• Adoption of Amended Small Business Assistance Rules
  
  Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-79-01 and 3745-79-03. These rules pertain to the small business assistance program, formerly housed within DAPC, which was created pursuant to Section 507 of the 1990 Clean Air Act Amendments.  The functions of this program have been performed by OCAPP since 2005. The changes to these rules are minor in nature and are being made as part of a review to fulfill the requirements of ORC 119.032 (5-yr review). 
  
  The rules will be effective as of Thursday, February 16, 2012 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended November 5, 2011, a proposal comment period which ended January 9, 2012 and a public hearing held on January 9, 2012 in Columbus, Ohio. No comments or testimony on the rules were recieved.

•  Availability of Draft Ambient Air Quality Rules for Comment
  
  Ohio EPA has completed draft amendments for Ohio Administrative Code (OAC) Rules 3745-25-01 and 3745-25-02. These rules contain the ambient air quality standards applicable to the state of Ohio and definitions used throughout the chapter. The primary reason for amending these rules is to update Ohio's ambient air quality standards to make them equivalent to their federal counterparts and to update information on the availability and version of items referenced in this chapter. Upon adoption of the new standards, these rules will be submitted to USEPA as a part of Ohio's State Implementation Plan as required by the Clean Air Act. Additionally, Ohio EPA has prepared a Business Impact Analyis (BIA) to submit to the Common Sense Initiative (CSI) Office to fulfill the requirements of Senate Bill 2. The form is also presented for comment along with the rule language below.

  
  Ohio EPA is accepting comments on the draft rule language and the BIA form through Wednesday, March 7, 2012. Please see the rule language, synopsis, BIA form and public notice for information on the draft language and how to submit comments.  

•  Final General Permit Issued for Shale Oil & Gas Well-Sites 
  
  Ohio EPA has issued a final air general permit to cover production operations at shale gas well sites. The general permit will ensure the air around production sites is safe while providing business with the most efficient option to get operations up and running. Applicants who meet the qualifying criteria, terms and conditions of the general permit can expect to receive Ohio EPA’s approval within several weeks of applying.
  
  The general permit covers a variety of emissions sources found at most shale gas well sites, including internal combustion engines, generators, dehydration systems, storage tanks and flares. It contains emissions limits, operating restrictions, and monitoring, testing and reporting requirements. 
  
  On October 20, 2011, Ohio EPA issued a draft air general permit and accepted public comments through November 28. Numerous suggestions were received, considered and incorporated into the permit before it was issued final. As a result, the final general permit:

• Proposal of Open Burning Rules
  
  Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-19, "Open Burning Regulations" to the Joint Committee on Agency Rule Review (JCARR). These rules contain Ohio EPA's open burning regulations. The amendments are primarily minor for clarification and to update formatting conventions. Ohio EPA has also removed the notification requirements for law enforcement agencies who wish to destroy seized marijuana by burning.

  Ohio EPA will be holding a public hearing on this rule on Friday, March 9, 2012 at 10:30 AM at Ohio EPA Central Office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. The rules are being proposed after a draft comment period ending August 19, 2011. Please see the rule language, synopsis, responsive summary, and public hearing notice, for information on the proposed amended rule changes and how to submit comments.
   

• Availability of Draft Redesignation for the Parkersburg-Marietta PM 2.5 Annual Nonattainment Area
  
  Ohio EPA is making available for comment a draft of the “Redesignation Request and Maintenance Plan for the Parkersburg-Marietta Annual PM2.5 Nonattainment Area” for public comment. On April 5, 2005, U.S. EPA designated 52 nonattainment areas nationwide for the 1997 annual PM2.5 standard.  The designations included twenty-seven Ohio counties as nonattainment (nine nonattainment areas).  Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 1997 annual PM2.5 standard. Public comments on this draft are being accepted through February 16, 2012. Ohio EPA will also be holding a public hearing at 3:00 PM on Thursday, February 16, 2012 at the Marietta Library, 615 5th Street. Marietta, Ohio 45750. Please refer to the Public Notice  for the hearing time and location and how to submit comments.

