What's New and Updates

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June 12, 2018
  • Availability of Draft Redesignation Request and Maintenance Plan for the Cleveland 2012 Annual PM2.5 Nonattainment Area
    Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Cleveland 2012 Annual PM2.5 Nonattainment Area. Air quality monitoring data collected between 2015 and 2017 in the nonattainment area demonstrates attainment of the NAAQS and there is evidence that the improved air quality is due to permanent, enforceable emission reductions. In addition, existing requirements are sufficient to maintain the 2012 Annual PM2.5 standard in this area at least ten years into the future. Due to this evidence DAPC will be asking U.S. EPA to redesignate the Cleveland, OH area as attainment for the 2012 Annual PM2.5 standard and approve Ohio's maintenance plan.

    Ohio EPA will be providing a public comment period on the draft plan through July 17, 2018. A public hearing on this action may be requested by contacting Holly Kaloz at (614) 644-3632 or holly.kaloz@epa.ohio.gov no later than July 17, 2018. If a public hearing is requested, a new notification will be published to identify the time and location of the public hearing. The public hearing will be held at least 30 days after the date of the new notification. For information on how to submit comments or request a hearing please refer to the public notice.

  • Availability of Ohio's 2016 Annual Air Monitoring Report
    Ohio EPA has published Ohio's 2016 Annual Air Monitoring Report.  Ohio EPA operates an extensive network of air monitoring stations throughout the state.  Ohio EPA submits all ambient air quality data to the national Air Quality System (AQS) database that is administered by the U.S. Environmental Protection Agency (U.S. EPA).  Real time data is sent to AIRNOW, which reports all U.S. sites. Ohio's AirOhio website provides air quality information and allows users to point and click on a map of the state to find current air quality data from Ohio’s continuous air monitoring network. U.S. EPA also makes historical AQS data for all U.S. sites available on their Outdoor Air Quality Data webpage.

    Annually, Ohio EPA generates an air monitoring report. This report presents summaries from Ohio EPA's extensive air monitoring network including measurements of the National Ambient Air Quality Standards (NAAQS) and toxic air pollutants during the calendar year.  The report for 2016, and several previous year’s reports can be found on  Ohio EPA's Air Monitoring webpage. The reports are found under the "Quality Assurance, Data and Reports" tab by clicking the "Reports" accordian.

June 6, 2018
  • Availability of Draft for Comment - OAC Rule 3745-25-02, Ambient Air Quality Standards
    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 3745-25-02, "Ambient Air Quality Standards." 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.

    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, July 11, 2018. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language for information on the proposed changes and how to submit comments.

June 5, 2018
  • Availability of Finalized Designations for the 2015 Ozone Standard

    On June 4, 2018, U.S. EPA finalized designations for the 2015 ozone standard, which will become effective August 3, 2018 (83 FR 25776).  Counties in the Cincinnati, Cleveland and Columbus areas in Ohio were designated as marginal nonattainment in agreement with Ohio’s recommended designations.  The remainder of the state was designated Attainment/Unclassifiable.

June 4, 2018
  • Adoption of Amended Rule Language - OAC Rules 3745-112-02 and 3745-112-08, Consumer Products Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-112, "Consumer Products Rules."  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

    The amended rules will be effective as of Thursday, June 14, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 16, 2017, a proposal comment period which ended April 30, 2018, and a public hearing held on April 30, 2018 in Columbus, Ohio.

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.

May 9, 2018
  • Availability of Draft for comment - Ohio’s 2018 Annual Sulfur Dioxide (SO2) Emissions Review
    May 9, 2018: Ohio EPA is providing for public comment a draft of Ohio’s 2018 Annual Sulfur Dioxide (SO2) Emissions Review. The August 21, 2015 Data Requirements Rule for the 2010 SO2 standard [80 FR 51052] established ongoing data review requirements including, for areas where modeling of actual SO2 emissions served as the basis for an unclassifiable/attainment designation, an annual review of emissions data and submittal of a report recommending whether updated modeling is necessary due to emissions increases. The annual emissions review is due to U.S. EPA Region 5 by July 1, annually, beginning the calendar year after the effective date of designation.

    Ohio EPA will be providing a public comment period on the draft plan through June 14, 2018. A public hearing on this action may be requested by contacting Holly Kaloz at (614)644-3632 or holly.kaloz@epa.ohio.gov no later than June 14, 2018. If a public hearing is requested, a new notification will be published to identify the time and location of the public hearing. The public hearing will be held at least 30 days after the date of the new notification. For information on how to submit comments or request a hearing please refer to the public notice.

