What's New and Updates

Adobe Acrobat Reader is required to view the [PDF] publications. If you do not have Adobe Acrobat Reader, click here to download it for free.

October 12, 2017
  • Proposal of Amended Rules - OAC Chapter 3745-22, Asbestos Hazard Abatement Contractors, Specialists & Other Professionals
    The Division of Air Pollution Control (DAPC) has proposed new rules in Ohio Administrative Code (OAC) Chapter 3745-22 to the Joint Committee on Agency Rule Review (JCARR). 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 will replace the existing rules in OAC Chapter 3701-34, currently administered by the ODH.

    Ohio EPA will be holding a public hearing on the amended rules on Thursday, November 16, 2017 at 3:00 p.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 for information on the changes and how to submit comments/attend the hearing.

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 27, 2017
  • Proposal of Amended Rules - OAC Rule 3750-30-25, "Identification of Hazardous Chemicals"
    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA has proposed amended Ohio Administrative Code (OAC) rule 3750-30-25, "Identification of Hazardous Chemicals" to the Joint Committee on Agency Rule Review (JCARR). 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 amend OAC Rule 3750-30-25 to incorporate the amended federal language.

    Ohio EPA will be holding a public hearing on the amended rules on Thursday, November 2, 2017 at 10:30 AM 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 changes and how to submit comments/attend the hearing.

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 31, 2017
  • Availability of Draft for Comment - OAC Chapter 3745-22, Asbestos Hazard Abatement Contractors, Specialists & Other Professionals

    The Ohio Environmental Protection Agency (OEPA), Division of Air Pollution Control (DAPC) is making available a draft for comment of new rules in Ohio Administrative Code (OAC) Chapter 3745-22, "Asbestos Hazard Abatement Contractors, Specialists & Other Professionals." 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 will replace the existing rules in OAC Chapter 3701-34, currently administered by the ODH.

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft amended rules and draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Friday, September 22, 2017. Please see the draft rule language, public notice, draft business impact analysis, and synopsis of changes for information on the proposed new rule language and how to submit comments.

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.

August 4, 2017
  • Availability of Draft for Comment - OAC Chapters 3745-14 (NOx Budget Trading Program) and 3745-109 (Clean Air Interstate Rule)

    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 3745-14, "NOx Budget Trading Program" and chapter 3745-109, “Clean Air Interstate Rule." OAC Chapter 3745-14 establishes 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 Division of Air Pollution Control (DAPC) is requesting comments on the draft amended rules and draft business impact analysis (BIA) and the intended rescission of rules before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Friday, September 8, 2017. Please see the amended rule language, public notice, draft business impact analysis, and synopsis of changes for information on the proposed changes and how to submit comments.

August 2, 2017
  • Availability of Draft BIA Document for Comment - OAC Chapter 3745-72, Low Reid Vapor Pressure Fuel Requirements

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is intending to rescind the rules in Ohio Administrative Code (OAC) Chapter 3745-72, "Low Reid Vapor Pressure Fuel Requirements." This chapter establishes the low Reid vapor pressure (RVP) fuel requirements. These rules control 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. 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.

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft business impact analysis (BIA) and the intended rescission of these rules before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Wednesday, September 6, 2017. Please see the public notice, draft business impact analysis, and synopsis of changes for information on the proposed changes and how to submit comments.

August 1, 2017
  • Proposal 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 proposed 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 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.

    Ohio EPA will be holding a public hearing on the amended rules on Wednesday, September 6, 2017 at 10:30 AM 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 changes and how to submit comments/attend the hearing.

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.

July 13, 2017
  • Availability of Draft for Comment - OAC Chapter 3745-112 Consumer Products Rules
    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has completed a review of Ohio Administrative Code (OAC) chapter 3745-112, "Consumer Products Rules Program" to fulfill the requirements of Ohio Revised Code 106.03 (5-year review). 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. Upon the completion of our review, Ohio EPA has determined that these rules remain necessary but are not in need of amendment.

    The Division of Air Pollution Control (DAPC) is requesting comments on the 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 Wednesday, August 16, 2017. Please see the public notice and draft business impact analysis for information on the rules and how to submit comments.

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 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.

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.

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

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

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.

May 16, 2017
  • Engineering Guides

    • Engineering Guide #70 - Air Toxics Analysis – has been updated.
    • Engineering Guide #74 – Condensable and non-condensable particulate matter – has been issued.
    • Engineering Guide #83 - Emission Testing Production Rates for Asphalt Plants – has been issued.

