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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 24, 2022 - Proposal of Amended Rules - OAC Chapters 3745-24, "NOx and VOC Emission Statements Rules" and 3745-78, "Air Pollution Control Fees Rules"


The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapters 3745-24, "NOx and VOC Emission Statements Rules" and 3745-78, "Air Pollution Control Fees Rules." to the Joint Committee on Agency Rule Review (JCARR). 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.

Ohio EPA will be holding both a virtual and in-person public hearing on the amended rules on Friday, July 29, 2022 at 2:00 p.m. Please see the public notice for information on the in-person hearing and how to register for the virtual hearing.

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 8, 2022 - Availability of Draft for Comment - OAC Chapter 3745-15, "General Provisions on Air Pollution Control."  

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 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 emission information, the measurement of emissions of air contaminants, the requirements for the determination of a “De Minimis” source of air pollution, the requirements in the event of equipment shut down caused by malfunction or maintenance, and other administrative rules. Ohio EPA is also making 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. Ohio EPA has also found OAC rules 3745-15-02, 3745-15-04, 3745-15-08, and 3745-15-09 remain necessary and are without need of change.

DAPC is requesting comments on the draft amended rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, July 8, 2022. Please see the rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments.

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.

April 20, 2022 - Availability of Draft for Comment - OAC Chapter 3745-113 "Architectural and Industrial Maintenance Coatings Rules"

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for potential amendment of rules in Ohio Administrative Code (OAC) Chapter 3745-113, "Architectural and Industrial Maintenance Coatings." 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.

DAPC is requesting comments on the draft amended rules and 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, May 24, 2022. Please see the rule language, public notice, and draft business impact analysis for information on the rule review and 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.

March 3, 2022 - Draft Available for Comment - Submittal of Approved Alternate Application Methods under OAC 3745-21-18(C)(3)(k)  

Ohio EPA is making available a draft for comment of  our Request for Approval of Alternate Spray Application Methods into Ohio's State Implementation Plan (SIP). Ohio Administrative Code (OAC) rule 3745-21-18, “Commercial motor vehicle and mobile equipment refinishing operations”  regulates emissions of volatile organic compounds (VOC) from commercial motor vehicle and mobile equipment refinishing operations. VOCs are a precursor to ozone. Under paragraph (C)(3) of the rule, Ohio EPA lists application techniques to be utilized to apply VOC containing coatings, as listed in the rule, for commercial purposes. In paragraph (C)(3)(k), Ohio EPA allows an owner or operator of a facility to implement an alternate coating method as long as Ohio EPA determines that the coating application method “... achieves emission reductions equivalent to HVLP or electrostatic spray application methods.” The rule also requires that approved alternate coating application methods will be submitted to USEPA as a revision to Ohio’s state implementation plan (SIP). This document is Ohio’s submittal of approved alternate methods as amendments to the SIP.

Ohio EPA will be providing a public comment period on the draft plans through April 5, 2022.  A public hearing on this action may be requested by contacting Paul Braun at (614) 644-3734 or pauil.braun@epa.ohio.gov no later than April 5, 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 public hearing please refer to the public notice. To view the draft submittal letter, please see the Approved Equivalent Methods page.

February 16, 2022 - Rescission of Rule Language - OAC Chapter 3745-71, Lead Emission Limits

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has rescinded the rules in Ohio Administrative Code (OAC) Chapter 3745-71. The rules in this chapter contained the requirements for ascertaining, defining and measuring ambient air quality related to emissions of lead. Historically, these rules regulated a single lead source in Ohio but the rules specific to this source were previously rescinded due to the permanent shutdown of the lead source. The only remaining rules in this chapter identify the method used to measure ambient air quality and definitions associated with that rule.

On June 16, 2021 (86 FR 31926), U.S. EPA approved removing these rules from Ohio’s state implementation plan (SIP). U.S. EPA removed the rules at the request of Ohio because the facilities specifically regulated by the rules are permanently shutdown and sampling requirements in the rules are duplicated elsewhere in Ohio’s air pollution control rules. Ohio EPA is now rescinding the rules because they are no longer necessary.