April 27, 2018
  • Availability of New and Updated Open Burning Forms for Use

    On April 16, 2018, Ohio EPA adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Standards." Among the amendments was the movement of fires for recognized horticultural, silvicultural (forestry), range management, prairie and grassland management, invasive species management, or wildlife management practices for "permission required" to "notification required" status. To reflect this change, Ohio EPA has updated the existing "notification" and "permission request" forms and generated a new notification form specifically for fires for recognized horticultural, silvicultural (forestry), range management, prairie and grassland management, invasive species management, or wildlife management practices which reflects the new requirements in OAC rule 3745-19-03(C)(4) and OAC rule 3745-19-04(D)(2). The new notification form should be used when providing Ohio EPA with notification for these types of fires. The forms are all available in both Word ".DOC" format and Adobe "PDF" format on Ohio EPA's "Open Burning" webpage.

    The Amended rules will be effective as of Monday, April 30, 2018. The new and modified forms should be used for fires performed after that date. For more information, including where to submit completed forms or if you have questions regarding your planned fire, please see the "Frequently Asked Question" section on Ohio EPA's Open Burning webpage.

April 26, 2018
  • Availability of Draft for Comment - New OAC Rule 3750-90-01, "Applying for Access to Information"

    On behalf of the director of the State Emergency Response Commission (SERC), the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of new Ohio Administrative Code (OAC) Rule 3750-90-01, "Applying for Access to Information." The new rule will establish the framework for requesting from either the SERC or Local Emergency Planning Committees (LEPCs) information submitted under Ohio Revised Code (ORC) Chapter 3750, Emergency Planning. The rule will mirror the public information language found in ORC 3750.02(B)(2)(c).

    DAPC is requesting comments on the draft rule and the draft business impact analysis (BIA) before DAPC and the SERC propose the rule to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Wednesday, May 30, 2018. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language for information on the proposed changes and how to submit comments.

April 16, 2018
  • Adoption of Amended Rule Language - OAC Chapter 3745-19, Open Burning Program Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Program Rules." 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 moving fires for recognized horticultural, silvicultural, and prairie management purposes from permission required to notification required status.

    The amended rules will be effective as of Monday, April 30, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended July 7, 2017, a proposal comment period which ended January 9, 2018, and a public hearing held on January 9, 2018 in Columbus, Ohio.

March 29, 2018
  • Adoption of Amended Rule Language - OAC Chapter 3745-20, Asbestos Emission Control Rules

    Ohio EPA has adopted amended rules in 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 patterned after the federal asbestos NESHAPS rules in 40 CFR Part 61, Subpart M..

    The amended rules will be effective as of Sunday, April 8, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended February 24, 2017, a proposal comment period which ended January 8, 2018, and a public hearing held on January 8, 2018 in Columbus, Ohio.

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.

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, 3745-21-25, 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 for information on the proposed changes and how to submit comments. 

March 12, 2018
  • U.S. EPA’s Withdrawal of the “Once In, Always In” MACT Policy
    U.S. EPA recently issued some new guidance that changes U.S. EPA's 1995 Once In, Always In Maximum Achievable Control Technology (MACT) policy. This change could affect facilities that must comply with a major source MACT standard. To help you understand the ramifications of the change in U.S. EPA's policy, Ohio EPA, Division of Air Pollution Control (DAPC) has developed this fact sheet.

    If you have any questions about this fact sheet, please contact Briana Mastriana, DAPC MACT Coordinator, at briana.mastriana@epa.ohio.gov or (614) 644-3698.

    Additional MACT information can be found at the following webpage: epa.ohio.gov/dapc/mact/mactmain.aspx.

February 15, 2018
  • Availability of Guidance - Hot-Mix Asphalt Modeling
    The Division of Air Pollution Control has finalized new guidance for new or modifying hot-mix asphalt plants seeking to utilize No. 4 fuel oil, No. 6 fuel oil, and/or on-spec used oil as a fuel source, and/or seeking to utilize slag aggregate as part of their raw material mix. These plants will now be required to demonstrate via dispersion modeling that the 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS) is not threatened via a three-step methodology. Details on this methodology can be found here.