    Any questions regarding the final, senior management-approved language in these guides should be directed to Michael Hopkins, Assistant Chief, Permitting, DAPC.


    Please click here for more details.

April 21, 2017
  • Availability of Draft for Comment – Ohio’s 2017 Annual Sulfur Dioxide (SO2) Emissions Review
    Ohio EPA is providing for public comment a draft 2017 Annual Sulfur Dioxide Emissions Review. On August 21, 2015, the United States Environmental Protection Agency (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 is now soliciting comments on the draft annual SO2 emissions review for 2017. Preliminary results based on a review of emissions data reported through 2016 indicate that updated modeling is not necessary. The comments received will be used to formulate the State’s formal recommendation to U.S. EPA.


    Ohio EPA will be accepting comments on the draft 2017 Annual Sulfur Dioxide Emissions Review through Friday, May 26, 2017. Please see the public notice  for information on 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) Section 3750. 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.

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

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.

March 10, 2017
  • Adoption of Amended Rule Language - OAC Rule 3745-31-01, PTI and PTIO Program Rules

    Ohio EPA has adopted amended Ohio Administrative Code (OAC) rule 3745- 31-01. The rule contains definitions utilized in Ohio's "Permit-to-Install (PTI) New Sources and Permit-to-Install and Operate (PTIO)" Program rules. On August 24, 2016, USEPA published their final rule in 81 FR 58010 regarding the requirements for state implementation plans (SIP) for attaining and maintaining the 2012 national ambient air quality standard (NAAQS) for particulate matter less than 2.5 microns in diameter (PM2.5). As part of Ohio's SIP, Ohio EPA has performed a comprehensive precursor demonstration to show that volatile organic compounds (VOC) and ammonia are an insignificant source of PM2.5 for the purpose of new source review in nonattainment areas. The amendments in this rulemaking are intended to modify OAC rule 3745-31-01 to reflect this finding.

    The amended rules will be effective as of Monday, March 20, 2017 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended December 2, 2016, a proposal comment period which ended February 10, 2017, and a public hearing held on Februry 10, 2017, at Ohio EPA central office in Columbus, Ohio.

March 6, 2017
  • Availability of Draft Redesignation Request and Maintenance Plan for the Partial Fulton County, OH Lead Nonattainment Area

    Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Partial Fulton County, OH Lead Nonattainment Area.  Air quality monitoring data collected between 2013 and 2015 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 2008 lead 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 Partial Fulton County, OH area as attainment for the 2008 lead standard and approve Ohio's maintenance plan.

    Ohio EPA will be holding a public hearing on Monday, April 10, 2017 at 3:00 PM at Wauseon City Council Chambers located at 230 Clinton St., Wauseon, OH 43567 and requesting comments by April 10, 2017 on Ohio's draft proposal. For information on how to submit comments or attend the hearing please refer to the public notice.

March 1, 2017
  • General Permits for Compressor Stations Issued Final

    The Division of Air Pollution Control (DAPC) has issued 22 final general permits (GPs) for multiple types of equipment typically found at natural gas mid-stream compressor stations. These general permits are now available to be used for qualifying projects. More details concerning these GPs can be found here.

February 6, 2017
  • Adoption of Amended Rule Language - OAC Chapter 3745-18, Sulfur Dioxide Regulations

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-18, "Sulfur Dioxide Regulations." The rules in this chapter contain the requirements for the prevention of emissions of sulfur dioxide into the atmosphere from fuel burning and process equipment. The rules are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act.

    The amended rules will be effective as of Thursday, February 16, 2017 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 26, 2016, a proposal comment period which ended January 6, 2017, and a public hearing held on January 6, 2017, at Ohio EPA central office in Columbus, Ohio.

February 1, 2017
  • Adoption of Amended Rule Language - OAC Chapter 3745-100, Toxic Chemical Release Reporting Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-100, "Toxic Chemical Release Reporting Rules." 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.

    The amended rule will be effective as of Saturday, February 11, 2017 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 15, 2016, a proposal comment period which ended November 29, 2016, and a public hearing held on November 29, 2016, at Ohio EPA central office in Columbus, Ohio.

