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The first step in the rule-making process is for Ohio EPA to identify that a rule needs to be amended, rescinded or created.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 22, 2016
  • Stakeholder Input Requested on Rules - Startup, Shutdown or Malfunction and Scheduled Maintenance Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-77-07. 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). 

    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 Thursday. July 28, 2016.

May 31, 2016
  • Stakeholder Input Requested on Rules - Various Chapters in OAC Chapter 3750, State Emergency Response Commission Program Rules
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50. The rules in this rulemaking contain various portions of the state emergency response commission (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 contain requirements the 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 fund utilized by the SERC.

    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 Friday, July 1, 2016.

October 29, 2015
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-103, Acid Rain Permits and Compliance Rules
    Ohio EPA is requesting stakeholder input on potential amendments to 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. 

    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 Tuesday, December 1, 2015.

October 21, 2015
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-20, Asbestos Emission Control Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos Emission Control Rules." 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 paterened after the federal asbestos NESHAPS rules in 40 CFR Part 61, Subpart M.  

    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 Monday, November 23, 2015.

July 16, 2015
  • Stakeholder Input Requested on Rules - OAC Chapters 3745-26-01 and 3745-26-12

    Ohio EPA is requesting stakeholder input on potential amendments to Ohio’s Automobile Inspection and Maintenance (I/M) program (also known as E-Check) in Ohio Administrative Code (OAC) Chapter 3745-26. The program currently tests cars in seven counties in Northeast Ohio (Cuyahoga, Geauga, Lake, Lorain, Medina, Summit, and Portage). These rules fulfill a requirement in the Clean Air Act and are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standard for ozone in the Cleveland/Akron/Lorain Metropolitan area.

    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 Tuesday, Aug. 18, 2015.

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.
Sept. 20, 2013
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-75 and 3745-105
    Ohio EPA is requesting stakeholder input on potential rule amendments to the rules in Ohio Administrative Code (OAC) Chapters 3745-75 and 3745-105. The rules 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.  

    Prior to generating the rule language, Ohio EPA is asking for input/suggestions on this rule 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 Monday, Oct. 21, 2013.

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:

July 26, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-79, Small Business Technical Assistance Rules

    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) Chapter 3745-79, "Small business technical assistance rules." The rules in this chapter fulfill a mandate of Section 507 of the Clean Air Act for states to establish a small business assistance program. The program created by these rules and ORC 3704.18 helps small businesses understand and comply with air pollution regulations. In Ohio, the functions of this program are performed by the Office of Compliance Assistance and Pollution Prevention (OCAPP), located within Ohio EPA’s Division of Environmental and Financial Assistance.

    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, August 26, 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.

July 22, 2016
July 13, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-100, Toxic Chemical Release Reporting Rules

    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) Chapter 3745-100, "Toxic Chemical Release Reporting." This chapter codifies the requirements of Section 3751.02 of the Ohio Revised Code (ORC). This is the state equivalent of the Code of Federal Regulations (CFR) title 40 Chapter 1 Subchapter J Part 372 as authorized by Section 313 of the federal Superfund Amendments and Reauthorization Act, (SARA), also known as the Emergency Planning and Community Right to Know Act, (EPCRA). Section 313 of EPCRA requires facilities which manufacture, process, or otherwise use listed toxic chemicals to annually summarize and report their toxic chemical usages and environmental releases and waste management activities. This is known as Toxic Release Inventory (TRI), Section 313 Reporting.

    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 Monday, August 15, 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.

June 15, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-71, Lead Emissions

    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-71, "Lead Emissions." This chapter includes standards for ascertaining, defining and measuring ambient air quality for lead particulates.

    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 Monday, July 18, 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.

June 7, 2016
  • Availability of Draft for Comment - OAC Chapter 3745-17,  Particulate Matter Standards
    Ohio EPA is making available a draft for comment of amended rules in Ohio Administrative Code (OAC) chapter 3745-17, "Particulate Matter Standards." 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.

    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 8, 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:

August 17, 2016
  • Proposal of New and Amended Rules - OAC Chapter 3745-24, NOx and VOC Emission Statements Rules
    The Division of Air Pollution Control (DAPC) has proposed new and amended rules in Ohio Administrative Code (OAC) Chapter 3745-24 to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter contain the requirements for annual emission reporting of total nitrogen oxides and volatile organic compounds emissions if they are greater than 25 tons per year by all facilities.

    Ohio EPA will be holding a public hearing on the amended rules on Friday, September 23, 2016, 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.

  • Proposal of Amended Rules - OAC Chapter 3745-78, Air Pollution Control Fees
    The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-78 to the Joint Committee on Agency Rule Review (JCARR). The rules in this chapter contain the requirements for annual fee emission reports that quantify the actual emission data for particulate matter, sulfur dioxide, organic compounds, nitrogen oxides, and lead for facilities.

    Ohio EPA will be holding a public hearing on the amended rules on Friday, September 23, 2016, 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.

July 11, 2016
  • Proposal of New and Amended Rules - OAC Rule 3750-10-08 and 3750-30-27 - SERC Administrative Rules
    The Division of Air Pollution Control (DAPC) on behalf of the State Environmental Response Commission (SERC) has proposed new Ohio Administrative Code (OAC) rule 3750-10-08 and amended OAC rule 3750-30-27 to the Joint Committee on Agency Rule Review (JCARR). The new rule, OAC 3750-10-08, establishes a mechanism for local emergency planning committees to get a facility designated to their local plan. The amended rule (OAC 3750-30-27) establishes threshold quantities for hazardous chemical reporting.

    Ohio EPA will be holding a public hearing on the amended rules on Friday, August 19, 2016, 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.

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