RULES: Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills
Interested Party Review — OAC Chapter 3745-76, Control of Non-Methane Organic Compound (NMOC) Emissions from Existing Landfills
What does OAC 3745-76 cover?
Chapter 3745-76 of the Ohio Administrative Code (OAC) contains the requirements for the control on non-methane organic compound (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 apply to landfills that accepted waste after November 8, 1987 and on or before July 17, 2014. The Federal Plan implements the Emission Guidelines. These rules are part of Ohio’s plan to control NMOC emissions from these landfills under the Clean Air Act Section 111(d), 40 CFR Part 60, Subpart Cf and 40 CFR Part 62, Subpart OOO.
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?
Ohio EPA is considering rescinding all of the rules in OAC Chapter 3745-76. OAC Chapter 3745-76 was developed to implement federal requirements to establish NMOC emission standards. On May 21, 2021 U.S. EPA promulgated the Federal Plan, 40 CFR Part 62, Subpart OOO, for existing landfills that commenced construction, reconstruction, or modification on or before July 17, 2014. Ohio EPA is currently pursuing a Memorandum of Agreement with U.S. EPA to have delegation and enforcement of the Federal Plan. Therefore, these rules will no longer be necessary. The final recission of these rules will occur after the Memorandum of Agreement is in place.
Who will be regulated by these rules?
These rules are applicable to existing landfill facilities 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, and on or before July 17, 2014.
What is the rulemaking schedule?
Upon completion of the Interested Party Review portion of this rulemaking, Ohio EPA will make any changes necessary to the rule language. After considering comments, the rules will be filed with JCARR (Joint Committee on Agency Rule Review).
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