Division of Air Pollution Control Rules and Laws

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To report a spill or environmental emergency, contact the spill hotline (800) 282-9378 or (614) 224-0946

The Division of Air Pollution Control (DAPC) develops and enforces rules in the Ohio Administrative Code (OAC). These rules assist the state of Ohio to:

  • Attain and maintain the National Ambient Air Quality Standards (NAAQS) contained in the Clean Air Act
  • Fulfill the requirements set forth by the Ohio General Assembly in Ohio Revised Code (ORC) Section 3704
  • Protect and maintain healthy air quality for the citizens of the state of Ohio

Ohio EPA air pollution control regulations are located in the OAC in chapters 3745-14 to 3745-26, 3745-31, 3745-71 to 3745-73, 3745-77 to 3745-80, 3745-100, 3745-103, 3745-104, and 3745-109 to 3745-114. Additional chapters are added as needed to address new laws and requirements related to air pollution control.

Proposing new rules and amendments to existing rules is a regular activity conducted by Ohio EPA in response to laws passed by the General Assembly and federal rule requirements. The Agency is also required by state law to review its rules at least once every five years to ensure their continued need and relevance.

During the Ohio rule-making process, rules pass through the following four phases: early stakeholder outreach; draft review; proposal to the Joint Committee on Agency Rule Review (JCARR); and final adoption. To view the rules currently in each of these phases, please view the tabs below.

Some of Ohio EPA’s air pollution control regulations are a part of Ohio’s State Implementation Plan (SIP). Rules that are a part of Ohio’s SIP are submitted to U.S. EPA after final promulgation of the rule(s) and then U.S. EPA must in turn take action to approve the rule(s) into Ohio’s SIP. The process of U.S. EPA approval can take up to 18-months after Ohio EPA submits a request, as allowed under CAA Section 110(k). Therefore, often there is a time lag between the effective date of Ohio’s rules and the effective date of approval of those rules as a part of Ohio’s SIP. When a rule(s) that was approved as a part of Ohio’s SIP is amended, Ohio EPA will often submit the amended rule(s) as a revision to the approved Ohio SIP, which U.S. EPA must again take action to approve as a replacement. To find a list of the currently approved SIP rules, and the effective dates of those rules, see 40 CFR 52.1870. As explained above, some of these SIP approved rules will not be the most currently effective rule found on the tab below. You may request specific SIP approved rules not found in the tab below by contacting Ohio EPA DAPC’s Rule Coordinator at paul.braun@epa.ohio.gov or 614-644-3734.

If you would like to receive e-mail notifications regarding opportunities to provide comment regarding important changes to Ohio’s air pollution control rules, please go to Ohio EPA's Customer Support Center, log-in or sign-up to create a new account, and choose "Information on rulemaking activity and regulatory notifications from the Division of Air Pollution Control" from your subscriptions.

The first step in the rule-making process is for Ohio EPA to identify that a rule needs to be amended, rescinded or created. Ohio EPA may also review a rule pursuant to the five-year rule review requirements (ORC 106.03) and determine that the rule should be filed with the Joint Committee on Agency Rule Review (JCARR) as 'no change.'

In response to Executive Order 2011-01K, Ohio EPA has added an additional step to ensure stakeholders are brought into the rule process as early as possible. This additional interested party notification and request for information will allow for early feedback before the rule language has been developed by the Agency.

The following rules are currently undergoing early stakeholder outreach:
 

 
 
April 9, 2020
  • Stakeholder Input Requested on Rulemaking - OAC Chapter 3745-80, "Anti-tampering Rules"
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-80, "Anti-tampering Rules." The rules in this chapter contain the requirements for Ohio’s Statewide Motor Vehicle Anti-Tampering Program. The rules in this chapter describe and prohibit acts of tampering with the pollution control devices on vehicles and provide procedures for the training of anti-tampering inspectors.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Tuesday, May 12, 2020.

March 5, 2020
 
  • Stakeholder Input Requested on Potential Rules Amendments - OAC Rules 3745-31-34 and 3745-77-11 – Greenhouse Gas Tailoring Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) rules 3745-31-34 and 3745-77-11, Ohio's Greenhous Gas Tailoring Rules. These rules contain the requirements for the permitting of major sources of greenhouse gas emissions. "Greenhouse gases" subject to regulation as defined in 40 CFR Part 51.166 consist of the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride." A “major source” of greenhouse gases are those sources emitting any of the six gases individually or in combination exceeding a CO2 equivalent quantity established in these rules.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the 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, April 6, 2020.