February 8, 2018
  • Availability of Draft Supplement to Ohio’s Infrastructure SIP for the 2008 Ozone Standard to Address Interstate Transport
    Ohio EPA is providing for public comment a draft Supplement to Ohio’s Infrastructure SIP for the 2008 Ozone Standard to Address Interstate Transport. The draft Supplement addresses the requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(I), also known as the good neighbor provision (or interstate transport prongs one and two), which requires Ohio to demonstrate that emissions from sources in Ohio do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state.

    Ohio EPA will be providing a public comment period on the supplement through March 15, 2018. A public hearing on this action may be requested by contacting Holly Kaloz at (614) 644-3632 or holly.kaloz@epa.ohio.gov no later than March 15, 2018. If a public hearing is requested, a new notification will be published to identify the time and location of the public hearing. The public hearing will be held at least 30 days after the date of the new notification. For information on how to submit comments or request a hearing please refer to the public notice.

February 1, 2018
  • Availability of Draft Redesignation Request and Maintenance Plan for the Muskingum River, OH Sulfur Dioxide Nonattainment Area
    Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Muskingum River, OH SO2 Nonattainment Area. Air quality monitoring data collected between 2015 and 2017 in the area demonstrate attainment of the NAAQS and there is evidence that the improved air quality is due to permanent, enforceable emission reductions. In addition, existing requirements are sufficient to maintain the 2010 1-hour SO2 standard in this area at least ten years into the future. Due to this evidence DAPC will be asking U.S. EPA to redesignate the Muskingum River, OH area as attainment for the 2010 1-hour SO2 standard and approve Ohio's maintenance plan.

    Ohio EPA will be providing a public comment period on the draft plan through March 7, 2018. A public hearing on this action may be requested by contacting Holly Kaloz at (614) 644-3632 or holly.kaloz@epa.ohio.gov no later than March 7, 2018. If a public hearing is requested, a new notification will be published to identify the time and location of the public hearing. The public hearing will be held at least 30 days after the date of the new notification. For information on how to submit comments or request a hearing please refer to the public notice.

January 19, 2018
  • Adoption of Amended and Rescinded Rule Language - OAC Chapters 3745-14 (NOx Budget Trading Program) and 3745-109 (Clean Air Interstate Rule)

    Ohio EPA has adopted amended and rescinded rules in Ohio Administrative Code (OAC) Chapter 3745-14, "NOx Budget Trading Program" and rescinded all of the rules in OAC 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.

    The amended rules and rule rescissions will be effective as of Monday, January 29, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended July 8, 2016 (Response to Comments), a proposal comment period which ended July 11, 2017 (Response to Comments), and a public hearing held on July 11, 2017 in Columbus, Ohio.

January 10, 2018
  • Adoption of Amended Rule Language - OAC Chapter 3745-17, Particulate Matter Standards

    Ohio EPA has adopted 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 new rules will be effective as of Saturday, January 20, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended July 8, 2016, a proposal comment period which ended July 11, 2017, and a public hearing held on July 11, 2017 in Columbus, Ohio.

  • Rescission of Rule Language - OAC Chapter 3745-72, Low Reid Vapor Pressure Fuel Requirements

    Ohio EPA has rescinded rules in Ohio Administrative Code (OAC) Chapter 3745- 72, "Low Reid Vapor Pressure Fuel Requirements." This chapter formerly established low Reid vapor pressure (RVP) fuel requirements for the Cincinnati and Dayton areas. These rules controlled emissions of volatile organic compounds (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. These rules are being rescinded as they are no longer necessary. U.S. EPA approved the removal of the low RVP fuel requirements in the Cincinnati and Dayton areas on April 7, 2017 (82 FR 16932).

    The rule rescission will be effective as of Saturday, January 20, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended September 6, 2017, a proposal comment period which ended December 7, 2017, and a public hearing held on December 7, 2017 in Columbus, Ohio.

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 for information on the proposed changes and how to submit comments.

January 4, 2018
  • Adoption of Amended Rule - OAC Rule 3750-30-25, "Identification of Hazardous Chemicals"
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA has adopted amended rule language in Ohio Administrative Code (OAC) rule 3750-30-25, "Identification of Hazardous Chemicals." 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 amended OAC Rule 3750-30-25 to incorporate the amended federal language.

    The amended (New/Rescinded) rule will be effective as of Monday, January 15, 2018 (see Public Notice of Adoption). The rule is being adopted after a draft comment period which ended July 7, 2017, a proposal comment period which ended November 2, 2017, and a public hearing held on November 2, 2017 in Columbus, Ohio.