• Adoption of Emergency Rules for Exemption from GHG Reporting for Facilities Using Biomass as a Fuel 
  
  Ohio EPA has adopted two emergency rules in the Ohio Administrative Code (OAC), 3745-31-34 and 3745-77-11. These rules are related to the Greenhouse Gas Tailoring Rules and are a part of Ohio's NSR and Title V permitting programs. The emergency rules add exemptions for facilities using biomass as a fuel and make the rules equivalent too but no more stringent than the federal Greenhouse Gas Tailoring Rules.
  
  The rules were adopted under Governor's Emergency Order 2012-01K. The emergency order will be in effect through April 3, 2012. The emergency language has previously been proposed to the Joint Committee on Agency Rule Review, see the information dated December 30, 2011 immediately below. The proposed language will replace the emergency language once JCARR jurisdiction has been completed and the rules are adopted.

• Proposal of Amended Rule for Exemption from GHG Reporting for Facilities Using Biomass as a Fuel 
  
  Ohio EPA has proposed amended Ohio Administrative Code (OAC) Rules 3745-31-34 and 3745-77-11 to the Joint Committee on Agency Rule Review. These rules are related to the Greenhouse Gas Tailoring Rules and are a part of Ohio's NSR and Title V permitting programs. The proposed amendments to the rules add exemptions for facilities using biomass as a fuel and make the rules equivalent too but no more stringent than the federal Greenhouse Gas Tailoring Rules.

  Ohio EPA will be holding a public hearing on these rules on Wednesday, February 8, 2012 at 10:30 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. Please see the rule language, synopsis, and public hearing notice, all linked below, for information on the proposed amended rule changes and how to submit comments.
   

• Adoption of Amended Particulate Matter Rule
  
  Ohio EPA has adopted amended Ohio Administrative Code (OAC) rule 3745-17-11, "Restrictions on particulate emissions from industrial processes" to the Joint Committee on Agency Rule Review (JCARR). This rule is related to the control of particulate emissions from industrial sources. This rule was previously  finalized and became effective on February 1, 2008. This rule was conditionally approved by U.S. EPA into the Ohio State Implementation Plan (SIP) on December 27, 2010. In order to obtain full approval of the rule into Ohio's SIP, Ohio EPA agreed to incorporate an additional change which was documented in U.S. EPA’s final Federal Register dated October 26, 2010 (75 FR 65567). This change addresses concerns raised by U.S. EPA regarding paragraph (A)(1)(l) of Ohio’s final rule.
  
  The rule will be effective as of Friday, December 23, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended August 26, 2011, a proposal comment period which ended November 15, 2011 and a public hearing held on November 15, 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.

• Proposal of Asbestos Emission Control Rules
  
  Ohio EPA has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos Emission Control" to the Joint Committee on Agency Rule Review. This chapter contains emission limitations and reporting requirements for demolition, renovation, and manufacturing operations involving asbestos. The draft amendments in this chapter have been prepared after a draft review to fulfill the requirements of Ohio Revised Code (ORC) 119.032. It should be noted that two of the rules in this chapter have been reviewed and determined to be necessary but not require changes.

  
  Ohio EPA will be holding a public hearing on these rules on Monday, January 9, 2012 at 10:00 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. The rules are being proposed after a draft comment period ending November 7, 2011. Please see the rule language, synopsis, responsive summary to coments and public hearing notice, for information on the proposed amended rule changes and how to submit changes. 

• Proposal of Adjudication and Administrative Rules
  
  Ohio EPA has proposed new and amended rules in Ohio Administrative Code (OAC) Chapters 3745-47 and 3745-49 to the Joint Committee on Agency Rule Review (JCARR). The rules in these chapters contain the adjudication procedures of the agency and other administrative procedures. The rules are being proposed after a review to fulfill the requirements of  ORC 119.032 (5-yr review).
  
