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 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.

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.

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The first step in the rule-making process is for Ohio EPA to identify that a rule needs to be amended, rescinded or created.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:

June 16, 2017
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-72, Low Reid Vapor Pressure Fuel Requirements
    Ohio EPA is requesting stakeholder input on the potential rescission of Ohio EPA's Low Reid Vapor Pressure Fuel Requirements rules. Ohio Administrative Code (OAC) Chapter 3745-72 establishes the low Reid vapor pressure (RVP) fuel requirements. These rules control emissions of VOCs to help the Cincinnati and Dayton areas in their attainment of the national ambient air quality standard (NAAQS) for ozone. VOCs are precursor compounds which, along with NOx, can form ozone. Ozone is one of the six criteria pollutants for which a NAAQS has been established under the Clean Air Act. Ohio EPA is considering rescinding all of the rules in OAC Chapter 3745-72. These rules are no longer necessary, as U.S. EPA approved the removal of the low RVP fuel requirements in the Cincinnati and Dayton areas on April 7, 2017.

    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, July 18, 2017.

May 30, 2017
  • Stakeholder Input Requested on Rules - Asbestos Program Transfer from Ohio Department of Health to Ohio EPA
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio EPA's "Asbestos Emission Control" program rules. Ohio EPA is anticipating the passage of Ohio’s Biennium Budget for Fiscal Year 2018-2019 by the 132nd Ohio General Assembly in the Summer of 2017. If enacted, this bill would transfer the Ohio Department of Health (ODH) Asbestos program to the Ohio Environmental Protection Agency (Ohio EPA) Asbestos program. This would allow the director of environmental protection to adopt the rules governing asbestos hazard abatement contractors, specialists, project designers, workers, training courses and other professionals currently existing and regulated by ODH in Ohio Administrative Code (OAC) Chapter 3701-34. This could also affect Ohio's asbestos emission control rules in OAC Chapter 3745-20.

    Prior to generating the 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, June 30, 2017.

March 24, 2017
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-112 Consumer Products Rules
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) chapter 3745-112, "Consumer Products Rules Program." The rules in this rulemaking 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.

    Prior to generating the 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, April 25, 2017.

December 21, 2016
  • Stakeholder Input Requested on Rules - OAC Chapters 3745-14 (NOx Budget Trading Program) and 3745-109 (Clean Air Interstate Rule)
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) chapter 3745-14, "NOx Budget Trading Program" and chapter 3745-109, “Clean Air Interstate Rule”.  OAC Chapter 3745-14 established Ohio’s NOx Budget Trading (NBT) Program to satisfy the federal NOx SIP Call.   OAC Chapter 3745-109 was promulgated to meet the requirements of the federal Clean Air Interstate Rule (CAIR).  Revisions to OAC Chapter 3745-14 are necessary to demonstrate continued compliance by large non-Electric Generating Units (non-EGUs) with the NOx State Implementation Plan (SIP) Call.  Rescission of OAC Chapter 3745-109 is proposed due to the promulgation of the federal Cross State Air Pollution Rule (CSAPR) Program which superseded the CAIR program. 

    Prior to generating the 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 Monday, January 23, 2017.

December 12, 2016
  • Stakeholder Input Requested on Rules - OAC 3745-76 Control of NMOCs from Existing Landfills
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) chapter 3745-76, "Control of NMOCs from Existing Landfills." The rules in OAC Chapter 3745-76 currently regulate emissions of non-methane organic compounds (NMOC) from landfills in operation on or before May 31, 1991 that have not been modified or expanded. Ohio EPA is considering changes to the rules in this chapter to bring the rules into compliance with changes to the federal NMOC rules in 40 CFR Part 60, Subpart Cf.

    Prior to generating the 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, January 13, 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.

May 7, 2015
  • Stakeholder Input Requested on Rule - OAC Chapter 3745-110
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-110-03. This rule is part of OAC Chapter 3745-110, which contains regulations for emissions of nitrogen oxides (NOx) from very large, large, mid-size and small boilers, stationary combustion turbines or stationary internal combustion engines as defined in OAC rule 3745-110-01, and boilers located at facilities that emit or have the potential to emit a total of more than 100 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.

    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. The Division of Air Pollution Control (DAPC) will be accepting comments on these potential changes through Tuesday, June 9, 2015.
June 27, 2014
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-77
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-77, Title V Permitting Program. 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.