  • Adoption of Amended Rule Language - OAC Rule 3750-25-25, Release Notification Requirements

    Ohio EPA has adopted amended Ohio Administrative Code (OAC) rule  3750-25-25, "Air Pollution Control Fees." The rule was amended to incorporate the one-call emergency notification system for oil and gas related emergencies. The notification system designates the Ohio Department of Natural Resources (ODNR) to be the single point of contact for state agency notification for spills or releases at oil and gas regulated facility sites.

    The amended rule will be effective as of Saturday, February 11, 2017 (see Public Notice of Adoption). The rule is being adopted after a draft comment period which ended May 20, 2016, a proposal comment period which ended December 19, 2016, and a public hearing held on December 19, 2016, at Ohio EPA central office in Columbus, Ohio.

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

January 13, 2017
  • Ohio’s Recommended Designation of Nonattainment Area Boundaries for the 2010 Sulfur Dioxide Standard – Round 3 Submitted to U.S. EPA

    Ohio EPA has submitted to U.S. EPA Ohio’s Recommended Designation of Nonattainment Area Boundaries for the 2010 Sulfur Dioxide Standard – Round 3.  The United States Environmental Protection Agency (U.S. EPA) adopted this revised SO2 standard effective on August 23, 2010.  On August 15, 2013, U.S. EPA published (78 FR 47191) the initial, first round, SO2 nonattainment area designations for the 1-hour SO2 standard across the country based upon areas with monitored violations (effective October 4, 2013).  On March 2, 2015, the U.S. District Court for the Northern District of California accepted as an enforceable order an agreement between the U.S. EPA and Sierra Club and the Natural Resources Defense Council to resolve litigation concerning the deadline for completing designations.  This order directs U.S. EPA to complete the remaining designations in three steps: round two by July 2, 2016; round three by December 31, 2017 and round four by December 31, 2020. On July 12, 2016, U.S. EPA published (81 FR 45039) final second round designations for these source areas.  Ohio EPA’s round three designation recommendations are for all areas of Ohio not previously designated on August 15, 2013 or July 12, 2016 to be designated unclassifiable/attainment, with the exception of the General James M. Gavin Plant area. This source area, which includes Kyger Creek Generating Station, was designated as unclassifiable under the round two designations. Ohio EPA intends to use monitoring to characterize this source area and will address a final designation recommendation under round four of designations. 

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 19, 2016
  • Request for Removal of Low Reid Vapor Pressure (RVP) Fuel Requirements in the Cincinnati and Dayton Areas Submitted to USEPA
    Ohio EPA has submitted a request to U.S. EPA for the removal of Low Reid Vapor Pressure (RVP) fuel requirements in the Cincinnati and Dayton areas from Ohio’s State Implementation Plan (SIP). Ohio’s low RVP requirements were originally implemented to address the ozone National Ambient Air Quality Standards (NAAQS) through the reductions of nitrogen oxides (NOx) and volatile organic compound (VOC) emissions. The low RVP program fuel requirements are currently effective in Butler, Clermont, Hamilton and Warren counties in the Cincinnati area, and in Clark, Greene, Miami and Montgomery Counties in the Dayton area. In accordance with section 110(l) of the CAA, the request demonstrates that the removal of low RVP fuel requirements from the Cincinnati and Dayton areas will not interfere with the attainment or maintenance of the NAAQS. Low RVP fuel requirements will be substituted with equivalent or greater emissions reductions from facilities in the Cincinnati and Dayton areas which have permanently shutdown or have opted to convert from coal to natural gas. These substitute emissions are quantifiable, permanent, surplus, enforceable and contemporaneous. Specifically, 3.51 TPY of VOC from Miami Valley Publishing Company (Facility ID 0829060354), 4.86 TPY of VOC from National Oilwell Varco (Facility ID 0812100350), 40.50 TPY of NOx from MillerCoors LLC (Facility ID 1409000353) and 21.72 TPY of NOx from Wright-Patterson Air Force Base (Facility ID 0829700441) will be permanently retired upon U.S. EPA’s approval of the SIP revision.

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.

December 7, 2016
  • Adoption of Amended Rule Language - OAC Chapter 3745-24, NOx and VOC Emission Statements Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-24, "NOx and VOC Emission Statements Rules." 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.

    The amended rule will be effective as of Saturday, December 17, 2016 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 20, 2016, a proposal comment period which ended September 23, 2016, and a public hearing held on September 23, 2016, at Ohio EPA central office in Columbus, Ohio.