  Ohio EPA will be holding a public hearing on these rules on Thursday, January 5, 2012 at 10:30 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). These rules are a part of Ohio's SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP. The above-mentioned hearing shall be considered the public hearing for the SIP submittal. To view the proposed rule language, please click HERE.

• The Title V emissions fee for calendar year 2011 emissions is $45.55/ton.

• Adoption of Acid Rain Program Rules
  
  Ohio EPA has adopted amended, new and rescinded rules in Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and compliance." These rules establish the Acid Rain program for control of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. Ohio EPA has reviewed these rules as required by Ohio Revised Code (ORC) 119.032 (5-yr review). DAPC is proposing amendments to forty rules in this chapter for four reasons: (1) to revise the comment at the head of rules containing citations of referenced materials, to match language prescribed by the Legislative Services Commission; (2) to provide current effective dates for referenced materials; (3) to update the rule language in four rules to make it match the corresponding text in those federal acid rain rules that have been amended since the last 5-year review; and (4) to correct minor errors of punctuation or grammar. Ohio EPA has also determined that 24 of the rules in this chapter remain necessary but are without need of change.
  
  The rules will be effective as of Thursday, November 10, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended June 13, 2011, a proposal comment period which ended October 3, 2011 and a public hearing held on October 3 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.

• Adoption of Amended TRI Program Rules
  
  Ohio EPA has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-100, "Toxic Chemical Release Reporting (TRI)." These rules contain the requirements for Ohio's TRI program. Amendments were made to bring the rules in line with federal requirements, to correct minor typographical errors, to fulfill the formatting requirements of the Legislative Services commission (LSC), and to add and update citation information on materials referenced in these rules. Ohio EPA also found OAC rules 3745-100-02, 3745-100-04, and 3745-100-06 to be necessary but without need for change.
  
  The rules will be effective as of Friday, November 4, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 8, 2011, a proposal comment period which ended September 23, 2011 and a public hearing held on September 23 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.

• Model General Permits for Oil & Gas Well Sites and Digester Operations available for comment
  
  Two new facility type general permits have been posted for comment.  The first is for oil and gas well sites that will be drilling into Marcellus or Utica shale.  The second is for biomass digester operations.  Both of these are now out for the official general permit 30-day comment period.  See: the bottom of the General Permit web page for more information. 

•  Adoption of Amended SERC Rules
  
  Ohio EPA and the State Emergency Response Commission (SERC) have adopted amended rules in Ohio Administrative Code (OAC) Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50. The amendments are the result of a review to satisfy the requirements of ORC 119.032 (five-year review) and to ensure that SERC rules continue to be consistent with and equivalent in scope, content, and coverage with the Federal Emergency Planning and Community Right-to-Know Act (EPCRA). 

The rules will be effective as of Saturday, October 29, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 18, 2011, a proposal comment period which ended July 14, 2011 and a public hearing held on July 14, 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.
 

• Submission of Infrastructure SIP for Lead to USEPA

Ohio EPA has submitted to USEPA a request for approval of the Infrastructure State Implementation Plan for the 2008 Lead (Pb) National Ambient Air Quality Standard (NAAQS). This document confirms that Ohio EPA continues to retain the resources necessary to evaluate ambient air quality, develop plans to attain new and existing ambient air quality standards, run a complete new source review program, and effectively enforce all applicable requirements.
 

•  Availability of Draft Asbestos Emission Control Rules for Comment

Ohio EPA has completed draft amendments for rules in Ohio Administrative Code (OAC) Chapter 3745-20, "Asbestos emission control." This chapter contains emission limitations and reporting requirements for demolition, renovation, and manufacturing operations involving asbestos. The draft amendments in this chapter have been prepared after a draft review to fulfill the requirements of Ohio Revised Code (ORC) 119.032.It should be noted that two of the rules in this chapter have been reviewed and determined to be necessary but not require changes.

Ohio EPA is accepting comments on the draft rule language through Monday, November 7, 2011. Please see the rule language, synopsis and public notice for information on the draft language and how to submit comments.
 