The rule rescission will be effective as of Saturday, February 26, 2022 (see the Public Notice of Rescission). The rules are being adopted after a draft comment period ending October 19, 2021, a proposal comment period ending January 4, 2022, and a public hearing held January 4, 2022 both virtually and in Columbus, Ohio.

January 25, 2022 - Adoption of Amended Rule Language - OAC Chapter 3745-79, Small Business Assistance Rules

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-79. The rules in this chapter fulfill a mandate of Section 507 of the 1990 Clean Air Act Amendments for states to establish a small business assistance program. The program created by these rules and ORC 3704.18 helps small businesses understand and comply with air pollution regulations. In Ohio, the functions of this program are performed by the Office of Compliance Assistance and Pollution Prevention (OCAPP), located within Ohio EPA’s Division of Environmental and Financial Assistance.

The amended rules will be effective as of Friday, February 4, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending September 9, 2021, a proposal comment period ending December 17, 2021, and a public hearing held December 17, 2021 both virtually and iv Columbus, Ohio.

January 24, 2022 - Adoption of Amended, New and Rescinded Rule Language - OAC Chapter 3745-18, Sulfur Dioxide Regulations

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-18. The rules in this chapter contain the requirements for the prevention of emissions of sulfur dioxide into the atmosphere from fuel burning and process equipment. 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.

The amended, new and rescinded  rules will be effective as of Thursday, February 3, 2022 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending May 17, 2021, a proposal comment period ending December 16, 2021, and a public hearing held December 16, 2021 both virtually and iv Columbus, Ohio.

January 21, 2022 - Early Stakholder Input Requested - OAC Chapter 3745-19 Open Burning

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Regulations." The rules n this chapter contain the requirements for Ohio’s Open Burning Program. These rules assist Ohio in the attainment and maintenance of the national ambient air quality standards for particulate matter and are a part of Ohio’s State Implementation Plan (SIP) as required in Section 110 of the Clean Air Act. These rules regulate the type of fire, size of fire, and materials that may be burned as well as establishing the requirements for obtaining a permission to open burn and penalties for violations of the open burning regulations.

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, February 22, 2022. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

December 21, 2021 - Final Submitted to U.S. EPA - Redesignation Request and Maintenance Plan for the Ohio Portion of the Cincinnati, OH-KY 2015 Ozone Nonattainment Area

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) submitted to U.S. EPA the final redesignation request and maintenance plan for the Ohio portion of the Cincinnati, OH-KY 2015 Ozone Nonattainment Area.  Air quality monitoring data collected between 2019 and 2021 in the area demonstrate attainment of the NAAQS and there is evidence that the improved air quality is due to permanent, enforceable emission reductions. In addition, existing requirements are sufficient to maintain the 2015 ozone standard in this area at least ten years into the future. Due to this evidence DAPC will be asking U.S. EPA to redesignate the Ohio portion of the Cincinnati, OH-KY area as attainment for the 2015 ozone standard and approve Ohio's maintenance plan. The final redesignation request is available at https://epa.ohio.gov/wps/portal/gov/epa/divisions-and-offices/air-pollution-control/state-implementation-plans/division-of-air-pollution-control-sip-2015.

December 14, 2021 - Availability of Draft for Comment - OAC Chapters 3745-24, "NOx and VOC Emission Statements Rules" and 3745-78, "Air Pollution Control Fees Rules"


The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for potential rescission of rules in Ohio Administrative Code (OAC) Chapters 3745-24, "NOx and VOC Emission Statements Rules" and 3745-78, "Air Pollution Control Fees Rules." 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.

DAPC is requesting comments on the draft amended rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday. January 14, 2022. Please see the rule language, public notice, and draft business impact analysis for information on the rule review and 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.

December 7, 2021 - Availability of Draft for Comment – Draft Letter Request for Monitor Relocation in Akron, Ohio

Ohio EPA is requesting USEPA approve a change to Ohio’s air monitoring program in the Akron, OH area. Specifically, Ohio EPA is requesting to relocate an ozone monitoring site (Patterson Park, 39-153-0020) to a nearby site in the area (North HS, 39-153-0026). A site relocation is requested because Patterson Park no longer meets proper siting criteria for ozone monitoring because of trees that have grown in the vicinity of the monitoring location. The property owners will not allow for any modifications to the trees necessitating a site relocation.  