    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. The Division of Air Pollution Control (DAPC) will be accepting comments on these potential changes through Wednesday, July 30, 2014.

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:

June 2, 2017
  • Availability of Draft for Comment - OAC Chapter 3745-103, Acid Rain Permits and Compliance Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and Compliance." This chapter 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 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 Tuesday, July 11, 2017. 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.

May 31, 2017
  • Availability of Draft for Comment - OAC Rule 3750-30-25, "Identification of Hazardous Chemical"
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is making available a draft for comment of amended Ohio Administrative Code (OAC) rule 3750-30-25. USEPA recently amended its hazardous chemical reporting regulations to conform to revisions in OSHA’s Hazard Communication Standard due to OSHA's adoption of the Global Harmonizing System (GHS) classification and labeling of chemicals. USEPA replaced the existing five hazard categories to two hazard categories as they listed and four hazards that were not specifically addressed (simple asphyxiant, combustible dust, pyrophoric gas and hazard not otherwise classified). Ohio EPA plans to amended OAC Rule 3750-30-25 to incorporate the amended federal language.

    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 and the SERC will be accepting comments on these documents through Friday, July 7, 2017. 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.

  • Availability of Draft for Comment - OAC Chapter 3745-19, Open Burning Program Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Standards." 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. Along with various minor changes for clarification and to fix typographical errors, Ohio EPA is considering the possibility of moving fires for recognized horticultural, silvicultural, and prairie managment purposes from permission required to notification required status.

    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, July 7, 2017. 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.

April 19, 2017
  • Availability of Draft for Comment - Various Chapters in OAC Section 3750, State Emergency Response Commission
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50. The rules in this action address various requirements related to the SERC, including the following:

    • OAC Rules 3750-1-(01, 02) – The rules in this chapter contain the basic definitions and purpose statement used by the SERC.
    • OAC Rule 3750-15-05 – This rule contains procedures the SERC will use for providing public notice of proposed rules.
    • OAC Rules 3750-25-(01, 05, 10, 15, 25) – The rules in this chapter contain the requirements for emergency release notification including procedures for determining if a facility is subject to notification requirements and designation of hazardous substances.
    • OAC Rules 3750-30-(01, 20) – These rules contain requirements for hazardous chemical reporting.
    • OAC Rules 3750-50-(03, 05, 10, 20) – The rules in this chapter address annual inventory filing fees and various funds utilized by the SERC.
    • OAC Rules 3750-1-02 and 3750-50-05 – These rules are recommended for no change. The current version of these rules can be found here.

    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 and the SERC will be accepting comments on these documents through Tuesday, May 23, 2017. 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 24, 2017
  • Availability of Draft for Comment - OAC Chapter 3745-20, Asbestos Emission Control Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos Emission Control." This chapter includes standards for notification of demolition and renovation activities, standards for asbestos waste handling, standards for both active and inactive waste disposal sites, and other standards for asbestos manufacturing and asbestos containing materials. These rules are patterned after the federal asbestos NESHAPS rules in 40 CFR Part 61, Subpart M.

    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, February 24, 2017. 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:

June 1, 2017
  • Proposal of Amended Rules - OAC Chapter 3745-17,  Particulate Matter Standards
    The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-17 to the Joint Committee on Agency Rule Review (JCARR). OAC Chapter 3745-17 establishes 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. Amendments made to this chapter will be submitted to U.S. EPA as an amendment to Ohio's SIP.

    Ohio EPA will be holding a public hearing on the amended rules on Tuesday, July 11, 2017, 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.

May 26, 2017
  • Proposed Rescission of Rules - OAC Chapters 3745-75 and 3745-105

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has proposed the rescission of the rules in Ohio Administrative Code (OAC) Chapters 3745-75 and 3745-105 to the Joint Committee on Agency Rule Review (JCARR). The rules in these chapters contain the requirements for operating either an Infectious Waste Incinerator (OAC chapter 3745-75) or a Pathological Waste Incinerator (OAC Chapter 3745-105) in the State of Ohio. Infectious and pathological wastes include items such as hospital wastes and animal wastes that were likely to have been in contact with infectious agents. Ohio EPA plans to rescind all of the rules in both chapters.

    Ohio EPA will be holding a public hearing on the proposed rescission of these rules on Friday, June 30, 2017 at 10:30 AM 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.

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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