Ohio Regulatory Updates

May 30, 2017

Ohio EPA announced it is requesting stakeholder input regarding potential amendments to Ohio EPA’s “Asbestos Emission Control” program rules. Ohio EPA is anticipating the passage of Ohio’s biennium budget for fiscal year 2018-2019 by the 132nd Ohio General Assembly in the summer of 2017. If enacted, this bill would transfer the Ohio Department of Health (ODH) asbestos program to the Ohio EPA asbestos program. This would allow the director of environmental protection to adopt the rules governing asbestos hazard abatement contractors, specialists, project designers, workers, training courses and other professionals currently existing and regulated by ODH in OAC Chapter 3701-34. This could also affect Ohio’s asbestos emission control rules in OAC Chapter 3745-20.

June 1, 2017

DAPC proposed amended rules in OAC Chapter 3745-17. That chapter establishes requirements for emissions of particulate matter from stationary sources such as fuel burning equipment, storage piles, roadways and industrial processes. The rules in this chapter are part of Ohio’s State Implementation Plan (SIP) to attain and maintain the National Ambient Air Quality Standards (NAAQS) for particulate matter as required by the Clean Air Act. Amendments made to this chapter will be submitted to U.S. EPA as an amendment to Ohio’s SIP

June 2, 2017

DAPC made available a draft for comment of amended rules in OAC Chapter 3745-103, “Acid Rain Permits and Compliance.” This chapter contains the requirements pertaining to the acid rain program for limitation of emissions of sulfur dioxide and nitrogen oxides from fossil-fuel fired electrical generating units.

June 27, 2017

Ohio EPA announced it is requesting stakeholder input regarding potential amendments to various rules in OAC Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons and Related Materials Standards. These rules establish requirements for the control of emissions of volatile organic compounds (VOCs) and carbon monoxide (CO) from stationary emission sources. Ohio EPA is considering potential amendments to OAC rules 3745- 21-01, 3745-21-09, 3745-21-10, 3745-21-26, 3745-21-28, and 3745-21-29. Additional information is available in the Stakeholder Input Request document.

June 29, 2017

Ohio EPA announced it is requesting stakeholder input regarding potential amendments to OAC rule 3745-31-03, “Exemptions and Permits-by-Rule.” This rule identifies the qualifications, exemptions and permit-by rule provisions that relieve an entity from the obligation to apply for and obtain a permit-to-install or permitto-install and operate for the installation or modification, and operation of an air contaminant source. Pursuant to industry and agency requests the Ohio EPA, Division of Air Pollution Control, is considering amendments to this rule to add an additional clarification of the qualifications under OAC rule 3745-31-03(A), revise existing permanent permit exemptions and propose additional permanent permit exemptions under OAC rule 3745-31- 03(B)(1), and to provide clarifications and corrections to several permit-by-rule provisions in OAC rule 3745-31-03(C). Ohio EPA will accept comments on potential changes to these rules through Tuesday, August 1, 2017.

July 13, 2017

DAPC announced it had completed a review of OAC chapter 3745-112, “Consumer Products Rules Program” to fulfill the requirements of Ohio Revised Code 106.03 (5-year review). The provisions of this rulemaking establish limits on the quantity of volatile VOCs that may be contained in consumer products, such as paint, cleaning products and beauty products, that are sold, supplied, offered for sale or manufactured for sale in Ohio. OAC Chapter 3745-112 has been submitted to U.S. EPA and has been accepted as part of Ohio’s SIP to attain and maintain the NAAQS. These rules are based on and similar to rules promulgated by states involved with the Ozone Transport Commission (OTC), primarily Virginia, New York and Pennsylvania. Upon the completion of the review, Ohio EPA has determined these rules remain necessary but are not in need of amendment. DAPC will accept comments through Wednesday, August 16, 2017.

July 18, 2017

Ohio EPA announced it is requesting stakeholder input regarding potential amendments to OAC Chapter 3745-110, “Nitrogen Oxides - Reasonably Available Control Technology Regulations.” These rules establish requirements for emissions of nitrogen oxides (NOx ) from very large, large, mid-size and small boilers, stationary combustion turbines, stationary internal combustion engines or reheat furnace as defined in OAC rule 3745-110-01, or that are located at a facility that emits or has the potential to emit a total of more than 100 tons per year of NOx emissions from all sources at that facility. Ohio EPA will accept comments on potential changes to these rules through Friday, August 18, 2017.

July 31, 2017

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) announced the rescission of the rules in Ohio Administrative Code (OAC) Chapters 3745-75 and 3745-105. The rules in these chapters contain the requirements for operating either an Infectious Waste Incinerator (OAC chapter 3745-75) or a Pathological Waste Incinerator (OAC Chapter 3745-105) in the state of Ohio. Infectious and pathological wastes include items such as hospital wastes and animal wastes that were likely to have been in contact with infectious agents. Ohio EPA plans to rescind all of the rules in both chapters. Currently, there is only one facility in Ohio subject to the rules specified in OAC Chapter 3745-75 and only a few facilities subject to OAC Chapter 3745-105. Upon rescission, the rules will be superseded by the Federal Plan (40 CFR Part 62, Subpart HHH), which took effect on June 12, 2013. The rescission takes effect August 10, 2017.

August 2, 2017

Ohio EPA announced that it intends to rescind Ohio EPA’s Low Reid Vapor Pressure Fuel Requirements rules. OAC Chapter 3745-72 establishes the low Reid Vapor Pressure (RVP) fuel requirements. These rules control emissions of VOCs to help the Cincinnati and Dayton areas in their attainment of the NAAQS for ozone. VOCs are precursor compounds, which, along with NOx , can form ozone. Ozone is one of the six criteria pollutants for which a NAAQS has been established under the Clean Air Act. Ohio EPA is considering rescinding all of the rules in OAC Chapter 3745-72. These rules are no longer necessary, as U.S. EPA approved the removal of the low RVP fuel requirements in the Cincinnati and Dayton areas on April 7, 2017.

Federal Regulatory Updates

April 7, 2017

EPA published notices in the Federal Register announcing approval of the redesignation of the Ohio portion of the CincinnatiHamilton, OH-IN-KY nonattainment area to attainment of the 1997 fine particulate matter (PM2.5) annual NAAQS and it’s approval of removal of the gasoline volatility requirements in the Cincinnati and Dayton areas.

May 11, 2017

EPA published notice in the Federal Register of the approval of Ohio EPA’s SIP submittal modifying the VOC rules in the Ohio Administrative Code. The changes to these rules are based on an Ohio-initiated five-year periodic review of its VOC rules and a new rule to update the VOC reasonably available control technology (RACT) requirements for the miscellaneous metal and plastic parts coatings source category for the Cleveland-Akron-Lorain area consisting of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit counties. Additionally, EPA proposes to approve into the Ohio SIP an oxides of nitrogen (NOx ) emission limit for Arcelor-Mittal Cleveland that Ohio is using as an offset in its CAA section 110(l) anti-backsliding demonstration for architectural aluminum coatings.

May 31, 2017

EPA proposed acceptance of Ohio EPA’s submittal requesting that EPA redesignate the Cleveland area to attainment for the 2008 NAAQS for lead. EPA determined the Cleveland area meets the requirements for redesignation and is also proposing to approve several additional related actions. EPA is proposing to approve, as revisions to the Ohio SIP, reasonably available control measure/reasonably available control technology (RACM/RACT) requirements, emissions inventory requirements and the state’s plan for maintaining the 2008 lead NAAQS through 2030 for the area.