RULES: OAC Chapter 3745-80 Statewide Motor Vehicle Anti-tampering Program Rules - Interested Party Review
Interested Party Review — Statewide Motor Vehicle Anti-Tampering Program, OAC Chapter 3745-80
What does OAC Chapter 3745-80 cover?
Chapter 3745-80 of the Ohio Administrative Code (OAC) contains the requirements for Ohio’s motor vehicle anti-tampering program. OAC Chapter 3745-80 contains three rules relating to the prohibition on tampering with or disabling emission control equipment on motor vehicles and the requirements for inspections of vehicles to determine if tampering has occurred. These rules implement a portion of Title II of the Clean Air Act (CAA) in the state of Ohio.
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?
Most changes are minor and do not affect the scope or intent of the rules. More substantive changes include:
OAC 3745-80-01(M) added “repair” to include repairs in the definition of “Motor vehicle facility”.
OAC 3745-80-02(H)(1) added new language to include “off-road” vehicles to apply to that modify their emissions control equipment to non-manufacturer’s specifications. They are to be used for race and off-road purposes only. “Off road” vehicles were added because of the increase of these types of vehicles, such as, mud trucks, sand buggies, sand rails, all-terrain vehicles etc. that can also be driven on roadways.
OAC 3745-80-02(I) added existing exemptions in Section 3704.16(D)(1) and (2) for selling tampered vehicles for auctioneers and to include the dealership allowances made to the ORC 3704.16(D)(3) that became effective April 9, 2025. These latest changes allows dealerships to sell tampered vehicles to other dealerships at auto auctions provided the dealerships disclose, announce and identify tampered vehicles properly during the auction process.
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Interested Party Review — Statewide Motor Vehicle Anti-Tampering Program, OAC Chapter 3745-80
What does OAC Chapter 3745-80 cover?
Chapter 3745-80 of the Ohio Administrative Code (OAC) contains the requirements for Ohio’s motor vehicle anti-tampering program. OAC Chapter 3745-80 contains three rules relating to the prohibition on tampering with or disabling emission control equipment on motor vehicles and the requirements for inspections of vehicles to determine if tampering has occurred. These rules implement a portion of Title II of the Clean Air Act (CAA) in the state of Ohio.
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?
Most changes are minor and do not affect the scope or intent of the rules. More substantive changes include:
OAC 3745-80-01(M) added “repair” to include repairs in the definition of “Motor vehicle facility”.
OAC 3745-80-02(H)(1) added new language to include “off-road” vehicles to apply to that modify their emissions control equipment to non-manufacturer’s specifications. They are to be used for race and off-road purposes only. “Off road” vehicles were added because of the increase of these types of vehicles, such as, mud trucks, sand buggies, sand rails, all-terrain vehicles etc. that can also be driven on roadways.
OAC 3745-80-02(I) added existing exemptions in Section 3704.16(D)(1) and (2) for selling tampered vehicles for auctioneers and to include the dealership allowances made to the ORC 3704.16(D)(3) that became effective April 9, 2025. These latest changes allows dealerships to sell tampered vehicles to other dealerships at auto auctions provided the dealerships disclose, announce and identify tampered vehicles properly during the auction process.
What if I have questions?
These rules can be found on Ohio EPA’s website for electronic downloading at: https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/effective-rules/dapc-effective-rules or contact Olivia DiGiovine, 614-974-2112, Olivia.digiovine@epa.ohio.gov.
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