07, "Control of Visible Particulate Emissions from Stationary Sources". It has come to the attention of Ohio EPA that an incorrect version of the draft language was posted only for OAC rule 3745-17-07 and we are now making the correct version of the rule language available for review.  The main change in the draft currently available for review is that it removes OAC 3745-17-07(A)(3)(c) and 3745-17-07(B)(11)(f), which were specifically addressed by US EPA in the SIP call and must be removed in order for Ohio’s SIP to be approved. Therefore, Ohio EPA is extending the comment period for OAC rule 3745-17-07 with the paragraphs removed and other minor changes.

The correct version of OAC rule 3745-17-07 is available electronically, linked below. For information on how to submit comments, please see the public notice on Ohio EPA's Interested Parties rulemaking webpage. Please see the original public notice for information on how to submit comments. We request that you provide us with any comments you may have to the rule by Tuesday, July 19, 2022. If you have concerns or need additional time, please contact Paul Braun at Paul.Braun@epa.ohio.gov. 

• 3745-17-07 Control of Visible Particulate Emissions from Stationary Sources

June 29, 2022 - 2022 Annual SO2 Emissions Review Submitted to U.S. EPA

Ohio EPA has submitted the final 2022 Annual SO2 Emissions Review to U.S. EPA. The annual review identifies any changes in SO2 emissions at certain designated facilities as part of SO2 monitoring/modeling requirements listed in U.S. EPA’s 2015 SO2 Data Requirements Rule [80 FR 51052]. The annual review demonstrates for each facility that either no significant changes in SO2 emissions occurred or that updated modeling is required to ensure compliance with SO2 design values for the areas surrounding these facilities. The draft review was made available for public comment on May 10, 2022. Ohio EPA did not receive any comments. 

June 29, 2022 - Availability of Ohio's 2022-2023 Annual Monitoring Network Plan (AMNP) 

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has submitted the final 2022-2023 Annual Monitoring Network Plan (AMNP) to U.S. EPA. The draft plan was made available for comment on May 2, 2022. The AMNP identifies any completed or planned changes to the monitoring network and demonstrates that U.S. EPA monitoring requirements continue to be met.

June 24, 2022 - Revised Supplement Submitted to U.S. EPA - Ohio’s Attainment Demonstration for the Sulfur Dioxide National Ambient Air Quality Standard for the Muskingum River, OH Nonattainment Area

Ohio EPA submitted to U.S. EPA a Revised Supplement to Ohio’s Attainment Demonstration for the Sulfur Dioxide National Ambient Air Quality Standard for the Muskingum River, OH Nonattainment Area. This supplement contains an updated Attainment Demonstration/Control Strategy, which demonstrates that the SO2 emission limits for Globe Metallurgical, which became effective September 15, 2020, provide for attainment of the SO2 standard. A copy of this submittal can be found on Ohio EPA's State Implementation Plan (SIP) webpage for the 2010 One-hour Sulfur Dioxide Standard.

June 10, 2022 - Adoption of Amended Rule Language - OAC Ch. 3745-112, "Consumer Products Rules"

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-112. The rules in this chapter establish limits on the quantity of volatile organic compounds (VOCs) that may be contained in consumer products, such as cleaning products, personal care products, and home, lawn, and garden products, that are sold, supplied, offered for sale or manufactured for sale in the state of Ohio.

The amended rules will be effective as of Monday, June 20, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending January 25, 2022, a proposal comment period ending May 6, 2022, and a public hearing held May 6, 2022 both virtually and in Columbus, Ohio.

June 3, 2022 - Early Stakeholder Input Requested - Ohio's Asbestos Emissions and Asbestos Licensing Rules

Ohio EPA is requesting stakeholder input on potenmtial changes to Ohio Administrative Code (OAC) Chapters 3745-20 "Asbestos Emission Control"  and 3745-22, "Asbestos Hazard Abatement Contractors, Specialists & Other Professionals." The ruiles in these two chapters contain requirements for control of emissions of asbestos fibers, requirementsa for notification of demolition and renovation activities, and establish Ohio’s licensing, certification and approval requirements for business entities and individuals that are performing activities related to asbestos.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakholder Input Reqauests for OAC Chapter 3745-20 and 3745-22  Ohio EPA will be accepting comments on these potential changes through Wednesday, July 6, 2022. Please see the stakeholder input requests for information on the potential rulemaking and instructions on how to submit comments.