November 1, 2019 
  • Stakeholder Input Requested on Potential Rules Amendments - OAC Chapter 3745-26, I/M Program Rules
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-26, "I/M Program Rules." contains the requirements for Ohio’s motor vehicle inspection and maintenance (I/M) program, also known as E-Check. The program currently tests cars in seven counties in Northeast Ohio (Cuyahoga, Geauga, Lake, Lorain, Medina, Summit, and Portage). These rules fulfill a requirement in the Clean Air Act and are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standard for ozone in the Cleveland/Akron/Lorain Metropolitan area.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the 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 Wednesday, December 4, 2019.

September 13, 2019
  • 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 potential amendments to the rules in Ohio Administrative Code (OAC) Chapter 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards." The rules in this chapter establish requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources. VOCs are a precursor compound from which ozone is formed. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. CO is also one of the six criteria pollutants for which a NAAQS has been established. The intent of these rules is to limit emissions of VOCs and CO to allow the state of Ohio to attain and maintain the NAAQS for ozone and CO.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the 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, October 18, 2019.

June 19, 2019
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-15, General Provisions Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-15, "General Provisions on Air Pollution Control."  The rules in this chapter contain the general provisions on air pollution control for the Ohio EPA. The general provisions include such things as: the authority of the director of Ohio EPA to request the collection and submission of emission information, the measurement of emissions of air contaminants, the requirements for the determination of a “De Minimis” source of air pollution, the requirements in the event of equipment shut down caused by malfunction or maintenance, air pollution nuisances, and other administrative rules.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Tuesday, July 23, 2019.

May 23, 2019
 
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-104, Accidental Release Prevention Rules
    Ohio EPA is requesting stakeholder input on potential amendments to Ohio Administrative Code (OAC) Chapter 3745-104, "Accidental Release Prevention Rules." The rules in this chapter establish Ohio’s Accidental Release Prevention Program under the Risk Management Plan (RMP). These rules were promulgated after Ohio received delegation of authority in December 1999 for the program. The rules require facilities to submit a Risk Management Plan (RMP), implement a prevention program and an emergency response plan or program.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on the rule from potentially affected parties. Instructions for providing comments and where to submit them are provided in the Stakeholder Input Request. Ohio EPA will be accepting comments on these potential changes through Wednesday, June 26, 2019.

November 28, 2018
  • Stakeholder Input Requested on State Emergency Response Commission Rules; Emergency Planning

    On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is requesting stakeholder input on potential amendments to the State Emergency Response Commission Rules; Emergency Planning. The rules in Ohio Administrative Code (OAC) Agency 3750 establish the framework of the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPCs) and establishes emergency planning and release reporting reporting requirements to facilities that store hazardous chemicals or extremely hazardous substances or have a spill or release of extremely hazardous substances, CERLA hazardous substances or oil as defined. The list of rules being considered for amendment is included in the stakeholder input request.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on potential amendments to 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, January 4, 2019.

November 16, 2018
 
  • Stakeholder Input Requested on New Rules Regulating Emissions from the Oil and Gas Industry

    Ohio EPA is requesting stakeholder input on potential new rules regulating emissions from the oil and gas industry. Ohio EPA intends to develop rules that cover air pollution emissions from oil and gas facilities associated with unconventional oil/gas recovery and processing. These rules would cover similar equipment and requirements as is currently covered by U.S. EPA’s New Source Performance Standards (NSPS) for the oil and natural gas sector under 40 CFR Part 60, Subpart OOOOa. Typical facilities would include oil and gas well sites and gas compressor stations. The rules would cover both existing and new sources.

    Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on these new 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 Wednesday, December 19, 2018.

June 22, 2018
 
  • Stakeholder Input Requested on Rules - OAC Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program "

    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program." This chapter provides requirements for installation and modification of all new and existing air contaminant sources, as well as operation of those sources, where their operation is not subject to Title V requirements in OAC Chapter 3745-77.
     

    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 27, 2018.

 

The Interested Party (IP) review process is designed to allow interested parties, stakeholders or citizens to make comments regarding the rule prior to adoption. The IP process is the second step in the rule-making process. Whereas the Early Stakeholder Outreach process asked for general comments on anticipated rule changes, the IP process asks interested parties, stakeholders or citizens to make comments on the draft rule language developed by Ohio EPA.