• Submission of Redesignation Request for Cleveland-Akron-Lorain PM 2.5 Non-attainment Area

Ohio EPA has submitted to USEPA a request for the redesignation to attainment of the Cleveland-Akron-Lorain nonattainment area (Ashtabula, Cuyahoga, Lake, Lorain, Medina, Portage and Summit Counties) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3.

•  Availability of Statewide Lead Infrastructure SIP for Comment

Ohio EPA is making available for comment a draft of the “Approval Request for the Infrastructure State Implementation Plan for the State of Ohio” for public comment This document confirms that the Ohio EPA continues to retain the resources necessary to evaluate ambient air quality, develop plans to attain new and existing ambient air quality standards, run a complete new source review program, and effectively enforce all applicable requirements. Specifically, the Ohio EPA is submitting this documentation in order to comply with the SIP requirements under Section 110(a)(1) and Section 110(a)(2) of the Clean Air Act (CAA), for the 2008 Lead (Pb) standard. Public comments on this draft are being accepted through October 17, 2011. Ohio EPA will also be holding a public hearing at 1:30 PM on October 17, 2011 at the Ohio EPA Central Office, 50 West Town St., Columbus, Ohio. Please refer to the Public Notice for the hearing time and location and how to submit comments.
 

• Ohio EPA is making available draft amendments and new rules to Ohio Administrative Code (OAC) chapters 3745-47 and 3745-49. These chapters contain Ohio EPA's adjudication and administrative rules. The Ohio Environmental Protection Agency is in the process of conducting a review of these rules to satisfy requirements mandated by Ohio Revised Code (ORC) Section 119.032, which requires all state agencies to review each of their rules every five years to determine whether or not to continue the rules without change, amend the rules, or rescind the rules. Based on this review, Ohio EPA is recommending that the existing rules in OAC chapter 3745-47 be amended and that the "procedural" and "administrative" rules be separated and that the administrative rules be promulgated as new OAC chapter 3745-49.

We are accepting comments on the amended and new rule language through Friday, September 23, 2011. Please see the draft amended and new rules for information on the rule changes and the interested party notice for information on submitting comments.
 

• Ohio EPA is making available for comment a draft of the “Redesignation Request and Maintenance Plan for the Cleveland-Akron-Lorain Annual PM2.5 Nonattainment Area” for public comment.  On April 5, 2005, U.S. EPA designated 52 nonattainment areas nationwide for the 1997 annual PM2.5 standard.  The designations included twenty-seven Ohio counties as nonattainment (nine nonattainment areas).  Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 1997 annual PM2.5 standard. Public comments on this draft are being accepted through September 23, 2011. Ohio EPA will also be holding a public hearing at 2:30 PM on September 23, 2011 at the Twinsburg Library, 10050 Ravenna Road, Twinsburg, Ohio 44087. Please refer to the Public Notice for the hearing time and location and how to submit comments.

• Ohio EPA has proposed amended and no-change rules in Ohio Administrative Code (OAC) chapter 3745-100, "Toxic Chemical Release Reporting (TRI)" to the Joint Committee on Agency Rule Review (JCARR). These rules contain the requirements for Ohio's TRI program. Amendments are being made to bring the rules in line with federal requirements, to correct minor typographical errors, to fulfill the formatting requirements of the Legislative Services commission (LSC), and to add and update citation information on materials referenced in these rules. Ohio EPA also finds OAC rules 3745-100-02, 3745-100-04, and 3745-100-06 to be necessary but without need for change.

Ohio EPA will be holding a public hearing on these rules on Friday, September 23, 2011 at 10:30 AM at Ohio EPA Central office, 50 West Town Street, Suite 700, Columbus, Ohio 43215. The rules are being proposed after a draft comment period ending April 8, 2011. No comments were recieved. Please see the rule language, synopsis, and public hearing notice, for information on the proposed amended rule changes and how to submit changes.
 