Ohio EPA will continue to meet the minimum monitoring requirements for this area with this relocation. Additional details can be found in the draft request.

Ohio EPA will accept comments on this draft request through Friday, January 7, 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

October 21, 2021 - Availability of Ohio EPA’s 2020 Annual Air Monitoring Report

Ohio EPA’s 2020 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 http://www.epa.ohio.gov/dapc/airohio/index.

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 2020, 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.

October 8, 2021 - Availability of Draft for Comment – Draft Letter Request for Monitor Discontinuation in Sheffield, Ohio

October 8, 2021: Ohio EPA is requesting USEPA approve a change to Ohio’s air monitoring program in the Cleveland-Elyria, OH area. Specifically, Ohio EPA has discontinued monitors for PM2.5 FRM, PM2.5 Continuous, PM10, and PM2.5 Speciation at the following location: Barr School (39-093-3002). The discontinuation has already occurred because the property was sold and the new owner was unwilling to allow continued occupancy. Ohio EPA will continue to meet the minimum monitoring requirements for this area with this reduction. Additional details can be found in the draft request.

Ohio EPA will accept comments on this draft request through Tuesday, November 9, 2021. 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

September 23, 2021 - Stakeholder Input Requested on Rulemaking - OAC Chapter 3745-113 "Architectural and Industrial Maintenance Coatings"

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-113, "Architectural and Industrial Maintenance Coatings." 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.

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, October 26, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

September 16, 2021 - Availability of Draft for Comment - OAC Ch. 3745-71, "Lead Emission Rules"

The Division of Air Pollution Control (DAPC) is making available for public comment rule language and a draft of the business impact analysis (BIA) document for potential rescission of rules in Ohio Administrative Code (OAC) Chapter 3745-71, "Lead Emission Rules." The rules in this chapter contain the requirements for ascertaining, defining and measuring ambient air quality related to emissions of lead. Historically, these rules regulated a single lead source in Ohio but the rules specific to this source were previously rescinded due to the permanent shutdown of the lead source. The only remaining rules in this chapter identify the method used to measure ambient air quality and definitions associated with that rule. 

On June 16, 2021 (86 FR 31926), USEPA approved removing these rules from Ohio’s state implementation plan (SIP). USEPA removed the rules at the request of Ohio because the facilities specifically regulated by the rules are permanently shutdown and sampling requirements in the rules are duplicated elsewhere in Ohio’s air pollution control rules. Ohio EPA is now rescinding the rules because they are no longer necessary.

DAPC is requesting comments on the potential rescission of the rules and 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, October 19, 2021. Please see the rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments.   

September 8, 2021 - Submission of Final Plans to U.S. EPA – Second Limited Maintenance Plans for the Cleveland-Akron-Lorain, Canton-Massillon, and Steubenville 24-Hour PM2.5 Maintenance Areas

Ohio EPA submitted to U.S. EPA Ohio’s Second Limited Maintenance Plans for the Cleveland-Akron-Lorain, Canton-Massillon and Steubenville 24-Hour PM2.5 Maintenance Areas.  Under Section 175 (A) of the CAA, eight years after redesignation of any area as an attainment area, the State must submit an additional revision of the applicable SIP for maintaining the NAAQS for 10 years after the expiration of the previous 10-year period.  For the Cleveland-Akron-Lorain and Steubenville areas, the previous 10-year period expires on September 18, 2023.  Therefore, the second maintenance plans are required to be submitted by September 18, 2021. For the Canton-Massillon area, the previous 10-year period expires on October 22, 2023.  Therefore, the second maintenance plan is required to be submitted by October 22, 2021. These documents address this requirement and provides for continued maintenance of the 24-hour PM2.5 standard in all three areas.