May 19, 2022 - Availability of Draft for Comment – Revised Supplement to Ohio’s Attainment Demonstration for the Sulfur Dioxide National Ambient Air Quality Standard for the Muskingum River, OH Nonattainment Area

Ohio EPA is providing for public comment a draft revised supplement to Ohio’s attainment demonstration state implementation plan (SIP) for the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS) for the Muskingum River, OH nonattainment area. This supplement demonstrates the SO2 emissions limits for Globe Metallurgical which became effective September 15, 2020 provide for attainment of the SO2 standard.

Ohio EPA will be providing a public comment period on the draft plan through Tuesday, June 21, 2022. A public hearing on this action may be requested by contacting Holly Kaloz at (614) 644-3632 or DAPC-Comments@epa.ohio.gov no later than June 21, 2022. If a public hearing is requested, a new notification will be published to identify the time and location of the public hearing. The public hearing will be held at least 30 days after the date of the new notification. For information on how to submit comments or request a hearing please refer to the public notice.

April 29, 2022 - Early Stakeholder Input Requested - OAC Rule 3745-18-82, Stark County Sulfur Dioxide Emission Limits

Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rule 3745-18-82. This rule contains the requirements for the prevention of emissions of sulfur dioxide into the atmosphere from fuel burning and process equipment in Stark County, Ohio. The rules are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act. Ohio EPA anticipates making changes to paragrapgh (F) of this rule to update facility specific information for the Greif Packaging, LLC facility (OEPA premise number: 1576000431). Ohio EPA plans to remove the emissions limits for Greif Packaging LLC. contained in paragraph (F) from OAC rule 3745-18-82 due to an absence of permitted sources and to prevent confusion over the regulation of non-fuel burning process equipment at the facility.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Wednesday, June 1, 2022. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

March 30, 2022 - Final Submitted to U.S. EPA - Reasonably Available Control Technology (RACT) State Implementation Plan for the 2015 Ozone National Ambient Air Quality Standards

Ohio EPA submitted to U.S. EPA a revision to Ohio’s State Implementation Plan (SIP) to address Reasonably Available Control Technology (RACT) requirements for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS), including revisions to rules contained in Ohio Administrative Code (OAC) Chapters 3745-21 (VOC RACT) and 3745-110 (NOx RACT).

This SIP revision was prepared to address RACT requirements for the 2015 8-hour ozone NAAQS with respect to two nonattainment areas that are anticipated to be bumped-up to moderate nonattainment: the Cleveland OH 2015 ozone nonattainment area (Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit counties) and the Ohio portion of the Cincinnati OH-KY 2015 ozone nonattainment area (Butler, Clermont, Hamilton and Warren counties).

For certain source categories, Ohio EPA is submitting regulations that establish new or more stringent RACT controls in OAC Chapters 3745-21 and 3745-110. For other source categories, Ohio EPA is certifying that previously adopted RACT regulations and controls represent RACT for implementing the 2015 ozone NAAQS.  This SIP submittal is available on Ohio EPA's moderate ozone planning website.

March 22, 2022 - Early Stakeholder Input Requested - OAC Chapter 3745-31 Ohio’s NSR Rules, Addition of a Permit-by-Rule

Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rules 3745-31-01, 3745-31-03, and 3745-31-30 (which is currently draft in another rule package). OAC rule 3745-31-03 contains exemptions to the permitting process and permits-by-rule (PBR) which can be utilized by facilities in certain industries in lieu of completing the formal permitting process.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Friday, April 22, 2022. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

March 17, 2022 - Adoption of Amended Rule Language - OAC Ch. 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards"

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-21. Ohio EPA drafted revisions to OAC Chapter 3745-21 to adopt mandatory Reasonably Available Control Technology (RACT) requirements for Cincinnati and Cleveland 2015 ozone nonattainment areas. The Cleveland and Cincinnati nonattainment areas are currently classified as marginal nonattainment for the 2015 ozone standard. The areas are required to meet the ozone standard by August 3, 2021, based on ozone monitoring data collected during the 2018-2020 ozone monitoring seasons, which extend from March 1 to October 31 each year.

The Cleveland and Cincinnati areas have failed to meet the ozone standard during the 2018-2020 ozone monitoring seasons as required and Ohio EPA anticipates that the areas will be reclassified to moderate nonattainment by U.S. EPA in accordance with the Clean Air Act (CAA). Reclassification to moderate nonattainment triggers additional CAA requirements, including VOC RACT requirements. This includes adoption of U.S. EPA Control Technique Guidelines (CTGs) as well as non-CTG VOC RACT for major stationary sources located in the moderate nonattainment areas. Some CTGs and non-CTG VOC RACT were previously adopted under prior ozone standards. 

