Division of Air Pollution Control Rules and Laws

The Division of Air Pollution Control (DAPC) develops and enforces rules in the Ohio Administrative Code (OAC). These rules assist the state of Ohio to:

  • Attain and maintain the National Ambient Air Quality Standards (NAAQS) contained in the Clean Air Act
  • Fulfill the requirements set forth by the Ohio General Assembly in Ohio Revised Code (ORC) Section 3704
  • Protect and maintain healthy air quality for the citizens of the state of Ohio

Ohio EPA air pollution control regulations are located in the OAC in chapters 3745-14 to 3745-26, 3745-31, 3745-71 to 3745-80, 3745-100, 3745-103 to 3745-105, and 3745-109 to 3745-114. Additional chapters are added as needed to address new laws and requirements related to air pollution control.

Proposing new rules and amendments to existing rules is a regular activity conducted by Ohio EPA in response to laws passed by the General Assembly and federal rule requirements. The Agency is also required by state law to review its rules at least once every five years to ensure their continued need and relevance.

During the Ohio rule-making process, rules pass through the following four phases: early stakeholder outreach; draft review; proposal to the Joint Committee on Agency Rule Review (JCARR); and final adoption. To view the rules currently in each of these phases, please view the tabs below.

Some of Ohio EPA’s air pollution control regulations are a part of Ohio’s State Implementation Plan (SIP). Rules that are a part of Ohio’s SIP are submitted to U.S. EPA after final promulgation of the rule(s) and then U.S. EPA must in turn take action to approve the rule(s) into Ohio’s SIP. The process of U.S. EPA approval can take up to 18-months after Ohio EPA submits a request, as allowed under CAA Section 110(k). Therefore, often there is a time lag between the effective date of Ohio’s rules and the effective date of approval of those rules as a part of Ohio’s SIP. When a rule(s) that was approved as a part of Ohio’s SIP is amended, Ohio EPA will often submit the amended rule(s) as a revision to the approved Ohio SIP, which U.S. EPA must again take action to approve as a replacement. To find a list of the currently approved SIP rules, and the effective dates of those rules, see 40 CFR 52.1870. As explained above, some of these SIP approved rules will not be the most currently effective rule found on the tab below. You may request specific SIP approved rules not found in the tab below by contacting Ohio EPA DAPC’s Rule Coordinator at paul.braun@epa.ohio.gov or 614-644-3734.

Join a rules electronic mailing list to stay informed about current rule-making and opportunities to provide comment during the process.

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 119.032) 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 undergoing early stakeholder outreach:
 

 
 
March 23, 2018
  • Stakeholder Input Requested - OAC Rule 3745-25-02, Ohio's Ambient Air Quality Rule

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rule 3745-25-02, Ohio’s "Ambient Air Quality Standards Rule." OAC rule 3745-25-02 contains Ohio’s ambient air quality standards. The standards in this rule are intended to adopt the current national ambient air quality standards (NAAQS) into the OAC and fulfill the requirements in the Clean Air Act as a part of Ohio’s state implementation plan (SIP) for the attainment and maintenance of the NAAQS.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the potential new rule 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 the potential changes to this rule through Tuesday, April 24, 2018.

December 12, 2017
  • Stakeholder Input Requested on New SERC Rule - OAC Rule 3750-90-01, Applying for Access to Information

    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is requesting stakeholder input on a potential new rule. The new rule, to be numbered rule 3750-90-01 of the Administrative Code would establish the framework for requesting from either the SERC or Local Emergency Planning Committees (LEPCs) information submitted under ORC Chapter 3750, Emergency Planning. The rule will likely mirror the public information language found in Ohio Revised Code (ORC) 3750.02(B)(2)(c).

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions 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 the potential new rule through Friday, January 12, 2018.

November 7, 2017
  • Stakeholder Input Requested - OAC Chapter 3745-113- Architectural and Industrial Maintenance (AIM) Coatings
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-113, "Architectural and Industrial Maintenance (AIM) Coatings." These rules establish requirements on the quantity of volatile organic compounds (VOCs) contained in AIM coatings that are sold, supplied, offered for sale, or manufactured for sale in the state of Ohio. The rules in this chapter are applicable statewide and apply to persons who sell, supply, offer for sale, or manufacture for sale in the state of Ohio any AIM coating on or after January 1, 2009 that contains VOC's in excess of the VOC content limits specified in the Table in OAC Rule 3745-113-03.