Ohio EPA notified the public of the availability of the draft maintenance plan on July 19, 2021.  One comment was received from the Akron Regional Air Quality Management District and was addressed.  A response to comments document is included with this submittal. 

In addition, during the comment period, DAPC identified an error in the emissions summaries calculated for this submittal.   In this final submittal, corrections have been made to the emissions analysis and other analyses that used the emissions data, such as the mobile emissions analysis to support qualification under the limited maintenance plan (LMP) option.  None of these corrections resulted in any changes to the outcome of Ohio showing continued maintenance under this plan or qualification under the LMP option.

August 6, 2021 - Availability of Draft for Comment - OAC Ch. 3745-79, "Small Business Technical Assistance Rules"

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended rules in Ohio Administrative Code (OAC) Chapter 3745-79, "Small Business Technical Assistance Rules." The rules in this chapter fulfill a mandate of Section 507 of the 1990 Clean Air Act Amendments for states to establish a small business assistance program. The program created by these rules and ORC 3704.18 helps small businesses understand and comply with air pollution regulations. In Ohio, the functions of this program are performed by the Office of Compliance Assistance and Pollution Prevention (OCAPP), located within Ohio EPA’s Division of Environmental and Financial Assistance.

DAPC is requesting comments on the draft rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Thursday, September 9, 2021. Please see the draft rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments

July 30, 2021 - Final Submitted to U.S. EPA - Regional Haze State Implementation Plan for the Second Implementation Period

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has submitted to U.S. EPA the final Regional Haze State Implementation Plan (SIP) for the second implementation period. The goal of the Regional Haze Rule is to restore national parks and wilderness areas (Class I areas) to the natural visibility condition of atmospheric clarity that would prevail in the absence of human impacts by the year 2064. The Regional Haze rules sets up an iterative planning process, with comprehensive periodic revisions to the SIP due in 2021, 2028 and every 10 years thereafter. Ohio’s SIP submittal for the second implementation period discusses Ohio’s impact on neighboring Class I areas and Ohio’s long-term strategy. The final Regional Haze SIP is available at https://www.epa.ohio.gov/dapc/sip/haze (see bottom line of table).

July 29, 2021 - Availability of Draft for Comment - OAC Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program "

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended rules in Ohio Administrative Code (OAC) Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program ". This chapter provides requirements 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.

DAPC is requesting comments on the draft rules and 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, August 31, 2021. Please see the draft rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments.

July 28, 2021 - Adoption of Amended Rule Language - OAC Chapter 3745-26,  Inspection and Maintenance Program Rules

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-26. The rules in this chapter contain the requirements for Ohio’s motor vehicle inspection and maintenance (I/M) program, also known as E-Check. The program currently tests cars in seven counties in Northeast Ohio (Cuyahoga, Geauga, Lake, Lorain, Medina, Summit, and Portage). These rules fulfill a requirement in the Clean Air Act and are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standard for ozone in the Cleveland/Akron/Lorain Metropolitan area. The changes in this rulemnaking are minor and being made after a review to fulfill the requirements of ORC 106.03 (5-year review).

The amended rules will be effective as of Saturday, August 7, 2021 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending October 6, 2020, a proposal comment period ending May 18, 2021, and a public hearing held May 18, 2021 virtually.

July 26, 2021 - Adoption of Amended Rule Language - OAC Chapter 3745-80,  Anti-Tampering Rules

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-80. The rules in this chapter describe and prohibit acts of tampering with pollution control devices on vehicles and provide procedures for the training of anti-tampering inspectors. These rules are being proposed with amendments after a review to fulfill the requirements of Ohio Revised Code (ORC) 106.03 (5-year review).   

The amended rules will be effective as of Thursday, August 5, 2021 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending January 29, 2021, a proposal comment period ending April 23, 2021, and a public hearing held April 23, 2021 virtually.

July 26, 2021 - Adoption of Amended Rule Language - OAC Chapter 3745-104,  Accidental Releases Prevention Program Rules

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-104, "Accidental Releases Prevention Program" Rules. The rules in this chapter establish Ohio’s Accidental Release Prevention Program. These rules were promulgated after Ohio received delegation of authority from USEPA in December 1999 for the program. The rules require facilities to submit a Risk Management Plan (RMP), implement a prevention program and an emergency response plan or program.

