Division of Air Pollution Control Rules and Laws

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

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

Ohio EPA air pollution control regulations are located in the OAC in chapters 3745-14 to 3745-26, 3745-31, 3745-71 to 3745-73, 3745-77 to 3745-80, 3745-100, 3745-103, 3745-104, 3745-107, and 3745-110 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:
 

 
 
September 23, 2021
  • Stakeholder Input Requested on Rulemaking - OAC Chapter 3745-113 "Architectural and Industrial Maintenance Coatings"
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-113, "Architectural and Industrial Maintenance Coatings." The rules in this chapter establish requirements on the quantity of volatile organic compounds (VOCs) contained in architectural and industrial maintenance (AIM) coatings that are sold, supplied, offered for sale, or manufactured for sale in the state of Ohio. VOCs are a precursor compound which, along with oxides of nitrogen (NOx) can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) have been established under the Clean Air Act.  

    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, October 26, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

August 5, 2021
 
  • Stakeholder Input Requested on Rulemaking - 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." The rules in this chapter establish limits on the quantity of volatile organic compounds (VOCs) that may be contained in consumer products, such as cleaning products, personal care products, and home, lawn, and garden products, that are sold, supplied, offered for sale or manufactured for sale in the state of Ohio. 

    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, September 8, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

July 21, 2021
 
  • Stakeholder Input Requested on Rulemaking - OAC Chapter 3745-103 – Acid Rain Permits and Compliance Rules
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-103, "Acid Rain Permits and Compliance Rules." Chapter 3745-103 of the Ohio Administrative Code (OAC) contains the requirements pertaining to the Acid Rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. The rules also contain the requirements for applications for and issuance of acid rain permits in accordance with 40 CFR Part 76 and Title IV of the Clean Air Act.  

    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, August 20, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

April 16, 2021 
  • Stakeholder Input Requested on Rulemaking - OAC Ch. 3745-24, "NOx and VOC Emission Statements Rules"
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-24, "NOx and VOC Emission Statements Rules." The rules in this chapter contain the requirements for the submission of emission statements for any facility that emits twenty-five tons or more of oxides of nitrogen (NOx) or twenty-five tons or more of volatile organic compounds (VOC) during the calendar year and is located in a county designated as nonattainment for the National Ambient Air Quality Standards for ozone.

    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 18, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

  • Stakeholder Input Requested on Rulemaking - OAC Ch. 3745-78, "Air Pollution Control Fees Rules"
    Ohio EPA is requesting stakeholder input on potential amendments to rules in Ohio Administrative Code (OAC) Chapter 3745-78, "Air Pollution Control Fees Rules." The rules in this chapter require owners or operators of certain air permits to submit air pollution emissions data to the director so that emissions fees can be calculated. Title V facilities are required to submit actual emissions data on an annual basis. Non-Title V facilities are required to submit actual emissions data on a bi-annual basis.  Title V facilities are facilities with a potential to emit of any one regulated air pollutant of greater than or equal to one hundred tons per year, or any one hazardous air pollutant (HAP) greater than or equal to ten tons per year, or any combination of HAPs greater than twenty-five tons per year. The rules also require that the owner or operator of these facilities pay fees as specified in division (C) of section 3745.11 of the Revised Code.

    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 18, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

April 14, 2021
  • Stakeholder Input Requested on Rulemaking - OAC Ch. 3745-107, "Affordable Clean Energy Program Rules"
    Ohio EPA is requesting stakeholder input on potential recission of rules in Ohio Administrative Code (OAC) Chapter 3745-107, "Affordable Clean Energy Program Rules." The Affordable Clean Energy rule (ACE), finalized by the United States Environmental Protection Agency on July 8, 2019 (84 FR 32520), consists of emission guidelines for greenhouse gas (GHG) emissions from existing electric utility generating units (EGUs) under Clean Air Act (CAA) section 111(d) that will inform states on the development, submittal, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel fired EGUs.

    Ohio EPA is considering rescinding all of the rules in OAC Chapter 3745-107. OAC Chapter 3745-107 was developed to implement federal requirements to establish greenhouse gas performance standards at existing coal-fired EGUs under the ACE Rule {84 FR 32520}. On January 19, 2021 the United States Court of Appeals (USCOA) for the District of Columbia Circuit issued a ruling on USCOA Case #19-1140 vacating U.S. EPA’s ACE Rule. With this vacature, OAC Chapter 3745-107 is not applicable to any sources in the State of Ohio and therefore these rules are no longer necessary.

