RULES: OAC rule 3745-77-07 Title V Permit Content - Interested Party Review
Interested Party Review — Permit Content under Ohio's Title V Program - OAC rule 3745-77-07
What does OAC Chapter 3745-77-07 cover?
Rule 3745-77-07 of the Ohio Administrative Code (OAC) is the rule governing the contents of Title V Permits. Historically, it included provisions for emergency affirmative defense. Under Title V of the Clean Air Act, Ohio is required to develop an operating permit program for major sources of air pollution. The operating permit program streamlines the way federal, state, tribal and local authorities regulate air polluting by consolidating all air pollution control requirements into a single, comprehensive “operating permit” that covers all aspects of a source’s year-to-year air pollution activities.
What step is this in the rulemaking process?
This step in Ohio EPA’s rulemaking process, required by Ohio Revised Code (ORC) 121.39, is called Interested Party Review. During this step, the Agency makes available draft rules for interested parties for review and comment. This step occurs after the Early Stakeholder Outreach comment period.
What changes are being considered?
U.S. EPA published a final rule on July 21, 2023, removing the “emergency” affirmative defense provisions from the U.S. EPA's Part 70 operating permit program regulations at 40 CFR 70.6(g). This action required Ohio EPA to remove the affirmative defense provisions from Ohio EPA’s Title V rules.
On September 5, 2025, the D.C. Circuit Court of Appeals in SSM Litigation Group v. Environmental Protection Agency, et al., Case No. 23-1267 (D.C. Cir. 2025), reversed U.S. EPA’s rescission of the narrow affirmative defense under Title V of the Clean Air Act. This defense protects stationary sources – such as manufacturing facilities and refineries – from liability for violations of Clean Air Act emission limitations under Title V when the violation is a result of emergency events.
Ohio EPA believes it is appropriate to add the “emergency” affirmative provisions back in to the Title V rules, which will be included in paragraph (G) of OAC rule 3745-77-07.
Interested Party Review — Permit Content under Ohio's Title V Program - OAC rule 3745-77-07
What does OAC Chapter 3745-77-07 cover?
Rule 3745-77-07 of the Ohio Administrative Code (OAC) is the rule governing the contents of Title V Permits. Historically, it included provisions for emergency affirmative defense. Under Title V of the Clean Air Act, Ohio is required to develop an operating permit program for major sources of air pollution. The operating permit program streamlines the way federal, state, tribal and local authorities regulate air polluting by consolidating all air pollution control requirements into a single, comprehensive “operating permit” that covers all aspects of a source’s year-to-year air pollution activities.
What step is this in the rulemaking process?
This step in Ohio EPA’s rulemaking process, required by Ohio Revised Code (ORC) 121.39, is called Interested Party Review. During this step, the Agency makes available draft rules for interested parties for review and comment. This step occurs after the Early Stakeholder Outreach comment period.
What changes are being considered?
U.S. EPA published a final rule on July 21, 2023, removing the “emergency” affirmative defense provisions from the U.S. EPA's Part 70 operating permit program regulations at 40 CFR 70.6(g). This action required Ohio EPA to remove the affirmative defense provisions from Ohio EPA’s Title V rules.
On September 5, 2025, the D.C. Circuit Court of Appeals in SSM Litigation Group v. Environmental Protection Agency, et al., Case No. 23-1267 (D.C. Cir. 2025), reversed U.S. EPA’s rescission of the narrow affirmative defense under Title V of the Clean Air Act. This defense protects stationary sources – such as manufacturing facilities and refineries – from liability for violations of Clean Air Act emission limitations under Title V when the violation is a result of emergency events.
Ohio EPA believes it is appropriate to add the “emergency” affirmative provisions back in to the Title V rules, which will be included in paragraph (G) of OAC rule 3745-77-07.
What if I have questions?
These rules can be found on Ohio EPA’s website for electronic downloading at: DAPC Interested Party Review | Ohio Environmental Protection Agency or contact Olivia DiGiovine, 614-974-2112, Olivia.digiovine@epa.ohio.gov.
Contact Information
*Indicates Required Fields