RULES: OAC Rule 3745-77-07 Permit Content under Ohio's Title V Program - Early Stakeholder Outreach
Early Stakeholder Outreach — OAC Rule 3745-77-07 Permit Content under Ohio’s Title V Program
What does OAC rule 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.
Why are these rules being sent out for Early Stakeholder Outreach?
The first step in the rule-making process is for Ohio EPA to identify that a rule needs to be amended, rescinded, or created.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 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.
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).
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 wants to add the “emergency” affirmative defense provisions back in, which will be included in paragraph (G) of OAC rule 3745-77-07.
Written comments will be accepted through close of business March 27, 2026. Please submit comments below.
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