The amended rules will be effective as of Thursday, August 5, 2021 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending September 18, 2021, a proposal comment period ending May 18, 2021, and a public hearing held May 18, 2021 virtually.

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.

July 16, 2021 - Interested Party Release- Updating Outdated Modes of Communication

In a joint rulemaking effort, the Lieutenant Governor’s office and Ohio EPA have identified instances where outdated modes of communication, such as paper mail, facsimile, or newspaper, are required. Also identified were rules that contained the requirement for regulated entities to submit multiple copies of a document. To reduce adverse impacts to regulated entities and to provide modern options, Ohio EPA is releasing drafts containing only amendments to those instances. 

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended air pollution control rules in the Ohio Administrative Code (OAC) as part of this rulemaking effort. The air pollution control rules in this rulemaking belong to 3 separate Chapters of the Ohio Administrative Code (OAC) 3745-20 “asbestos emission control,” 3745-103 “Acid Rain Permits and Compliance,” and 3745-112 “Consumer Products.”

Ohio EPA is requesting comments on the draft rules and the draft BIA document before the agency proposes the rules to the Joint Committee on Agency Rule Review (JCARR). The agency will be accepting comments through Friday, August 13, 2021. Please see the draft rule language, public notice, and draft business impact analysis for information on the air pollution control rules in this rulemaking and how to submit comments. For information on other agency rules in this rulmaking, please go here.

June 30, 2021 - Availability of Ohio's 2021-2022 Annual Monitoring Network Plan (AMNP)

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has submitted the final 2021-2022 Annual Monitoring Network Plan (AMNP) to U.S. EPA. The draft plan was made available for comment on May 7, 2021. 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 29, 2021 - Annual Review of Sulfur Dioxide (SO2) Data Requirements Rule Source Emissions

Ohio EPA submitted to U.S. EPA the 2021 Annual Review of Sulfur Dioxide (SO2) as a part of the Data Requirements Rule for the 2010 SO2 standard [80 FR 51052] set by U.S. EPA on August 21, 2015. This rule established ongoing data review requirements including, for areas where modeling of actual SO2 emissions served as the basis for an unclassifiable/attainment designation, an annual review of emissions data and submittal of a report recommending whether updated modeling is necessary due to emissions increases. The annual emissions review is due to U.S. EPA Region 5 by July 1, annually, beginning the calendar year after the effective date of designation. Ohio EPA made a draft available for public comment on April 28, 2021. The comment period ended on May 28, 2021 and no comments were received.

June 24, 2021 - Adoption of Amended Rule Language - State Emergency Response Commission (SERC) Rules

On behalf of the director of the State Emergency Response Commission (SERC), the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Agency 3750. The rules in OAC Agency 3750 establish the framework of the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPCs) and establish emergency planning and release reporting reporting requirements to facilities that store hazardous chemicals or extremely hazardous substances or have a spill or release of extremely hazardous substances, CERLA hazardous substances or oil as defined. The list of adopted rules is included in the notice of adoption.  

 

The amended rules will be effective as of Tuesday, July 6, 2021 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending April 10, 2020, a proposal comment period ending April 23, 2021, and a public hearing held April 22, 2021 virtually.

June 7, 2021 - Adoption of Amended Rule Language - OAC Chapter 3745-73 - Total Reduced Sulfur Rules

Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-73, "Total Reduced Sulfur Rules." The rules in this chapter contain the requirements for the control of emissions of total reduced sulfur from Kraft Pulp Mills. A Kraft Pulp Mill is a wood pulping mill which uses an alkaline sulfide solution containing sodium hydroxide and sodium sulfide (white liquor) in the wood digesting process. These sulfur emissions are precursors to sulfur dioxide and particulate matter for which national ambient air quality standards have been established under the Clean Air Act.

The amended rules will be effective as of  Thursday, June 17, 2021 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending December 8, 2020, a proposal comment period ending April 22, 2021, and a public hearing held April 22, 2021 virtually.