The amended rules will be effective as of Sunday, March 27, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending June 18, 2021, a proposal comment period ending January 3, 2022, and a public hearing held January 3, 2022 both virtually and in Columbus, Ohio.

March 15, 2022 - Adoption of Amended Rule Language - OAC Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology Regulations"

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-110. Ohio EPA drafted revisions to OAC chapter 3745-110 to adopt mandatory Reasonably Available Control Technology (RACT) requirements for Cincinnati and Cleveland 2015 ozone nonattainment areas. The Cleveland and Cincinnati nonattainment areas are currently classified as marginal nonattainment for the 2015 ozone standard. The areas are required to meet the ozone standard by August 3, 2021, based on ozone monitoring data collected during the 2018-2020 ozone monitoring seasons, which extend from March 1 to October 31 each year.

The Cleveland and Cincinnati areas have failed to meet the ozone standard during the 2018-2020 ozone monitoring seasons as required and Ohio EPA anticipates that the areas will be reclassified to moderate nonattainment by U.S. EPA in accordance with the Clean Air Act (CAA). Reclassification to moderate nonattainment triggers additional CAA requirements, including NOx RACT requirements. 

The amended rules will be effective as of Friday, March 25, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending June 22, 2021, a proposal comment period ending January 3, 2022, and a public hearing held January 3, 2022 both virtually and in Columbus, Ohio.

March 10, 2022 - Requesting Stakeholder Input - OAC Chapter 3745-17 Particulate Matter Standard Rules

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-17, "Particulate Matter Standard Rules." The rules in this chapter establish 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 U.S. EPA as an amendment to Ohio’s SIP.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Tuesday, April 12, 2022. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

December 8, 2021 - OAC Chapter 3745-110 Nitrogen Oxides - Reasonably Available Control Technology Regulations (Toledo Area) 

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology (RACT)." The rules in this chapter establish requirements for emissions of Nitrogen oxides (NOx) from very large, large, mid-size, and small boilers, stationary combustion turbines, stationary internal combustion engines or reheat furnaces as defined in OAC rule 3745-110-01, or sources located at a facility that emits or has the potential to emit a total of more than one hundred tons per year of NOx from all sources at that facility. NOx is a precursor compound which, along with volatile organic compounds (VOCs) can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act (CAA). This rulemaking will consider the possibility of extending the requirements of these rules in the Toledo, Ohio area.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Monday, January 11, 2022. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.       

July 21, 2021 - Stakeholder Input Requested on Rulemaking - OAC Chapter 3745-103 – Acid Rain Permits and Compliance Rules

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and Compliance Rules." Chapter 3745-103 of the Ohio Administrative Code (OAC) contains the requirements pertaining to the Acid Rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. The rules also contain the requirements for applications for and issuance of acid rain permits in accordance with 40 CFR Part 76 and Title IV of the Clean Air Act.  

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Friday, August 20, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

April 14, 2021 - Stakeholder Input Requested on Rulemaking - OAC Ch. 3745-107, "Affordable Clean Energy Program Rules"

Ohio EPA is requesting stakeholder input on potential recission of rules in Ohio Administrative Code (OAC) Chapter 3745-107, "Affordable Clean Energy Program Rules." The Affordable Clean Energy rule (ACE), finalized by the United States Environmental Protection Agency on July 8, 2019 (84 FR 32520), consists of emission guidelines for greenhouse gas (GHG) emissions from existing electric utility generating units (EGUs) under Clean Air Act (CAA) section 111(d) that will inform states on the development, submittal, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel fired EGUs.

Ohio EPA is considering rescinding all of the rules in OAC Chapter 3745-107. OAC Chapter 3745-107 was developed to implement federal requirements to establish greenhouse gas performance standards at existing coal-fired EGUs under the ACE Rule {84 FR 32520}. On January 19, 2021 the United States Court of Appeals (USCOA) for the District of Columbia Circuit issued a ruling on USCOA Case #19-1140 vacating U.S. EPA’s ACE Rule. With this vacature, OAC Chapter 3745-107 is not applicable to any sources in the State of Ohio and therefore these rules are no longer necessary.