    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 potential changes to these rules through Friday, December 8, 2017.

July 18,2017
  • Stakeholder Input Requested - OAC Chapter 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology Regulations
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology Regulations." These rules 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 furnace as defined in OAC rule 3745-110-01, or that are 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.

    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 potential changes to these rules through Friday, August 18, 2017.

June 29, 2017
  • Stakeholder Input Requested - OAC Rule 3745-31-03, Exemptions and Permits-by-Rule
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rule 3745-31-03, "Exemptions and Permits-by-Rule." This rule identifies the qualifications, exemptions, and permit-by rule provisions that relieve an entity from the obligation to apply for and obtain a permit-to-install or permit-to-install and operate for the installation or modification, and operation of an air contaminant source. Pursuant to industry and agency requests, the Ohio EPA, Division of Air Pollution Control is considering amendments to this rule to add an additional clarification of the qualifications under OAC rule 3745-31-03(A), revise existing permanent permit exemptions and propose additional permanent permit exemptions under OAC rule 3745-31-03(B)(1), and to provide clarifications and corrections to several permit-by-rule provisions in OAC rule 3745-31-03(C).

    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 potential changes to these rules through Tuesday, August 1, 2017.

June 1, 2015
  • Stakeholder Input Requested on Rules - OAC Chapters 3745-31-34 and 3745-77-11

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

     

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on 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 Thursday, July 2, 2015.

 

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:

 
 
March 21, 2018
  • Availability of Draft for Comment - OAC Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards
    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amendments to various rules in Ohio Administrative Code (OAC) Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards. These rules establish requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources.Ohio EPA is considering potential amendments to OAC rules 3745- 21-01, 3745-21-09, 3745-21-10, 3745-21-26, 3745-21-28, and 3745-21-29.

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft rule 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 Wednesday, April 25, 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. 

January 5, 2018
  • Availability of Draft for Comment - OAC Chapter 3745-14, NOx Budget Program Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amended Ohio Administrative Code (OAC) Rules 3745-14-01, 3745-14-04, 3745-14-08. This is the second in two phases of rulemaking to revise OAC Chapter 3745-14. In the first phase (Phase 1), revisions were made to OAC Chapter 3745-14 to demonstrate continued compliance by large non-Electric Generating Units (non-EGUs) with the NOx State Implementation Plan (SIP) Call following U.S. EPA’s discontinuation of compliance trading options. During the comment period for the Phase 1 rulemaking, Ohio EPA received comments requesting an alternative to continuous monitoring and reporting of emissions under 40 CFR Part 75 (commonly referred to as Part 75 monitoring and reporting). In this second phase(Phase 2) of the rulemaking, provisions are being added for an alternative to the existing Part 75 monitoring and reporting requirements. In addition, Ohio EPA is also specifically seeking input on options for addressing blast furnace gas-fired non-EGUs, which have relatively low NOx emissions. 

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft rule 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 Wednesday, February 7, 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.

November 21, 2016
  • Extension of Comment Period - Startup, Shutdown or Malfunction and Scheduled Maintenance Rules

    Due to requests for additional time to prepare comments on the Startup, Shutdown or Malfunction and Scheduled Maintenance Rules, Ohio EPA is extending the comment period through December 14, 2016.  Please see the original information below, dated October 25, 2016, for information on the proposed changes and how to submit comments.

October 25, 2016
  • Availability of Draft for Comment - Startup, Shutdown or Malfunction and Scheduled Maintenance Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amended Ohio Administrative Code (OAC) Rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-17-07. Ohio’s startup, shut down or malfunction (SSM) and scheduled maintenance (SM) rules include regulations for identifying and reporting excess emissions during periods of startup, shut down or malfunction and how to how to handle scheduled maintenance of air pollution control equipment. The SSM and SM rules include portions of Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-17-07. Ohio EPA is performing this rulemaking in response to a U.S. EPA call for modifications to the rules on June 12, 2015 in 80 FR 33840. The amendments to these rules will be proposed to U.S. EPA as modifications to Ohio’s state implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS). 