• Ohio EPA has adopted amended Ohio Administrative Code (OAC) rules 3745-18-03, 3745-21-04, and 3745-71-03, and new OAC rule 3745-71-01. Ohio EPA has also rescinded OAC rules 3745-71-04, 3745-71-05, and 3745-71-06 as these rules were determined to no longer be needed. The rules are related to the regulation of emissions of lead from stationary sources. Amendments were made to update or remove attainment dates for obselete standards and to make minor changes to formatting and style in accordance with the requirements of ORC 119.032 (5-yr review).
  
  The rules will be effective as of Friday, August 26, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended April 18, 2011, a proposal comment period which ended July 14, 2011 and a public hearing held on July 14, 2011 in Columbus, Ohio. No comments or testimony on the rules were recieved.

• Ohio EPA and the State Emergency Response Commission (SERC) have 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 primary purpose of the review is to satisfy the requirements of ORC 119.032 (five-year review) and to ensure that SERC rules continue to be consistent with and equivalent in scope, content, and coverage with the Federal Emergency Planning and Community Right-to-Know Act (EPCRA).

Ohio EPA will be holding a public hearing regarding these rules on Monday, September 19, 2011 at 10:30 AM at Ohio EPA Offices in Columbus, Ohio. Please see the public notice for information on how to attend the hearing. Please see the rule language, synopsis and public notice for information on the proposed rule language and how to submit comments.
 

• On July 29, 2011, Ohio EPA issued for comment draft Qualifying Criteria and draft Model General Permit terms and conditions for natural gas well site operations. See the bottom of the web page: http://www.epa.ohio.gov/dapc/genpermit/genpermits.aspx for links to these materials. Comments are being solicited now in order to help the Ohio EPA develop an appropriate General Permit. The official General Permit 30-day comment period will occur later.   

• Ohio EPA has completed draft amendments for rules in Ohio Administrative Code (OAC) 3745-19. These rules contain Ohio EPA's open burning regulations. The amendments are primarily minor for clarification and to update formatting conventions. Ohio EPA has also removed the notification requirements for law enforcment agencies who wish to destroy siezed marijuana by burning. Finally, Ohio EPA is working with the Common Sense Initiative (CSI) Office on this rulemaking as a pilot in preparation for the implementation of Senate Bill 2. Ohio EPA is seeking comments and feedback on the draft CSI Pilot Form, which is being released and can be found with the draft rules.

Ohio EPA is accepting comments on the draft rule language and the CSI Pilot form through Friday, August 19, 2011. Please see the rule language, synopsis and public notice (all linked below) for information on the draft language and how to submit comments.

• On June 3, 2011 Ohio EPA submitted a draft recommendation to USEPA for area designations of attainment, unclassifiable and nonattainment under U.S. EPA’s newly revised 1-hour sulfur dioxide (SO2) standard.  Subsequently, Ohio EPA received additional comments from Sierra Club after the close of the comment period.  These comments have been considered and are being submitted as a part of the official SIP record although they have not resulted in changes to Ohio EPA’s June 3rd recommendation. The letter to U.S. EPA providing this supplement can be found here along with Sierra Club’s comments and Ohio EPA’s revised Responsive Summary to Comments.

• On January 22, 2010, USEPA substantially strengthened the primary National Ambient Air Quality Standard (NAAQS) for nitrogen oxides as measured by nitrogen dioxide  (NO2). U.S. EPA set a new 1-hour primary NO2 standard at 100 ppb and retained the existing annual standard of 53 ppb (for which Ohio has been in full attainment).  On January 5, 2011, Ohio EPA submitted a recommendation for area designations based on the most recent air quality data from 2008-2010. This recommendation was that no areas were exceeding the standard and because a new monitoring network will be established, the state should be designated as unclassifiable. USEPA has reviewed this recommendation and provided a response to Ohio on June 28, 2011. USEPA is proposing to designate all areas in Ohio as unclassifiable/attainment. USEPA is accepting comments on the preliminary designation decision for 30-days after an upcoming publication in the Federal Register. USEPA plans to promulgate the final designations by October 31, 2011.