  • Adoption of Amended Rule Language - OAC Chapter 3745-78, Air Pollution Control Fees

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-78, "Air Pollution Control Fees." 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.

    The amended rule will be effective as of Saturday, December 17, 2016 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended May 20, 2016, a proposal comment period which ended September 23, 2016, and a public hearing held on September 23, 2016, at Ohio EPA central office in Columbus, Ohio.

  • Adoption of Amended Rule Language - OAC Chapter 3745-79, Small Business Technical Assistance Rules

    Ohio EPA has adopted 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 amended rule will be effective as of Saturday, December 17, 2016 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 26, 2016, a proposal comment period which ended October 25, 2016, and a public hearing held on October 25, 2016, at Ohio EPA central office in Columbus, Ohio.

November 30, 2016
  • Adoption of Amended Rule Language - OAC Chapter 3745-71, Lead Emission Rules

    Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-71, "Lead Emission Rules." This chapter includes standards for ascertaining, defining and measuring ambient air quality for lead particulates

    The amended rule will be effective as of Saturday, December 10, 2016 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended July 18, 2016, a proposal comment period which ended October 11, 2016, and a public hearing held on October 11, 2016, at Ohio EPA central office in Columbus, Ohio.

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.

November 10, 2016
  • Availability of Draft for Comment – Ohio’s Recommended Designation of Nonattainment Area Boundaries for the 2010 Sulfur Dioxide Standard – Round 3
    Ohio EPA is providing for public comment the draft Recommended Designation of Nonattainment Area Boundaries for the 2010 Sulfur Dioxide Standard – Round 3.  The United States Environmental Protection Agency (U.S. EPA) adopted this revised SO2 standard effective on August 23, 2010.  On August 15, 2013, U.S. EPA published (78 FR 47191) the initial, first round, SO2 nonattainment area designations for the 1-hour SO2 standard across the country based upon areas with monitored violations (effective October 4, 2013).  On March 2, 2015, the U.S. District Court for the Northern District of California accepted as an enforceable order an agreement between the U.S. EPA and Sierra Club and the Natural Resources Defense Council to resolve litigation concerning the deadline for completing designations.  This order directs U.S. EPA to complete the remaining designations in three steps: round two by July 2, 2016; round three by December 31, 2017 and round four by December 31, 2020. On July 12, 2016, U.S. EPA published (81 FR 45039) final second round designations for these source areas.

    Ohio EPA is now soliciting comments on round three designation recommendations. Ohio EPA’s preliminary recommendations are for all areas of Ohio not previously designated on August 15, 2013 or July 12, 2016 to be designated unclassifiable/attainment, with the exception of the General James M. Gavin Plant area. This source area, which includes Kyger Creek Generating Station, was designated as unclassifiable under the round two designations.  Ohio EPA intends to use monitoring to characterize this source area and will address a final designation recommendation under round four of designations.  The comments received will be used to formulate the State’s formal recommendation proposal to U.S. EPA.

    Ohio EPA will be accepting comments on the draft recommendations through December 16, 2016. Please see the public notice for information on how to submit comments.

  • Availability of Draft for Comment – Ohio’s Revised 2016-2017 Annual Air Monitoring Network Plan
    Ohio EPA is providing for public comment a draft revision to the 2016-2017 Annual Air Monitoring Network Plan for the State of Ohio.  Ohio EPA is making revisions to the original plan submitted to U.S. EPA in July of this year to provide additional details regarding Ohio’s plan for fulfilling the requirements of Appendices A, C, D, and E of 40 CFR Part 58 related to ambient air monitoring.  This plan is applicable to monitoring across all of Ohio. Ohio EPA is now soliciting comments on the draft revised air monitoring network plan.

    Ohio EPA will be accepting comments on these documents through Monday, December 12, 2016. Please see the draft network plan and public notice for information on how to submit comments.

