Proposed Rule2026-00258
Air Plan Approval; Ohio; Ohio Permit Rules Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 9, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to Ohio air permitting rules into the State Implementation Plan (SIP) under the Clean Air Act (CAA). These revisions represent changes to the air permitting rules the Ohio Environmental Protection Agency (Ohio EPA) adopted on March 1, 2023, and July 25, 2025, which became effective at the State level on March 11, 2023, and August 14, 2025, respectively. These revisions will result in consistent requirements of rules at both the State and Federal level.
Full Text
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<title>Federal Register, Volume 91 Issue 6 (Friday, January 9, 2026)</title>
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[Federal Register Volume 91, Number 6 (Friday, January 9, 2026)]
[Proposed Rules]
[Pages 937-940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00258]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2025-0143; FRL-13000-01-R5]
Air Plan Approval; Ohio; Ohio Permit Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to Ohio air permitting rules into the State
Implementation Plan (SIP) under the Clean Air Act (CAA). These
revisions represent changes to the air permitting rules the Ohio
Environmental Protection Agency (Ohio EPA) adopted on March 1, 2023,
and July 25, 2025, which became effective at the State level on March
11, 2023, and August 14, 2025, respectively. These revisions will
result in consistent requirements of rules at both the State and
Federal level.
DATES: Comments must be received on or before February 9, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2025-0143 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#442025292d272b6a23212a21322d213221042134256a232b32"><span class="__cf_email__" data-cfemail="0662676b6f65692861636863706f6370634663766728616970">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI,
PBI, or multimedia submissions, and general guidance on making
effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Skyler Sanderson, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-4454,
<a href="/cdn-cgi/l/email-protection#fe8d9f909a9b8c8d9190d08d9587929b8cbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="6714060903021514080949140c1e0b02152702170649000811">[email protected]</span></a>. The EPA Region 5 office is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On March 19, 2025, Ohio EPA submitted revisions to rules in Ohio
Administrative Code (OAC) chapter 3745-31 Permit-to-Install New Sources
and Permit-to-Install and Operate Program to EPA to amend the Ohio SIP.
The submittal includes revisions to air permitting rules which update
definitions, provisions for permit exemptions and permits-by-rule, and
permit expiration timing. Ohio adopted revisions to these rules on
March 11, 2023.
On August 5, 2025, Ohio EPA submitted further revisions to OAC
chapter 3745-31-03. These revisions clarify the conditions for four
permit exemption categories. Ohio EPA adopted these revisions on July
25, 2025.
In the March 19, 2025, and August 5, 2025, submittals, Ohio EPA
requested that the following paragraphs be excluded from approval into
the SIP: OAC 3745-31-01(A)(8), (E)(3)(b)(ii) and (iii), (M)(10)(a)(ii),
(P)(12), (Q), and (S)(11); 3745-31-03(B)(1)(p); 3745-31-05(E); 3745-31-
13(H)(1)(c); 3745-31-22(A)(3)(b); 1-hour NO<INF>2</INF> SIL in 3745-31-
23(A); 3745-31-24(F); 3745-31-26(D); 3745-31-27(A)(1)(b); and 3745-31-
34(B), (C), and (D).
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of a National Ambient Air Quality Standards (NAAQS)
or any other applicable requirement of the CAA. Based on the
information in the submittals, these revisions are not expected to
negatively impact air quality or interfere with any applicable CAA
requirement.
II. Review of State Submittal
The following discussion summarizes the rule revisions and EPA's
analysis of them under the CAA.
A. OAC 3745-31-01 Definitions
Ohio EPA changed the numbering system for the definitions in this
rule to reflect the letters of the alphabet in order to streamline
future additions or deletions. This rule is now organized with
definitions in sections (A) through (Z) and reference materials in
section (AA). Ohio EPA also changed references to these definitions
throughout this chapter in order to align with the new numbering
system.
Ohio EPA added the definition of ``Carbon Dioxide (CO<INF>2</INF>)
Equivalent'' under OAC 3745-31-01(C)(1) to replace similar language in
OAC 3745-31-34.
Ohio EPA added the definition of ``Greenhouse gases'' under OAC
3745-31-01(G)(4) to replace similar language in OAC 3745-31-34.
Ohio EPA clarified the definition of ``Sum of the difference'' for
New Source Review projects under OAC 3745-31-01(M)(3)(c)(iv).
Ohio EPA reworded the definition of ``Non-road engine'' under OAC
3745-31-01(N)(9) [formerly OAC 3745-31-01(CCCC)] in order to be
consistent with Federal regulations.