• On October 15, 2008, USEPA substantially strengthened the primary National Ambient Air Quality Standard (NAAQS) for lead by lower it from 1.5 micrograms per cubic meter (µg/m3) to  0.15 µg/m3.  As a result, USEPA designated portions of Bellefontaine, Cleveland, and Delta, Ohio as non-attainment areas on November 16, 2010, based on data from the pre-2010 monitoring network.  In addition, in 2010, Ohio EPA implemented an expanded monitoring network that included monitors in Cuyahoga County, Marion County, Stark County, and Trumbull County. On December 10, 2010, Ohio EPA submitted an updated recommendation  based on the most recent air quality data from 2008-2010 and the expanded monitoring network. This recommendation was that no new areas were exceeding the standard and necessitated a nonattainment designation. USEPA has reviewed this recommendation and provided a response to Ohio on June 15, 2011. USEPA is in agreement with Ohio’s recommendation and is proposing to designate all additional areas in Ohio as unclassifiable/attainment. USEPA is accepting comments on the preliminary designation decision through August 15, 2011. USEPA plans to promulgate the second round of final designations by October 14, 2011.
   
• Ohio EPA has proposed rules in Ohio Administrative Code (OAC) chapter 3745-76, "Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills" to the Joint Committee on Agency Rule Review (JCARR). The proposal is being made after a review to fulfill the requirements of Ohio Revised Code (ORC) 119.032. Ohio EPA has determined that the rules remain necessary but do not require changes. The rules will continue in force as is pending a review by the JCARR.

• Ohio EPA has completed a review of Ohio Administrative Code (OAC) chapter 3745-76, "Control of Non-methane Organic Compound (NMOC) Emissions From Existing Landfills" to fulfill the requirements of Ohio Revised Code (ORC) 119.032. We have determined that the rules remain necessary but do not require changes. Ohio EPA is currently accepting comments through Ohio's Business Gateway Regulatory Reform website through Wednesday, June 15, 2011.

• Ohio EPA has submitted to USEPA a draft recommendation for area designations of attainment, unclassifiable and nonattainment under U.S. EPA’s newly revised sulfur dioxide (SO2) standard.  On June 22, 2010, U.S. EPA strengthened the National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2).   U.S. EPA set a new 1-hour primary SO2 standard at 75 ppb and revoked the existing annual and 24-hr primary standards (for which Ohio had been in full attainment).   The first step in addressing this new standard is for Ohio EPA to provide a recommendation on area designations based on 2008 to 2010 air quality data.  U.S. EPA will then review Ohio’s recommendation and propose their final recommendations in 2012 for public comment.  After consideration of comments,  U.S. EPA must make final area recommendations by June 3, 2012.  Based on 2008 to 2010 air quality data, Ohio EPA is making the following recommendations:
   
  Recommend the following areas be designated nonattainment: All of Lake County and partial areas of the following Counties: Belmont (Mead, Pease, Pultney, and York Townships), Columbiana (Liverpool and Yellow Creek Townships), Jefferson (Cross Creek, Island Creek, Knox, Saline, Steubenville, Warren, and Wells Townships), Meigs (Salisbury Township), Gallia (Cheshire Township), Morgan (Center Township), and Washington (Waterford Township).  The remainder of the partial nonattainment counties are recommended as unclassifiable.
   
  Recommend that the following counties be designated attainment: Ashland, Brown,
  Carroll, Champaign, Clinton, Crawford, Darke, Defiance, Delaware, Fairfield,
  Fayette, Geauga, Hancock, Hardin, Harrison, Highland, Hocking, Holmes, Huron,
  Jackson, Knox, Logan, Madison, Medina, Mercer, Miami, Morrow, Noble, Perry,
  Portage, Preble, Putnam, Vinton, Warren, Williams, and Wyandot.
   
  Recommend that the remaining counties in Ohio be designated unclassifiable. 
   