May 20, 2021 - Availability of Draft for Comment - OAC Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology Regulations"

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended rules in Ohio Administrative Code (OAC) Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology Regulations." 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 emissions from all sources at that facility. NOx is a precursor compound which, along with volatile organic compounds (VOCs) can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act.  

DAPC is requesting comments on the draft rules and 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, June 22, 2021. Please see the draft rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments

May 17, 2021 - Availability of Draft for Comment - OAC Ch. 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards"

The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document in Ohio Administrative Code (OAC) Chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards." The rules in this chapter 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 and CO are two of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. 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 draft rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, June 18, 2021. Please see the draft rule language, public notice, and draft business impact analysis for information on the rule review and how to submit comments.  

May 7, 2021 - Availability of Draft for Comment – Draft 2021-2022 Ohio EPA Annual Air Monitoring Network Plan

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is providing for public comment a draft 2021-2022 Annual Air Monitoring Network Plan. The draft plan identifies any planned changes to the monitoring network and demonstrates that U.S. EPA monitoring requirements continue to be met. Annual air monitoring plans must be noticed to allow public comment and to satisfy U.S. EPA requirements for public involvement in air monitoring activities.

The draft network plan is available for review on Ohio EPA’s Air Monitoring website. DAPC will be accepting comments on the draft plan through June 8, 2021. Please see the public notice for information on how to submit comments.

April 16, 2021 - Stakeholder Input Requested on Rulemaking - OAC Ch. 3745-24, "NOx and VOC Emission Statements Rules"

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-24, "NOx and VOC Emission Statements Rules." The rules in this chapter contain the requirements for the submission of emission statements for any facility that emits twenty-five tons or more of oxides of nitrogen (NOx) or twenty-five tons or more of volatile organic compounds (VOC) during the calendar year and is located in a county designated as nonattainment for the National Ambient Air Quality Standards for ozone.

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, May 18, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

April 16, 2021 - Stakeholder Input Requested on Rulemaking - OAC Ch. 3745-78, "Air Pollution Control Fees Rules"

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-78, "Air Pollution Control Fees Rules." The rules in this chapter require owners or operators of certain air permits to submit air pollution emissions data to the director so that emissions fees can be calculated. Title V facilities are required to submit actual emissions data on an annual basis. Non-Title V facilities are required to submit actual emissions data on a bi-annual basis.  Title V facilities are facilities with a potential to emit of any one regulated air pollutant of greater than or equal to one hundred tons per year, or any one hazardous air pollutant (HAP) greater than or equal to ten tons per year, or any combination of HAPs greater than twenty-five tons per year. The rules also require that the owner or operator of these facilities pay fees as specified in division (C) of section 3745.11 of the Revised Code.

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, May 18, 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.

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, May 14, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

July 13, 2020 - Stakeholder Input Requested on Rulemaking - OAC rules 3745-18-03, 3745-18-04, and 3745-18-90

Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) 3745-18-03, 3745-18-04 and 3745-18-90 – Sulfur Dioxide Regulations. The rules in this chapter contain the requirements for the prevention of emissions of sulfur dioxide into the atmosphere from fuel burning and process equipment. Ohio EPA is planning to revise OAC Rule 3745-18-90 to incorporate sulfur dioxide emission limits for Globe Metallurgical in Washington County. These limits are necessary to satisfy attainment demonstration SIP requirements established by the U.S. EPA for the Muskingum River, OH sulfur dioxide nonattainment area. Ohio EPA is also planning to revise OAC Rule 3745-18-03 and 3745-18-04 to incorporate compliance time schedules and measurement methods and procedures relevant to the Globe Metallurgical emission limits.

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 Thursday, August 13, 2020.

April 20, 2020 - Availability of Draft Amended Rules for Comment - OAC Chapter 3745-76, Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills Rules

The Division of Air Pollution Control (DAPC) is making available a draft of amended rules in Ohio Administrative Code (OAC) Chapter 3745-76, "Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills Rules." The rules in this chapter contain the requirements and emission guidelines for the control of NMOC emissions from existing landfills. An existing landfill is any landfill that commenced construction, reconstruction, or modification on or before July 17, 2014. The Emission Guidelines of this rule apply to landfills that accepted waste after November 8, 1987. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d) and 40 CFR Part 60, Subpart Cf.

