RULES: Title V Permit Content - Affirmative Defense Provisions - 3745-77-07
Public Notice - Proposed Rulemaking Governing
Ohio Administrative Code (OAC) Rule 3745-77-07, Title V Permit Content
Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 3704.03(E), 3704.03(G), 3704.03(X), 3704.036 of the Ohio Revised Code and in accordance with Chapter 119, proposes to amend the following rule of the Ohio Administrative Code:
OAC rule 3745-77-07 – Title V Permit Content
The rules in OAC Chapter 3745-77 address Ohio’s requirements under Title V of the Clean Air Act (CAA). Title V of the CAA requires each state to develop a permit-to-operate (PTO) system and emission fee program for major sources of air pollution. Ohio’s rules for this program became effective on April 20, 1994. The Title V permit for major sources is enforceable by Ohio EPA and U.S. EPA. Major sources must certify compliance with the terms of their permits annually.
U.S. EPA published a final rule on July 21, 2023 removing the “emergency” affirmative defense provisions from the U.S. EPA's Title V operating permit program regulations at 40 CFR 70.6(g). As part of the revisions, DAPC has revised Ohio’s Title V program to remove these provisions, which are included in paragraph (G) of OAC rule 3745-77-07. Ohio EPA has removed (reserved) paragraph (G) in its entirety.
Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties affected by the rules before the Division formally adopts them. On November 13, 2024, these rules went out for a 30-day review by interested parties. Please see the rule synopsis, available electronically at the web address below, for a complete summary of the proposed rule amendments.
The public comment period will run until April 11, 2025. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will be holding an in-person and virtual public hearing on the rules on April 11, 2025, at 10:30am. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually and verbally if participating in person.
Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio43216- 1049, (614) 644-2160 or by emailing Dina.Pierce@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony can be entered or uploaded below, or can be sent to the attention of Mr. Michael Maleski at the Division of Air Pollution Control (DAPC), P.O. Box 1049, Columbus Ohio 43216-1049. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on April 11, 2025, will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
Questions regarding this rule package should be directed to Mr. Michael Maleski, at the Division of Air Pollution Control, at (614) 644-3613.
To receive a copy of the proposed rules, please contact the DAPC receptionist at (614) 644-4830. In addition, full copies of all proposed rules are available for review at any Ohio EPA district office and at the Ohio EPA central office. The proposed rules are also accessible on the DAPC web page at https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/proposed-rules.
Public Notice - Proposed Rulemaking Governing
Ohio Administrative Code (OAC) Rule 3745-77-07, Title V Permit Content
Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 3704.03(E), 3704.03(G), 3704.03(X), 3704.036 of the Ohio Revised Code and in accordance with Chapter 119, proposes to amend the following rule of the Ohio Administrative Code:
OAC rule 3745-77-07 – Title V Permit Content
The rules in OAC Chapter 3745-77 address Ohio’s requirements under Title V of the Clean Air Act (CAA). Title V of the CAA requires each state to develop a permit-to-operate (PTO) system and emission fee program for major sources of air pollution. Ohio’s rules for this program became effective on April 20, 1994. The Title V permit for major sources is enforceable by Ohio EPA and U.S. EPA. Major sources must certify compliance with the terms of their permits annually.
U.S. EPA published a final rule on July 21, 2023 removing the “emergency” affirmative defense provisions from the U.S. EPA's Title V operating permit program regulations at 40 CFR 70.6(g). As part of the revisions, DAPC has revised Ohio’s Title V program to remove these provisions, which are included in paragraph (G) of OAC rule 3745-77-07. Ohio EPA has removed (reserved) paragraph (G) in its entirety.
Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties affected by the rules before the Division formally adopts them. On November 13, 2024, these rules went out for a 30-day review by interested parties. Please see the rule synopsis, available electronically at the web address below, for a complete summary of the proposed rule amendments.
The public comment period will run until April 11, 2025. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will be holding an in-person and virtual public hearing on the rules on April 11, 2025, at 10:30am. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually and verbally if participating in person.
Citizens who want to participate virtually must register in advance for the meeting at: https://register.gotowebinar.com/register/5670839418100278877
Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio43216- 1049, (614) 644-2160 or by emailing Dina.Pierce@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony can be entered or uploaded below, or can be sent to the attention of Mr. Michael Maleski at the Division of Air Pollution Control (DAPC), P.O. Box 1049, Columbus Ohio 43216-1049. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on April 11, 2025, will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
Questions regarding this rule package should be directed to Mr. Michael Maleski, at the Division of Air Pollution Control, at (614) 644-3613.
To receive a copy of the proposed rules, please contact the DAPC receptionist at (614) 644-4830. In addition, full copies of all proposed rules are available for review at any Ohio EPA district office and at the Ohio EPA central office. The proposed rules are also accessible on the DAPC web page at https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/proposed-rules.
To request a reasonable accommodation due to a disability, visit https://epa.ohio.gov/ada
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