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DAPC Interested Party Review

The Interested Party (IP) review process is designed to allow interested parties, stakeholders or citizens to make comments regarding the rule prior to adoption. The IP process is the second step in the rule-making process. Whereas the Early Stakeholder Outreach process asked for general comments on anticipated rule changes, the IP process asks interested parties, stakeholders or citizens to make comments on the draft rule language developed by Ohio EPA.

During the IP process, Ohio EPA is required to submit a Business Impact Analysis (BIA) to the Common Sense Initiative Office (CSIO). CSIO has two options for the Business Impact Analysis:  

  1. Prepare and send recommendations to Ohio EPA for eliminating or reducing adverse impacts
  2. Allow 16 days to pass without preparing and sending recommendations 

Based on comments received from interested parties or the CSIO, Ohio EPA may choose to revise the rules further before proposing them to the Joint Committee on Agency Rule Review (JCARR).

The following draft rule language and their related BIA have been released for the IP review process:

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

March 29, 2023  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 and draft BIA (linked below) for information on the rule review and how to submit comments.

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

March 9, 2023  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 (linked below) for information on the rule review and how to submit comments.

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

February 13, 2023  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 (linked below) for information on the rule review and how to submit comments.

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

January 19, 2023  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 (linked below) for information on the rule review and how to submit comments.

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

December 14, 2022  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 (linked below) for information on the rule review and how to submit comments.

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

April 20, 2020  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.

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