• Ohio EPA submitted to USEPA a request for the redesignation to attainment of the Columbus nonattainment area (Coshocton, Delaware, Farifield, Franklin, and Licking Counties) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3.

• Ohio EPA has submitted to USEPA a request for the redesignation to attainment of the Dayton-Springfield nonattainment area (Clark, Greene and Montgomery Counties) with respect to the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). The current PM2.5 annual standard is 15.0 µg/m3.

• Model General Air Permits Available for Application
  
  Notice is hereby given that the Director of Environmental Protection ("Ohio EPA") is making available for application through the Division of Air Pollution Control ("DAPC") three model general permits-to-install and operate ("MGPTIO") for mineral extraction, aggregate processing and portable aggregate processing. Ohio EPA provided a 30-day comment period on the draft MGPTIO terms and conditions beginning on September 1, 2010. After considering all comments received, Ohio EPA developed the final MGPTIOs and will begin accepting applications on May 16, 2011.
  
  
• Draft Model General Air Permits Available for Public Comment
  
  Notice is hereby given that the Director of Ohio EPA is making available for public comment modified air pollution control MGPTIOs. These documents will be available for public comment through June 24, 2011.
  
  Compression Ignition Internal Combustion Engines, uncertified pre-NSPS, 2006 model year or earlier: greater than 300 HP and less than or equal to 500 HP; greater than 500 HP and less than or equal to 600 HP; and greater than 600 HP and less than or equal to 1,100 HP.
  
  The Ohio EPA, DAPC general permit program is regulated under Ohio Administrative Code ("OAC") 3745-31-29. This notice is being issued in order to fulfill the requirements of OAC Rule 3745-31-29(A)(3).
  
  Additional information regarding the general permit program, copies of available MGPTIs, MGPTIOs terms and conditions, and instructions for applying for the MGPTIOs can be found on the Ohio EPA web page.
  
  Questions regarding these general permits can be directed to Cheryl Suttman at Ohio EPA, (614) 644-3617, or mailed to Cheryl Suttman, Attn: General Permits, Ohio EPA, Division Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049.

• Ohio EPA has adopted new and amended rules  in chapters 3745-21, 3745-72, and 3745-110 of the Ohio Administrative Code (OAC). The rules are intended to assist in achieving and maintaining the National Ambient Air Quality Standard for ozone through the control of ozone precursors.

The new rules in OAC chapter 3745-21 are based on control technology guidelines (CTGs) issued by U.S. EPA in 2008 and are intended to address federal requirements. The amendments to the existing rules under Chapter 3745-21 of the Administrative Code consist primarily of minor corrections, formatting changes and correcting language inadvertently omitted during previous rulemakings. The amendments to Chapter 3745-72 are minor in nature and are needed in order to clarify intent. Amendments to Chapter 3745-110 have been made by incorporating new site-specific RACT requirements pursuant to RACT studies received.

The rules will be effective as of Thursday, May 12, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft comment period which ended January 8, 2010, a proposal comment period which ended February 11, 2011 and a public hearing held on February 11, 2011 in Columbus, Ohio.
 

• The Ohio Environmental Protection Agency (OEPA) Division of Air Pollution Control (DAPC) and the State Emergency Response Commission (SERC) have reviewed rules contained in Chapters 3750-1, 3750-15, 3750-25, 3750-30, and 3750-50 of the Administrative Code (OAC). The primary purpose of the review is to satisfy the requirements of ORC 119.032 (five-year review) and to ensure that SERC rules continue to be consistent with and equivalent in scope, content, and coverage with the Federal Emergency Planning and Community Right-to-know Act (EPCRA).

Based on our review, the SERC has determined that these rules continue to be necessary and are in need of some minor changes. The changes to these rules consist primarily of minor corrections, formatting changes and correcting language inadvertently omitted during previous rulemakings. DAPC and the SERC have also updated information in these rules regarding referenced materials.

We are accepting comments on the amended rule language through Friday, May 27, 2011. Please see the draft amended rules, synopsis and the interested party notice for additional information on the draft language and details on submitting comments.
 