    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, May 14, 2021. Please see the stakeholder input request for information on the potential rulemaking and instructions on how to submit comments.

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.

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.

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.

 

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:

 
 
September 16, 2021
 
  • Availability of Draft for Comment - OAC Ch. 3745-71, "Lead Emission Rules"
    The Division of Air Pollution Control (DAPC) is making available for public comment rule language and a draft of the business impact analysis (BIA) document for potential rescission of rules in Ohio Administrative Code (OAC) Chapter 3745-71, "Lead Emission Rules." The rules in this chapter contain the requirements for ascertaining, defining and measuring ambient air quality related to emissions of lead. Historically, these rules regulated a single lead source in Ohio but the rules specific to this source were previously rescinded due to the permanent shutdown of the lead source. The only remaining rules in this chapter identify the method used to measure ambient air quality and definitions associated with that rule.

    On June 16, 2021 (86 FR 31926), USEPA approved removing these rules from Ohio’s state implementation plan (SIP). USEPA removed the rules at the request of Ohio because the facilities specifically regulated by the rules are permanently shutdown and sampling requirements in the rules are duplicated elsewhere in Ohio’s air pollution control rules. Ohio EPA is now rescinding the rules because they are no longer necessary.

    DAPC is requesting comments on the potential rescission of the rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, October 19, 2021. Please see the rule language, public notice, and draft business impact analysis (linked below) for information on the rule review and how to submit comments.

July 29, 2021
 
  • Availability of Draft for Comment - OAC Chapter 3745-31, "Permits-to-Install New Sources and Permit-to-Install and Operate Program "
    The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended 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.

    DAPC is requesting comments on the draft rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, August 31, 2021. Please see the draft rule language, public notice, and draft business impact analysis (linked below) for information on the rule review and how to submit comments.

    • Public Notice
    • Synopsis of Changes
    • Draft Business Impact Analysis (BIA) Form
    • 3745-31-01 Definitions
    • 3745-31-02 Applicability, Requirements and Obligations
    • 3745-31-03 Exemptions 
    • 3745-31-05 Criteria for Decision by the Director
    • 3745-31-06 Completeness Determinations, Processing Requirements, Public Participation, Public Notice and Issuance
    • 3745-31-07 Termination, Revocation, Expiration, Renewal, Revision and Transfer
    • 3745-31-09 Variances on Operation
    • 3745-31-10 NSR Projects at Existing Emissions Units at a Major Stationary Source
    • 3745-31-11 Attainment Provisions - Ambient Air Increments, Ceilings and Classifications
    • 3745-31-12 Attainment Provisions - Data Submission Requirements
    • 3745-31-13 Attainment Provisions - Review of Major Stationary Sources and Major Modifications, Stationary Source Applicability and Exemptions
    • 3745-31-14 Attainment Provisions - Pre-application Analysis
    • 3745-31-15 Attainment Provisions - Control Technology Review
    • 3745-31-16 Attainment Provisions - Major Stationary Source Impact Analysis
    • 3745-31-17 Attainment Provisions - Additional Impact Analysis
    • 3745-31-18 Attainment Provisions - Air Quality Models
    • 3745-31-19 Attainment Provisions - Notice to the United States Environmental Protection Agency
    • 3745-31-20 Attainment Provisions - Innovative Control Technology
    • 3745-31-21 Nonattainment Provisions - Review of Major Stationary Sources and Major Modifications - Stationary Source Applicability and Exemptions
    • 3745-31-22 Nonattainment Provisions - Conditions for Approval
    • 3745-31-23 Nonattainment Provisions - Stationary Sources Locating in Designated Clean or Unclassifiable Areas Which Would Cause or Contribute to a Violation of a National Ambient Air Quality Standard
    • 3745-31-24 Nonattainment Provisions - Baseline for Determining Credit for Emission and Air Quality Offsets
    • 3745-31-25 Nonattainment Provisions - Location of Offsetting Emissions
    • 3745-31-26 Nonattainment Provisions - Offset Ratio Requirements
    • 3745-31-27 Nonattainment Provisions - Administrative Procedures for Emissions Offsets
    • 3745-31-28 Review of Major Stationary Sources of Hazardous Air Pollutants Requiring MACT Determinations
    • 3745-31-29 General Permit-to-Install and General PTIO
    • 3745-31-30 Permits-by-rule
    • 3745-31-32 Plant-wide Applicability Limit
May 20, 2021
  • Availability of Draft for Comment - OAC Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology Regulations"
    The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended rules in Ohio Administrative Code (OAC) Chapter 3745-110, "Nitrogen Oxides - Reasonably Available Control Technology Regulations." The rules in this Chapter 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 furnaces as defined in OAC rule 3745-110-01, or sources 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. NOx is a precursor compound which, along with volatile organic compounds (VOCs) can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act.