During the IP process, Ohio EPA is required to submit a Business Impact Analysis (BIA) to the Common Sense Initiative Office (CSIO). CSIO has two options for the Business Impact Analysis:

  1. Prepare and send recommendations to Ohio EPA for eliminating or reducing adverse impacts
  2. Allow 16 days to pass without preparing and sending recommendations

Based on comments received from interested parties or the CSIO, Ohio EPA may choose to revise the rules further before proposing them to the Joint Committee on Agency Rule Review (JCARR).

The following draft rule language and their related BIA have been released for the IP review process:

 
 
April 20, 2020 
  • Availability of Draft Amended Rules for Comment - OAC Chapter 3745-76, Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills Rules
    The Division of Air Pollution Control (DAPC) is making available a draft of amended rules in Ohio Administrative Code (OAC) Chapter 3745-76, "Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills Rules." The rules in this chapter contain the requirements and emission guidelines for the control of NMOC emissions from existing landfills. An existing landfill is any landfill that commenced construction, reconstruction, or modification on or before July 17, 2014. The Emission Guidelines of this rule apply to landfills that accepted waste after November 8, 1987. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d) and 40 CFR Part 60, Subpart Cf.

    DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, May 22, 2020. Please see the public notice, draft business impact analysis, and synopsis of changes (linked below) for information on the rule review and how to submit comments.

March 25, 2020
  • Availability of Draft New Rules for Comment - OAC Chapter 3745-107, Power Plant Efficiency Rules
    The Division of Air Pollution Control (DAPC) is making available a draft of new rules in Ohio Administrative Code (OAC) Chapter 3745-107, "Power Plant Efficiency Rules."  DAPC has developed these rules to comply with the requirements of U.S. EPA’s “Affordable Clean Energy Rule” (ACE), found in Federal Register Volume 84, page 32520. The ACE rule mandates that states develop enforceable carbon dioxide emission standards of performance for large coal-fired electric generating units (EGUs) based on the analysis of technologies and methods U.S. EPA has determined to be the Best System of Emission Reduction (BSER) for reducing emissions of carbon dioxide. The rule allows states to consider other factors, such as remaining useful life, cost of compliance, and technical feasibility when establishing standards of performance.

    DAPC is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Monday, April 27, 2020. Please see the public notice, draft business impact analysis, and synopsis of changes (linked below) for information on the rule review and how to submit comments.

March 17, 2020
  • Availability of Draft Rules for Comment - OAC Chapter 3745-22, Asbestos Licensing Rules Program Rules
    The Division of Air Pollution Control (DAPC) is making available draft amended rules in Ohio Administrative Code (OAC) Chapter 3745-22, "Asbestos Licensing Rules" for comment. The rules in this chapter establish Ohio’s licensing, certification and approval requirements for business entities and individuals that are performing activities related to asbestos including contractors, training providers, supervisors, workers, inspectors and project designers. The amendments are required for Ohio EPA to apply for and obtain U.S. EPA approval of the Ohio EPA Asbestos Licensing/Accreditation Program.

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, April 17, 2020. Please see the public notice, draft business impact analysis, and synopsis of changes (linked below) for information on the rule review and how to submit comments.

March 10, 2020
  • Availability of Draft Rules for Comment - State Emergency Response Commission (SERC) Program Rules
    On behalf of the director of the State Emergency Response Commission (SERC), the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft amended rules in Ohio Administrative Code (OAC) Agency 3750 for comment. The rules in OAC Agency 3750 establish the framework of the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPCs) and establishes emergency planning and release reporting reporting requirements to facilities that store hazardous chemicals or extremely hazardous substances or have a spill or release of extremely hazardous substances, CERLA hazardous substances or oil as defined. The list of rules being considered for amendment is included below. DAPC is also recommending certain SERC rules remain necessary, but are without need of change. The list of No-Change rules can be found in the public notice, linked below.

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft rules and the draft business impact analysis (BIA) document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, April 10, 2020. Please see the public notice, draft business impact analysis, and synopsis of changes(linked below) for information on the rule review and how to submit comments.