• Ohio EPA is making available a draft of Ohio's designation recommendations for the new 2010 1-hr sulfur dioxide (SO₂) standard. The report recommends that Belmont County, Columbiana County, Cuyahoga County, Jefferson County, Lake County, Meigs County and Cheshire Township in Gallia County, and Morgan County and Waterford Township in Washington County be designated as non-attainment for the new, June 2, 2010 1-hr SO2 standard and that the remainder of the state be classified as attainment or non-classifiable for the standard. Comments received will be used to formulate the State’s formal recommendation proposal to U.S. EPA due by June 3, 2011.

As part of the comment process, Ohio EPA will be holding 3 hearings on the recommendations. The hearings will be held May 17, 2011 in Parma Heights, Ohio, May 18, 2011 in Steubenville, Ohio, and May 19, 2011 in Pomeroy, Ohio. DAPC will also be accepting comments on the document through May 19, 2011. Please refer to the Public Notice for the hearing times and locations and how to submit comments.
 

• Ohio EPA has adopted amended rule 3745-14-05 of the Ohio Administrative Code (OAC), "NOx allowance allocations." The adoption completes the deletion of paragraph (C)(7) of this rule, which provides for the retirement of 240 tons of NOx (allowances) from the 2005 ozone season during the 2006 ozone season. As a result of recent US EPA action, the retirment of these allowances is no longer necessary.

The rules will be effective as of Saturday, April 16, 2011 (see Public Notice of Adoption). The rules are being adopted after a draft rule comment period ending July 23, 2010, a proposed rule comment period ending March 9, 2011 and a public hearing held on March 9, 2011. Comments were received during the draft comment period only.
 

• Ohio EPA is making available a draft of the redesignation request for the PM 2.5 Annual Standard in the Columbus Area for public comment.  On April 5, 2005, U.S. EPA designated 52 nonattainment areas nationwide for the 1997 annual PM2.5 standard.  The designations included twenty-seven Ohio counties as nonattainment (nine nonattainment areas).  Since that time, the air quality monitoring data for several urban areas have demonstrated attainment for the 1997 annual PM2.5 standard.

Ohio EPA is formally requesting a redesignation to attainment of the Columbus nonattainment area (Coshocton, Delaware, Fairfield, Franklin, and Licking Counties) with respect to the 1997 annual PM2.5 standard. Public comments on this draft are being accepted through April 21, 2010. Ohio EPA will also be holding a public hearing on April 21, 2010 in Columbus, Ohio. Please refer to the Public Notice for the hearing time and location and how to submit comments.
 

• Ohio EPA has submitted the Recommended Designations request  for the 2010 nitrogen dioxide (NO2) supplemental 1-hour primary standard of 100 ppb (75 FR 6474). The designation recommendations are based on the most current NO2 monitoring data along with USEPA's NO2 short-term standard. States submit their recommendations to USEPA, designating all areas in the state as "attainment", "nonattainment" or "unclassifiable".

All three of Ohio’s NO2 monitors currently meet the 2010 primary 1-hour NO2 standard, and therefore, all monitoring sites are showing attainment of the supplemental 1-hour NO2 standard. However, the final NO2 rule requires the installation of additional new near-road and community (area wide) NO2 monitors around Ohio. The new monitoring network requirements near-road and community monitors will not be operating until January 1, 2013, and the three years of data will not be complete until 2016. USEPA intends to promulgate initial NO2 designations by January 22, 2012 and intends to designate all areas that are not currently violating the new standard as unclassifiable, absent data from the newly required monitors. Once the additional monitors are in place, the USEPA intends to redesignate areas as appropriate form unclassifiable to attainment or nonattainment. Ohio EPA agrees with this procedure and recommended all Counties in Ohio with applicable NO2 monitoring data be designated unclassifiable until new-additional NO2 monitoring data is available.
 

• Engineering Guide 71 has been revised to address new emission reporting requirements for sources of lead emissions.