    DAPC is requesting comments on the draft rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Tuesday, June 22, 2021. Please see the draft rule language, public notice, and draft business impact analysis (linked below) for information on the rule review and how to submit comments.

May 17, 2021
  • Availability of Draft for Comment - OAC Ch. 3745-21, "Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards"
    The Division of Air Pollution Control (DAPC) is making available for public comment draft rule language and a draft of the business impact analysis (BIA) document for amended, new and no-change 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 and CO are two 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 VOCs and CO to allow the state of Ohio to attain and maintain the NAAQS for ozone and CO.

    DAPC is requesting comments on the draft rules and the draft BIA document before DAPC proposes the rules to the Joint Committee on Agency Rule Review (JCARR). DAPC will be accepting comments through Friday, June 18, 2021. Please see the draft rule language, public notice, and draft business impact analysis (linked below) for information on the rule review and how to submit comments.

    • Public Notice
    • Draft Business Impact Analysis (BIA) Form
    • Synopsis of Changes
    • 3745-21-01 Definitions
    • 3745-21-04 Compliance Time Schedules
    • 3745-21-07 Control of Emissions of Organic Materials from Stationary Sources
    • 3745-21-09 Control of Emissions of Volatile Organic Compounds from Stationary Sources and Perchloroethylene from Dry Cleaning Facilities 
    • 3745-21-10 Compliance Test Methods and Procedures
    • 3745-21-11 Reasonably available control technology studies for ozone nonattainment areas
    • 3745-21-15 Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations
    • 3745-21-18 Commercial Motor Vehicle and Mobile Equipment Refinishing Operations
    • 3745-21-19 Control of Volatile Organic Compound Emissions from Aerospace Manufacturing and Rework Facilities
    • 3745-21-20 Control of Volatile Organic Emissions from Shipbuilding and Ship Repair Operations (Marine Coatings)
    • 3745-21-21 Storage of Volatile Organic Liquids in Fixed Roof Tanks and External Floating Roof Tanks
    • 3745-21-22 Control of Volatile Organic Compound Emissions from Offset Lithographic Printing and Letterpress Printing Facilities
    • 3745-21-23 Control of Volatile Organic Compound Emissions from Industrial Solvent Cleaning Operations
    • 3745-21-24 Flat Wood Paneling Coatings
    • 3745-21-25 Control of Volatile Organic Compound Emissions from Reinforced Plastic Composites Production Operations  
    • 3745-21-26 Surface coating of miscellaneous metal and plastic parts
    • 3745-21-27 Boat Manufacturing
    • 3745-21-28 Miscellaneous Industrial Adhesives and Sealants
    • 3745-21-29 Control of Volatile Organic Compound Emissions from Automobile and Light-duty Truck Assembly Coating Operations, Heavier Vehicle Assembly Coating Operations and Cleaning Operations Associated with These Coating Operations
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.

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: 

 
 
November 10, 2021
  • Proposal of Amended Rules -  OAC Chapter 3745-79, "Small Business Technical Assistance Rules"
    The Division of Air Pollution Control (DAPC) has proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-79, "Small Business Technical Assistance Rules" to the Joint Comittee on Agency Rule Review (JCARR). The rules in this chapter fulfill a mandate of Section 507 of the 1990 Clean Air Act Amendments 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.

    Ohio EPA will be holding both a virtual and in-person public hearing on the new rules and draft 110(l) documents on Friday, December 17, 2021 at 11:00 a.m. Please see the public notice below for information on the in-person hearing and how to register for the virtual hearing.

    Please see the public hearing notice, proposed rule language and the synopsis of changes (linked below) for information on the proposed changes and how to submit comments/attend the hearing.

November 9, 2021
November 2, 2021 
  • Proposal of Amended Rules - Agencywide Update of Outdated Modes of Communication
    The Ohio EPA has made changes to rules agencywide to update rule language for outdated modes of communication. For information on the ruolemaking and associated public hearing, please see the agencywide rulemaking page: Outdated Modes of Communication
 

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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