April 3, 2019
  • Availability of Draft for Comment - OAC Chapter 3745-100, "Toxic Chemical Release Reporting Rules"
    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-100, "Toxic Chemical Release Reporting Rules." The rules in this chapter establish the reporting framework to implement the Toxic Release Inventory (TRI) program pursuant to the federal Emergency Planning and Community Right-to-Know Act (EPCRA). The draft amendments are being presented after a review to fulfill the requirements of Ohio Revised Code (ORC) 106.03(5-yr review). In addition to the draft amended rules (linked below), Ohio EPA also finds OAC rules 3745-100-02, -03, and -04 to be necessary but without need of change. Ohio EPA will also be proposing to rescind OAC rule 3745-100-12 in its entirety.

    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 Wednesday, May 8, 2019. 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.

August 15, 2018
  • Availability of Draft for Comment - OAC Rule 3745-17-03, "Measurement Methods and Procedures for Particulate Matter Standards"
    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amendments to Ohio Administrative Code (OAC) rule 3745-17, "Measurement Methods and Procedures for Particulate Matter Standards." The rules in OAC Chapter 3745-17 establish requirements for the control of emissions of particulate matter from stationary emission sources. OAC rule 3745-17-03 contains the methods and procedures used to measure particulate matter emissions from stationary sources. Particulate matter is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act. The intent of these rules is to limit emissions of particulate matter to allow the state of Ohio to attain and maintain the NAAQS for particulate matter.

    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, September 14, 2018. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language (linked below) for information on the proposed changes and how to submit comments. 

November 21, 2016
  • Extension of Comment Period - Startup, Shutdown or Malfunction and Scheduled Maintenance Rules

    Due to requests for additional time to prepare comments on the Startup, Shutdown or Malfunction and Scheduled Maintenance Rules, Ohio EPA is extending the comment period through December 14, 2016.  Please see the original information below, dated October 25, 2016, for information on the proposed changes and how to submit comments.

October 25, 2016
  • Availability of Draft for Comment - Startup, Shutdown or Malfunction and Scheduled Maintenance Rules

    The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is making available a draft for comment of amended Ohio Administrative Code (OAC) Rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-17-07. Ohio’s startup, shut down or malfunction (SSM) and scheduled maintenance (SM) rules include regulations for identifying and reporting excess emissions during periods of startup, shut down or malfunction and how to how to handle scheduled maintenance of air pollution control equipment. The SSM and SM rules include portions of Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-17-07. Ohio EPA is performing this rulemaking in response to a U.S. EPA call for modifications to the rules on June 12, 2015 in 80 FR 33840. The amendments to these rules will be proposed to U.S. EPA as modifications to Ohio’s state implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS). 

    The Division of Air Pollution Control (DAPC) is requesting comments on the draft rule and the draft business impact analysis (BIA) before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments on these documents through Monday, November 28, 2016. Please see the public notice, draft business impact analysis, synopsis of changes and draft rule language (linked below) for information on the proposed changes and how to submit comments.

 

When the draft rule has completed the interested party review process, and Ohio EPA has made any additional changes based on comments received, the rules are filed with Joint Committee on Agency Rule Review (JCARR), the Secretary of State and the Legislative Service Commission (LSC). The JCARR is a legislative committee who reviews agency rules to determine if they are within the regulatory authority of the agency, if they do not conflict with any other rules of the agency or other agencies, and if the agency has completed the various paperwork required for proposing rule language (RSFA, BIA, IBR and others).
 

JCARR jurisdiction lasts 65 days. During the first 40 days of this time period, Ohio EPA will schedule and hold a public hearing on the rule and accept comments on the rule language. The following rules have been proposed to the JCARR. Please see the public notices linked to the announcements for hearing dates/times and how to submit comments:

 
 
The Division of Air Pollution Control does not have any rules proposed to the JCARR at this time.
 
 

Effective Rules

Ohio EPA air pollution regulations are located in the Ohio Administrative Code (OAC) in Chapters 3745-14 to 3745-26, 3745-31, 3745-71 to 3745-80, 3745-100 to 3745-105, 3745-108, 3745-109, and 3745-112 to 3745-114. Additional chapters are added as needed to address new laws and requirements related to air pollution control. Individual rule chapters are presented below. Clicking on the chapter link below will take you directly to the information on that particular chapter, or page down to look at all chapters.

Chapter Links

 

Questions? Email Paul Braun or call (614) 644-3734.

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