November 8, 2016
  • Availability of Draft for Comment – Ohio's 2016-2017 Annual Air Monitoring Network Plan for the Gavin-Kyger Power Plant Source Area for the 2010 Sulfur Dioxide Standard
    Ohio EPA is providing for public comment the draft 2016-2017 Air Monitoring Network Plan for the Gavin-Kyger Power Plant Source Area for the 2010 Sulfur Dioxide Standard. The United States Environmental Protection Agency (U.S. EPA) adopted this revised SO2 standard effective on August 23, 2010. Under US EPA’s Data Requirements Rule (DRR) to address the 2010 1-hour sulfur dioxide (SO2) national ambient air quality standard (40 CFR Part 51, Subpart BB), Ohio is required to characterize concentrations of SO2 across the state through either ambient air quality monitoring or air quality modeling analysis where sources of SO2 emissions have annual actual SO2 emissions of 2,000 tons or more. Ohio EPA is electing to use ambient air quality monitoring to characterize air quality around two sources that meet this criteria: the AEP General James M. Gavin power plant and the OVEC Kyger Creek power plant. Ohio’s plan details how air monitoring around these facilities will fulfill the requirements of the DRR.

    Ohio EPA is now soliciting comments on the draft air monitoring network plan. DAPC will be accepting comments on these documents through Friday, December 9, 2016. Please see the draft network plan and public notice for information on how to submit comments.

  • Engineering Guide #18
    Engineering Guide #18 - SO2 compliance determination methods for boilers was updated to bring it up-to-date with today’s current rules. Please click here for more details.

October 31, 2016
  • Availability of Draft for Comment – Request for Removal of Low Reid Vapor Pressure (RVP) Fuel Requirements in the Cincinnati and Dayton Areas

    The Ohio Environmental Protection Agency (Ohio EPA) is soliciting comments regarding a draft request to U.S. EPA for the removal of Low Reid Vapor Pressure (RVP) fuel requirements in the Cincinnati and Dayton areas from Ohio’s State Implementation Plan (SIP). Ohio’s low RVP requirements were originally implemented to address the ozone National Ambient Air Quality Standards (NAAQS) through the reductions of nitrogen oxides (NOx) and volatile organic compound (VOC) emissions. The low RVP program fuel requirements are currently effective in Butler, Clermont, Hamilton and Warren counties in the Cincinnati area, and in Clark, Greene, Miami and Montgomery Counties in the Dayton area. In accordance with section 110(l) of the CAA, the draft request demonstrates that the removal of low RVP fuel requirements from the Cincinnati and Dayton areas will not interfere with the attainment or maintenance of the NAAQS. Low RVP fuel requirements will be substituted with equivalent or greater emissions reductions from facilities in the Cincinnati and Dayton areas which have opted to convert from coal to natural gas. These substitute emissions are quantifiable, permanent, surplus, enforceable and contemporaneous. Specifically, 40.50 tons of NOx from MillerCoors LLC (Facility ID 1409000353) and 30.27 tons of NOx from Wright-Patterson Air Force Base (Facility ID 0829700441) will be permanently retired upon U.S. EPA’s approval of the SIP revision.

    Ohio EPA will be holding a public hearing on December 5, 2016 at 6:00 p.m. at Middletown City Council Chambers, One Donham Plaza, Middletown, OH 45042-1932 (Butler County) and is requesting comments by December 6, 2016 on Ohio's draft request. For information on how to submit comments or attend the hearing please refer to the public notice.

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.

October 14, 2016
  • Attainment Demonstration for 2012 PM2.5 Standards

    Ohio EPA is submitting Ohio’s Attainment Demonstration for the 2012 Annual PM2.5 Standard to the U.S. Environmental Protection Agency (USEPA). On January 15, 2013, USEPA promulgated a revision to the annual PM2.5 NAAQS from 15.0 µg/m3 to 12.0 µg/m3.  Effective April 15, 2015 the Cleveland, Ohio area (Cuyahoga and Lorain Counties) was designated nonattainment for this revised standard.  The Clean Air Act requires states to develop a control strategy ensuring attainment by the attainment date and provide this demonstration of attainment to U.S. EPA within 18 months of designation.  Ohio EPA’s emissions projections and modeling are presented in Ohio’s attainment demonstration as evidence of attainment by December 31, 2021 using on the books (current and upcoming) controls.  This attainment demonstration was submitted to USEPA after a public hearing was held and an opportunity for public comment was provided.

October 12, 2016
  • Adoption of New and Amended Rules - OAC Rule 3750-10-08 and 3750-30-27 - SERC Administrative Rules

    Ohio EPA, on behalf of the State Environmental Response Commission (SERC), has adopted new Ohio Administrative Code (OAC) rule 3750-10-08 and amended OAC rule 3750-30-27. The new rule, OAC 3750-10-08, establishes a mechanism for local emergency planning committees to get a facility designated to their local plan for training purposes. The amended rule (OAC 3750-30-27) establishes threshold quantities for hazardous chemical reporting. 

