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Ohio EPA Proposes to Adopt Rules Consistent with Federal Greenhouse Gas Tailoring Rule

Written by Kristin Watt | Jan 7, 2011 2:40:42 PM

Ohio EPA DAPC emailed the following notice of proposed rulemaking:

"Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) is proposing new Ohio Administrative Code (OAC) rules 3745-31-34 and 3745-77-11 to the Joint Committee on Agency Rule Review (JCARR). The intent of these new rules is to adopt rules that are consistent with, and no more stringent than, the Federal Greenhouse Gas Tailoring Rule (75 FR 31514, June 3, 2010). and limit authority to permit greenhouse gases under the federally approved Ohio New Source Review and Title V operating permit regulations to the levels established in the greenhouse gas tailoring rule (75 FR 82536, December 30, 2010 and 75 FR 82254, December 30, 2010 respectively).

"These rules are available on Ohio EPA's Web page for electronic downloading. The URL is: http://www.epa.ohio.gov/dapc/regs/regs.html . Questions regarding accessing the web site should be directed to Arunee Niamlarb at 614-728-1342; other questions or comments about these rules should be directed to Mike Ahern at Ohio EPA, (614) 644-3631, mike.ahern@epa.state.oh.us or mailed to Mike Ahern, Ohio EPA, Division Air Pollution Control, Lazarus Government Center, P.O. Box 1049, Columbus, Ohio 43216-1049."
 

 "On December 30, 2010, these rules were adopted as emergency rules via the Governor's executive order 2010-15S. The rule language, as proposed to JCARR will permanently adopt the emergency language and includes minor changes and additions to clarify the emergency rule language and fix a typo in the applicable date of the rules.

"Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these new rules will be conducted on February 11, 2011 at 1:30 PM at Ohio EPA, Lazarus Government Center, 50 W. Town Street, Suite 700, Columbus, Ohio. All visitors to Ohio EPA must register at the Security desk in the lobby upon arrival. Please bring photo identification (such as a valid driver's license). For security reasons, visitor's are required to wear their badge at all times while in the building. Please arrive early to complete these procedures.

"Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The above-mentioned OAC Chapter 3745-31 rules will be incorporated as a part of Ohio's SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP. The above-mentioned hearing shall be considered the public hearing for the SIP submittal.

"Pursuant to Title V of the Clean Air Act, Ohio EPA has established an approved Title V permit program (OAC Chapter 3745-77) for "major sources" and "affected sources" (as defined in 40 CFR Part 70) for sources that are located in Ohio. The above mentioned OAC Chapter 3745-77 rules will be incorporated as a part of Ohio's approved Title V program and the proposed amendments will be submitted to USEPA as a modification of the approved program. The above mentioned hearing shall be considered the public hearing for the approved program submittal.

"All interested persons are entitled to attend or be represented at the hearing and give written or oral comments on these rule changes. All oral comments presented at the hearing, and all written statements submitted at the hearing or by the close of business on February 11, 2011, will be considered by Ohio EPA prior to final action on this rule. Written statements submitted after February 11, 2011, may be considered as time and circumstances permit, but will not be part of the official record of the hearing."