     

December 20, 2017
  • Adoption of Amended Rule Language - OAC Chapter 3745-22, Asbestos Hazard Abatement Contractors, Specialists & Other Professionals

    Ohio EPA has adopted new rules in Ohio Administrative Code (OAC) Chapter 3745- 22, "Asbestos Hazard Abatement Contractors, Specialists & Other Professionals Rules." House Bill 49 of the 132nd General Assembly reassigned authority for asbestos related occupational licensure from the Ohio Department of Health (ODH) to the Ohio Environmental Protection Agency effective January 1, 2018. As a result of the reassignment of authority, OEPA is promulgating new rules in OAC Chapter 3745-22. These rules govern the licensing of asbestos hazard abatement contractors, specialists, project designers, workers, training courses and their providers and other professionals. The asbestos hazard abatement rules ensure the public receives safe and proper asbestos abatement, detection and analytical services by requiring those services be provided by trained and licensed personnel as required by section 3710. of the Ohio Revised Code. These rules replace the rules in OAC Chapter 3701-34,formerly administered by the ODH.

    The new rules will be effective as of Monday, January 1, 2018 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended September 25, 2017, a proposal comment period which ended November 16, 2017, and a public hearing held on November 16, 2017 in Columbus, Ohio.

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 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 new rule through Friday, January 12, 2018.

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 for information on the rules and how to submit comments/attend the hearing.


  • Exceptional Event Demonstration Submitted to U.S. EPA
    The Ohio Environmental Protection Agency (Ohio EPA) has submitted to U.S. EPA an Exceptional Event demonstration showing that the plume from the Canadian wildfire which took place in May 2016 near Fort McMurray, Alberta adversely affected ozone and PM2.5 data in a regulatory significant way at several monitors in Ohio such that the data from May 24-25, 2016 should be excluded from regulatory determinations. The Exceptional Events rule applies to data showing an exceedance of a standard which may affect regulatory determinations regarding attainment designation status or other actions by the Administrator. Exclusion of the May 24-25, 2016 data may impact designations for the 2015 ozone standard or have regulatory significance for other actions by the Administrator, including future clean data determinations, redesignations, violations of the 2008 ozone standard, triggers of contingency measures under the 2008 ozone NAAQS, violations the 2015 ozone NAAQS, or violations of the PM2.5 NAAQS.

November 8, 2017
  • Adoption of Amended Rules - Various Chapters in OAC Section 3750, State Emergency Response Commission
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50 to the Joint Committee on Agency Rule Review (JCARR). The rules in this rulemaking contain various portions of the SERC including the following:

    • OAC Rule 3750-1-01 – 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.
    The amended rules will be effective as of Saturday, November 18, 2017 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 19, 2017, a proposal comment period which ended September 6, 2017, and a public hearing held on September 6, 2017 in Columbus, Ohio.

     

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.

October 10, 2017
  • Adoption of Amended Rule Language - OAC Chapter 3745-103, Acid Rain Permits and Compliance Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745- 103, "Acid Rain Permits and Compliance Rules." This chapter contains the requirements pertaining to the Title IV, Acid Rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units.

    The amended rules will be effective as of Friday, October 20, 2017 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended July 11, 2017, a proposal comment period which ended September 2, 2017, and a public hearing held on September 7, 2017 in Columbus, Ohio.

September 26, 2017
  • Engineering Guide #90

    The Division of Air Pollution Control has finalized a new engineering guide that provides law enforcement agencies guidance on the air pollution control requirements related to managing citizen-generated pharmaceutical waste collected at events or drop-off locations and seized contraband. This guide is identified as Engineering Guide #90. A copy of the guide can be found here.

August 24, 2017
  • Availability of Draft for Comment– Draft May 2016 Canadian Wildfire Ozone and PM2.5 Exceptional Event Demonstration

    The Ohio Environmental Protection Agency (Ohio EPA) is soliciting comments regarding Ohio’s revised Exceptional Event demonstration showing that the plume from the Canadian wildfire which took place in May 2016 near Fort McMurray, Alberta adversely affected ozone and PM2.5 data in a regulatory significant way at several monitors in Ohio such that the data from May 24-25, 2016 should be excluded from regulatory determinations. The Exceptional Events rule applies to data showing an exceedance of a standard which may affect regulatory determinations regarding attainment designation status or other actions by the Administrator. Exclusion of the May 24-25, 2016 data may impact designations for the 2015 ozone standard or have regulatory significance for other actions by the Administrator, including future clean data determinations, redesignations, violations of the 2008 ozone standard, triggers of contingency measures under the 2008 ozone NAAQS, violations the 2015 ozone NAAQS, or violations of the PM2.5 NAAQS.