    The new and amended rules will be effective as of Saturday, October 22, 2016 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended January 14, 2016, a proposal comment period which ended August 19, 2016, and a public hearing held on August 19, 2016, at Ohio EPA central office in Columbus, Ohio.

September 30, 2016
  • Ohio’s Recommended Designation of Nonattainment Area Boundaries for the 2015 Ozone Standard Submitted to USEPA 
    Ohio EPA has submitted to USEPA Ohio’s Recommended Designations for the 2015 Ozone Standards. On October 1, 2015, the U.S. Environmental Protection Agency (USEPA) promulgated a revision to the eight-hour ozone NAAQS which obligated the State of Ohio to designate the attainment status of all areas. USEPA revised the NAAQS by changing the level of the 75 ppm to 70 ppm.  Ohio EPA’s recommendations are for the following counties to be designated nonattainment for the revised ozone standard:  Butler, Clermont, Hamilton and Warren Counties in the Ohio portion of the Cincinnati, OH-KY-IN designation area; Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit Counties in the Cleveland-Akron-Lorain, OH designation area; and Delaware, Fairfield, Franklin and Licking Counties in the Columbus, OH designation area.

September 7, 2016
  • Stakeholder Input Requested on Rules - OAC 3745-19 Open Burning Standards
    Ohio EPA is requesting stakeholder input on potential amendments to 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. 

    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, October 7, 2016.

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 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.

June 2, 2016
  • Availability of Draft Redesignation Request and Maintenance Plan for the Ohio Portion of the Cincinnati-Hamilton, OH-KY-IN 1997 Annual PM2.5 Nonattainment Area

    Ohio EPA is providing for public comment a draft redesignation request and maintenance plan for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN 1997 Annual PM2.5 nonattainment area, including Butler, Clermont, Hamilton, and Warren counties.  U.S. EPA previously approved a redesignation request for the Ohio portion of the Cincinnati-Hamilton area from nonattainment to attainment for the 1997 annual PM2.5 NAAQS. U.S. EPA also approved Ohio’s 1997 annual PM2.5 maintenance plan for the Cincinnati-Hamilton area as revisions to the State Implementation Plan (SIP), approved the 2005 emissions inventories for primary PM2.5, NOX, and SO2, and approved the PM2.5 Motor Vehicle Emission Budgets for 2015 and 2021 for the Cincinnati-Hamilton area [76 FR 80253]. On March 18, 2015, the U.S. Court of Appeals for the Sixth Circuit vacated the previous redesignation of the Ohio and Indiana portions of the Cincinnati-Hamilton area. The Sixth Circuit found that U.S. EPA erred when it approved the redesignations because Ohio and Indiana’s SIPs did not provide for reasonably available control measures, including reasonably available control technologies (RACT/RACM) as required by 42 USC 7502(c)(1).  The maintenance plan, emissions inventories and Motor Vehicle Emission Budgets remain approved per U.S. EPA’s action on December 23, 2011 [76 FR 80253]. Ohio has revised the redesignation request and updated the maintenance plan for this area to reflect the provisions of Subpart 4 (Title I, Part D) of the Clean Air Act, including RACT/RACM analysis and updated emissions inventories to include VOCs and ammonia. Air quality monitoring data collected between 2013 and 2015 in the region demonstrated attainment of the NAAQS. Furthermore, the improved air quality is due to permanent, enforceable emission reductions. In addition, existing requirements are sufficient to maintain the 1997 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 Ohio portion of the Cincinnati-Hamilton, OH-KY-IN area as attainment for the 1997 Annual PM2.5 standard, approve Ohio's updated maintenance plan, and approve the Cincinnati-Hamilton area RACT/RACM analysis.

    Ohio EPA will be holding a public hearing on Wednesday, July 6, 2016 at 3:30 PM at Hamilton County Department of Environmental Services located at 250 William Howard Taft Road, Cincinnati, Ohio and requesting comments by July 6, 2016 on Ohio's draft proposal. For information on how to submit comments or attend the hearing please refer to the public notice.

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 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.

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.

June 27, 2014

  • Stakeholder Input Requested on Rules - OAC Chapter 3745-77
    Ohio EPA is requesting stakeholder input on potential amendments to 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.

    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. DAPC will be accepting comments on these potential changes through Wednesday, July 30, 2014.