Public Comment Form

RULES: Acid Rain Permits and Compliance - Interested Party Review

Interested Party Review - Acid Rain Permits and Compliance Rules - OAC Chapter 3745-103


What does Chapter 3745-103 cover?
Chapter 3745-103 of the Ohio Administrative Code (OAC) contains the requirements relating to the Acid Rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units. The rules also contain the requirements for applications for and issuing acid rain permits in accordance with Title 40 of the Code of Federal Regulations (CFR) Part 76 and Title IV of the Clean Air Act.

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 will perform a general review of the rules in this chapter to fulfill the requirements of Ohio Revised Code (ORC) 106.03 (5-year review). Ohio EPA will make specific changes to update outdated language for submittals required in the rules. New language will reflect current electronic methods of communication for submitted documents. Ohio EPA is not aware, at this time, of any major changes necessary to these rules, but will make changes as necessary based on the results of the review.

Who will be regulated by these rules?
The rules in OAC Chapter 3745-103 apply to new and existing electric generating facilities with capacities greater than 25 MWe that produce electricity for sale.

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).

How can I get more information?
Copies of this fact sheet, CSI form and the draft rules are on the Division of Air Pollution Control’s website at: https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/interested-party-review.  

Comments on the draft rules must be received no later than 5 p.m. June 12, 2025.




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