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, May 22, 2020. Please see the public notice, draft business impact analysis, and synopsis of changes (linked below) for information on the rule review and how to submit comments

March 5, 2020 - Stakeholder Input Requested on Potential Rules Amendments - OAC Rules 3745-31-34 and 3745-77-11 – Greenhouse Gas Tailoring Rules

Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rules 3745-31-34 and 3745-77-11, Ohio's Greenhous Gas Tailoring Rules. 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 Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Monday, April 6, 2020.

October 4, 2019 - Stakeholder Input Requested on Potential Rules Amendments - OAC Chapter 3745-76, Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills Rules

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-76, "Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills" rules. The rules in this chapter contain the requirements and emission guidelines for the control of non-methane organic compound (NMOC) emissions from existing landfills. An existing landfill is any landfill that commenced construction, reconstruction, or modification on or before July 17, 2014. The Emission Guidelines of this rule apply to landfills that accepted waste after November 8, 1987. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d) and 40 CFR Part 60, Subpart Cf.

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, November 6, 2019.

June 19, 2019 - Stakeholder Input Requested on Rules - OAC Chapter 3745-15, General Provisions Rules

Ohio EPA is requesting stakeholder input on potential amendments to 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 emission information, the measurement of emissions of air contaminants, the requirements for the determination of a “De Minimis” source of air pollution, the requirements in the event of equipment shut down caused by malfunction or maintenance, air pollution nuisances, and other administrative rules.

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, July 23, 2019.

November 16, 2018 - Stakeholder Input Requested on New Rules Regulating Emissions from the Oil and Gas Industry

Ohio EPA is requesting stakeholder input on potential new rules regulating emissions from the oil and gas industry. Ohio EPA intends to develop rules that cover air pollution emissions from oil and gas facilities associated with unconventional oil/gas recovery and processing. These rules would cover similar equipment and requirements as is currently covered by U.S. EPA’s New Source Performance Standards (NSPS) for the oil and natural gas sector under 40 CFR Part 60, Subpart OOOOa. Typical facilities would include oil and gas well sites and gas compressor stations. The rules would cover both existing and new sources.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these new 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, December 19, 2018.

August 15, 2018 - Availability of Draft for Comment - OAC Rule 3745-17-03, "Measurement Methods and Procedures for Particulate Matter Standards"

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amendments to Ohio Administrative Code (OAC) rule 3745-17, "Measurement Methods and Procedures for Particulate Matter Standards." The rules in OAC Chapter 3745-17 establish requirements for the control of emissions of particulate matter from stationary emission sources. OAC rule 3745-17-03 contains the methods and procedures used to measure particulate matter emissions from stationary sources. Particulate matter is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. The intent of these rules is to limit emissions of particulate matter to allow the state of Ohio to attain and maintain the NAAQS for particulate matter.

The Division of Air Pollution Control (DAPC) is requesting comments on the draft rules and the draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Friday, September 14, 2018. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language for information on the proposed changes and how to submit comments.

July 20, 2018 - Stakeholder Input Requested on Rules - OAC Rule 3745-17-03, "Measurement Methods and Procedures for Particulate Matter Standards"

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) rule 3745-17-03, "Measurement Methods and Procedures for Particulate Matter Standards." The rules in OAC Chapter 3745-17 establish requirements for the control of emissions of particulate matter from stationary emission sources. OAC rule 3745-17-03 contains the methods and procedures used to measure particulate matter emissions from stationary sources. Particulate matter is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. The intent of these rules is to limit emissions of particulate matter to allow the state of Ohio to attain and maintain the NAAQS for particulate matter.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Friday, August 3, 2018.

June 22, 2018 - Stakeholder Input Requested on Rules - OAC Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program "

Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program." This chapter provides requirements 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.

Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Friday, July 27, 2018.