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft rule 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 Monday, November 28, 2016. 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.

 

When the draft rule has completed the interested party review process, and Ohio EPA has made any additional changes based on comments received, the rules are filed with Joint Committee on Agency Rule Review (JCARR), the Secretary of State and the Legislative Service Commission (LSC). The JCARR is a legislative committee who reviews agency rules to determine if they are within the regulatory authority of the agency, if they do not conflict with any other rules of the agency or other agencies, and if the agency has completed the various paperwork required for proposing rule language (RSFA, BIA, IBR and others).
 

JCARR jurisdiction lasts 65 days. During the first 40 days of this time period, Ohio EPA will schedule and hold a public hearing on the rule and accept comments on the rule language. The following rules have been proposed to the JCARR. Please see the public notices linked to the announcements for hearing dates/times and how to submit comments:

 
 
May 21, 2018
  • Refiling of Amended Rules - OAC Chapter 3745-77, Title V Permit Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has refiled amended rules in Ohio Administrative Code (OAC) Chapter 3745-77, "Title V Permit Rules" to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter contain the requirements for the permitting of major sources of air pollution under Title V of the Clean Air Act.

    On December 21, 2017, Ohio EPA removed the rules in this chapter from the JCARR process to address comments received during the proposed rule comment period. Having addressed the comments, Ohio EPA is now returning the rules to the JCARR process. Please note, this is not a final filing of the rules. The rules will be adopted after an additional jurisdictional period by the JCARR and after a public hearing held by the JCARR.

    To view the refiled amended rules and for information on changes made based on comments and Ohio EPA's response to the comments, please see the proposed rule language, synopsis of changes, and response to comments document (Linked below).

March 22, 2018
  • Proposal of Amended Rules - OAC Chapter 3745-112 Consumer Products Rules
    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) chapter 3745-112, "Consumer Products Rules Program" to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter establish limits on the quantity of volatile organic compounds (VOCs) that may be contained in consumer products, such as paint, cleaning products and beauty products, that are sold, supplied, offered for sale or manufactured for sale in the state of Ohio. OAC Chapter 3745-112 has been submitted to U.S. EPA and has been accepted as part of Ohio’s State Implementation Plan (SIP) to attain and maintain the National Ambient Air Quality Standards (NAAQS). These rules are based on and similar to, rules promulgated by states involved with the Ozone Transport Commission (OTC), primarily Virginia, New York and Pennsylvania. No changes are being made to the rule language, only the supplemental information is being updated to correct a statutory reference.

    Ohio EPA will be holding a public hearing on the amended rules on Monday, April 30, 3018, at 10:30 a.m. at Ohio EPA Central office, Columbus, Ohio. Please see the public hearing notice, response to comments, proposed rule language and the synopsis of changes (Linked below) for information on the changes and how to submit comments/attend the hearing.

November 15, 2017
  • Proposal of Amended Rules - OAC Chapter 3745-77, Title V Permit Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has proposed amended and no-change rules in Ohio Administrative Code (OAC) Chapter 3745-77, "Title V Permit Rules" to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter contain the requirements for the permitting of major sources of air pollution under Title V of the Clean Air Act.

    Ohio EPA will be holding a public hearing on the proposed rules on Thursday, December 21, 2017 at 3:30 p.m. at Ohio EPA Central office, Columbus, Ohio. Please see the public hearing notice, proposed rule language and the synopsis of changes (Linked below) for information on the rules and how to submit comments/attend the hearing.

 

Effective Rules

Ohio EPA air pollution regulations are located in the Ohio Administrative Code (OAC) in Chapters 3745-14 to 3745-26, 3745-31, 3745-71 to 3745-80, 3745-100 to 3745-105, 3745-108, 3745-109, and 3745-112 to 3745-114. Additional chapters are added as needed to address new laws and requirements related to air pollution control. Individual rule chapters are presented below. Clicking on the chapter link below will take you directly to the information on that particular chapter, or page down to look at all chapters. For a PDF document of the complete Air Pollution Control Regulations, please click here.

Chapter Links

 

Questions? Email Paul Braun or call (614) 644-3734.

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