RULES: Greenhouse Gas Tailoring Rules - Early Stakeholder Outreach
What does OAC Rules 3745-31-34 and 3745-77-11 cover?
Rules 3745-31-34 and 3745-77-11 of the Ohio Administrative Code (OAC) contains 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.
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The first step in the rule-making process is for Ohio EPA to identify that a rule needs to be amended, rescinded, or created.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?
Ohio EPA will be performing a general review of the rules in this chapter to fulfill the requirements of ORC 119.032 (5-year review). In addition, on March 31, 2011, Ohio EPA’s GHG reporting rules, OAC rules 3745-31-34 and 3745-77-11, became effective as part of Ohio’s New Source Review (NSR) and Title V permitting programs. The rules were subsequently submitted to USEPA with a request to make them part of Ohio’s State Implementation Plan (SIP). USEPA never approved the rules into Ohio’s NSR and Title V programs due to concerns with parts of the language. Ohio EPA is proposing to make revisions that will address USEPA concerns to allow approvability of these regulations.
Who is regulated by these rules?
Sources regulated by these rules include “major sources” of greenhouse gases emitting any of the six gases individually or in combination exceeding a CO2 equivalent quantity established in these rules.
What is the rulemaking schedule?
Upon completion of the Early Stakeholder Outreach portion of this rulemaking, Ohio EPA will make any changes necessary to the rule language and make a draft of the rule language available to the public for a 30-day review.
How can I provide input?
The agency is seeking stakeholder input on these rules. When preparing your comments, be sure to:
· explain your views as clearly as possible;
· describe any assumptions used;
· provide any technical information and/or data used to support your views;
· explain how you arrived at your estimate for potential burdens, benefits or costs;
· provide specific examples to illustrate your views; and
· offer alternatives.
Written comments will be accepted until 5 p.m. on November 5, 2026
There are two options for submitting your comments below or by postal mail to Jennifer Van Vlerah, Ohio EPA – Division of Air Pollution Control, PO Box 1049, Columbus, Ohio 43216-1049.
What input is the agency seeking?
The following questions may help guide you as you develop your comments.
· Is the general regulatory framework proposed the most appropriate? Should the agency consider any alternative framework?
· What options are available for improving the existing rules?
· Are there considerations the agency should take into account when updating the existing rules?
· Is there any information or data the agency should be aware of when developing program concepts or rule language?
How can I get more information?
Information is available on the Ohio EPA Division of Air Pollution Control website:
What does OAC Rules 3745-31-34 and 3745-77-11 cover?
Rules 3745-31-34 and 3745-77-11 of the Ohio Administrative Code (OAC) contains 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.
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?
Ohio EPA will be performing a general review of the rules in this chapter to fulfill the requirements of ORC 119.032 (5-year review). In addition, on March 31, 2011, Ohio EPA’s GHG reporting rules, OAC rules 3745-31-34 and 3745-77-11, became effective as part of Ohio’s New Source Review (NSR) and Title V permitting programs. The rules were subsequently submitted to USEPA with a request to make them part of Ohio’s State Implementation Plan (SIP). USEPA never approved the rules into Ohio’s NSR and Title V programs due to concerns with parts of the language. Ohio EPA is proposing to make revisions that will address USEPA concerns to allow approvability of these regulations.
Who is regulated by these rules?
Sources regulated by these rules include “major sources” of greenhouse gases emitting any of the six gases individually or in combination exceeding a CO2 equivalent quantity established in these rules.
What is the rulemaking schedule?
Upon completion of the Early Stakeholder Outreach portion of this rulemaking, Ohio EPA will make any changes necessary to the rule language and make a draft of the rule language available to the public for a 30-day review.
How can I provide input?
The agency is seeking stakeholder input on these rules. When preparing your comments, be sure to:
· explain your views as clearly as possible;
· describe any assumptions used;
· provide any technical information and/or data used to support your views;
· explain how you arrived at your estimate for potential burdens, benefits or costs;
· provide specific examples to illustrate your views; and
· offer alternatives.
Written comments will be accepted until 5 p.m. on November 5, 2026
There are two options for submitting your comments below or by postal mail to Jennifer Van Vlerah, Ohio EPA – Division of Air Pollution Control, PO Box 1049, Columbus, Ohio 43216-1049.
What input is the agency seeking?
The following questions may help guide you as you develop your comments.
· Is the general regulatory framework proposed the most appropriate? Should the agency consider any alternative framework?
· What options are available for improving the existing rules?
· Are there considerations the agency should take into account when updating the existing rules?
· Is there any information or data the agency should be aware of when developing program concepts or rule language?
How can I get more information?
Information is available on the Ohio EPA Division of Air Pollution Control website:
https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/effective-rules
Contact
For more information about this rulemaking, contact Jennifer Van Vlerah at Jennifer.vanvlerah@epa.ohio.gov or 614-644-3696.
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