     

    Ohio EPA will be accepting comments on the draft Exceptional Events demonstration through Wednesday, September 27, 2017. Please see the public notice for information on how to submit comments.

July 31, 2017
  • Rescission of Rule Language - OAC Chapters 3745-75 and 3745-105

    Ohio EPA has rescinded all of the rules in Ohio Administrative Code (OAC) Chapters 3745-75 and 3745-105. The rules in these chapters contained 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. These incinerators will now be regulated under federal requirements.

    The rescission of these rules will be effective as of Thursday, August 10, 2017 (see Public Notice of Adoption). The rules are being rescinded after a draft comment period which ended March 9, 2017, a proposal comment period which ended June 30, 2017, and a public hearing held on June 30, 2017 at Ohio EPA central office in Columbus, Ohio.

July 25, 2017
  • Availability of Draft for Comment - OAC Chapter 3745-77, Title V Permit 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 3745-77, "Title V Permit Rules." 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.

    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, August 29, 2017. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language for information on the proposed changes and how to submit comments.

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 30, 2017
  • Ohio’s 2017 Annual Sulfur Dioxide (SO2) Emissions Review Submitted to U.S. EPA
    Ohio EPA has submitted Ohio’s 2017 Annual Sulfur Dioxide Emissions Review to U.S. EPA. On August 21, 2015, U.S. EPA finalized the Data Requirements Rule for the 2010 SO2 standard [80 FR 51052]. This rule established ongoing data review requirements including, for areas where modeling of actual SO2 emissions served as the basis for an unclassifiable/attainment designation, an annual review of emissions data and submittal of a report recommending whether updated modeling is necessary due to emissions increases. The annual emissions review is due to U.S. EPA Region 5 by July 1, annually, beginning the calendar year after the effective date of designation. Ohio EPA’s review of emissions data reported through 2016 indicates that updated modeling is not necessary.

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 27, 2017
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards
    Ohio EPA is requesting stakeholder input on the potential 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. Additional information is available in the Stakeholder Input Request document.

    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, July 28, 2017.

June 13, 2017
  • Adoption of Amended Rule Language - OAC Rules 3745-26-01 and 3745-26-12, Motor Vehicle Inspection and Maintenance (I/M) Program

    Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745- 26-01 and 3745-26-12. OAC rules 3745-26-01 and 3745-26-12 regulate emissions from vehicles as part of Ohio's motor vehicle inspection and maintenance program. The changes to these two rules permanently exempt four (4) types of vehicles from the automotive inspection and maintenance (I/M) Program (vehicle emissions testing). These vehicles are referred to as unconventional vehicles and are utility vehicles, low-speed vehicles, under-speed vehicles and mini-trucks.

    The amended rules will be effective as of Friday, June 23, 2017 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended February 9, 2017, a proposal comment period which ended May 4, 2017, and a public hearing held on May 4, 2017 at Ohio EPA Northeast District office in Twinsburg, Ohio.

June 9, 2017
  • Availability of Draft for Comment – Draft 2017-2018 Ohio EPA Annual Air Monitoring Network Plan
    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of the 2017-2018 Annual Air Monitoring Network Plan. The Ohio Environmental Protection Agency, DAPC has reviewed the changes to the air monitoring network in Ohio, in accordance with U.S. EPA air monitoring requirements (40 CFR 58.10). As required by 40 CFR Part 58, U.S. EPA requires states to submit an annual air quality network plan for review to U.S. EPA. As part of these requirements, Ohio EPA must also issue a draft of the plan for public comment.

    Ohio EPA has issued a draft of the annual network plan that identifies the U.S. EPA monitoring requirements and any planned changes to the Ohio air quality network. The draft network plan is available for review on Ohio EPA’s Air Monitoring website. The Division of Air Pollution Control (DAPC) is requesting comments on the draft plan and will be accepting comments on these documents through Tuesday, July 11, 2017. Please see the public notice 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 draft changes presented for Ohio's "Startup, Shutdown or Malfunction and Scheduled Maintenance Rules," Ohio EPA is extending the comment period through December 14, 2016.  Please see the original information on Ohio EPA's Air Pollution Control regulations webpage, 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 for information on the proposed changes and how to submit comments.

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 3745-17-07. 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).

    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.

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, nitrogen 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 carbon dioxide 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.