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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 Business Impact Analysis Document for Comment - Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Regulations"  

October 27, 2022  The Division of Air Pollution Control (DAPC) is making available for public comment a draft business impact analysis (BIA) document for Ohio Administrative Code (OAC)  Chapter 3745-19, "Open Burning Regulations." The rules in 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. After a review to fulfill the requirements of Ohio Revised Code (ORC) 106.031, DAPC has determined that these 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, November 29, 2022. Please see the public notice, and draft business impact analysis (linked below) for information on the rule review and how to submit comments on the draft BIA document.

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.

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

August 15, 2018 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 (linked below) for information on the proposed changes and how to submit comments.