The first step in the rule-making process is for Ohio EPA to identify that a rule needs to be amended, rescinded or created. Ohio EPA may also review a rule pursuant to the five-year rule review requirements (ORC 106.03) and determine that the rule should be filed with the Joint Committee on Agency Rule Review (JCARR) as 'no change.'

In response to Executive Order 2011-01K, Ohio EPA has added an additional step to ensure stakeholders are brought into the rule process as early as possible. This additional interested party notification and request for information will allow for early feedback before the rule language has been developed by the Agency.

The following rules are currently in the early stakeholder outreach rulemaking stage:

Ohio's Asbestos Emissions and Asbestos Licensing Rules - Comment Ends July 6, 2022

June 3, 2022: Ohio EPA is requesting stakeholder input on potential changes to Ohio Administrative Code (OAC) Chapters 3745-20 "Asbestos Emission Control"  and 3745-22, "Asbestos Hazard Abatement Contractors, Specialists & Other Professionals." The rules 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.

OAC Chapter 3745-31 Ohio’s NSR Rules, Addition of a Permit-by-Rule -Comment ends April 22, 2022

March 22, 2022: 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.

OAC Chapter 3745-110 Nitrogen Oxides - Reasonably Available Control Technology Regulations (Toledo Area) - Comment Ends January 11, 2022

December 8, 2021: 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.

OAC Ch. 3745-107 -  Affordable Clean Energy Program Rules - Comment Ends May 14, 2021

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.

OAC Rules 3745-31-34 and 3745-77-11 – Greenhouse Gas Tailoring Rules - Comment Ends April 6, 2020

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.

Stakeholder Input Requested on New Rules Regulating Emissions from the Oil and Gas Industry - Comment Ends December 19, 2018 

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.