Ohio EPA moved the definition of ``Reasonable possibility'' to OAC
3745-31-01(R)(2) from OAC 3745-31-10(A)(6).
Ohio EPA updated references to the Code of Federal Regulations and
United States Code under OAC 3745-31-01(AA)(2) in order to reflect the
most recent editions. Ohio EPA added references to 40 CFR 60.18,
60.4214, 60.4243, 60.4245, 63.6585, 63.6650, 80.510, and 40 CFR part 60
subpart JJJ to this section.
EPA finds these revisions approvable because they provide clarity
to terms used in various rules throughout the SIP
[[Page 938]]
and do not change the requirements of the rules themselves.
B. OAC 3745-31-02 Applicability, Requirements, and Obligations
OAC 3745-31-02 contains provisions requiring sources of air
pollution to obtain an installation permit. Ohio EPA modified the rule
to clarify that provisions for permits-by-rule are now located in OAC
3745-31-30.
C. OAC 3745-31-03 Exemptions
OAC 3745-31-03 contains provisions for sources that qualify for
permit exemptions. This rule relieves exempt sources from the
obligation to apply for and obtain a construction permit but does not
exempt any source from CAA requirements. Previous provisions for
permits-by-rule are now located in OAC 3745-31-30.
The rule revisions change the following permanent exemptions under
OAC 3745-31-03(B)(1):
(l): Storage tanks. In subparagraph (i), pertaining to inorganic
liquids, a reference to paragraph (B)(1)(m)(vii) has been corrected to
read (B)(1)(l)(vii).
(u): Very small municipal waste combustion units. These units are
subject to the 40 CFR part 60 subparts EEEE and FFFF and are title V
sources by definition, thus they cannot be exempted. The text of this
paragraph has been removed and replaced with ``reserved.''
(pp): Two-stroke or four-stroke air-cooled gasoline powered engines
of no more than twenty horsepower. Natural gas and liquified propane
gas will be allowable fuels, as well as gasoline.
(tt): One-time use of a mobile treatment unit or vacuum truck.
Under (ii), references to (B)(1)(b), (B)(2)(d) and (B)(2)(e) have been
corrected to refer to paragraphs (C)(1)(b), (C)(2)(d) and (C)(2)(e),
respectively, under the newly created OAC 3745-31-30.
In addition, the rule revisions add the following new permanent
exemptions under OAC 3745-31-03(B)(1):
(kkk): Valve sites and metering and regulating facilities within
the natural gas transmission and downstream distribution pipeline
system that have a potential to emit of less than 5.0 tons of VOC per
year.
(lll): Temporary portable flares used in conjunction with on-site
repairs, maintenance, or construction/dismantlement of pipelines used
for transmission or downstream distribution of natural gas, butane, or
similar liquified petroleum gas, that are not located at well sites or
natural gas processing facilities and are operated in accordance with
40 CFR 60.18 and process no more than 14,000.0 million British thermal
units of gas per year.
(mmm): Temporary fuel-burning equipment (e.g., boilers or engines)
used to replace main fuel-burning equipment during periods of
maintenance or repair provided the actual emissions and hourly
potential to emit of the temporary sources do not exceed that of the
replaced sources, the temporary source does not remain at the location
for more than ninety consecutive days, and the owner or operator has
notified the director prior to the sources use. This exemption does not
apply to sources subject to the portable source requirements under
paragraph (B)(1)(p) of this rule.
(nnn): Breweries of beer and flavored malt beverages breweries,
including packaging and labeling lines. Production capacity may not
exceed 60,000 31-gallon barrels per year.
(ooo): Portable sawmills which process no more than five million
board feet of green wood per year, are powered by exempt non-road
engines, and where wood waste is mechanically discharged directly to
storage piles.
(ppp): Sand and gravel storage and handling operations that process
no more than 125,000 tons of sand and gravel combined per year. This
does not include roadways and parking areas at these operations.
(qqq): Wet cooling towers, treatment systems for process cooling
water or boiler feedwater, and water tanks, reservoirs, or other water
containers designed to cool, store, or otherwise handle water
(including rainwater). Included in the exemption are water-handling
equipment not subject to Federal NESHAPs, with no direct contact with
certain chemical agents, and with a predicted particulate drift below a
certain threshold.
(rrr): Animal crematories that process no more than 600 pounds per
hour of whole animals and bedding, with the presence of infectious and
zoonotic agents prohibited, and which only supply natural gas, propane,
or butane to the burners, and does not employ liquid accelerants.
(sss): Production electric arc welding operations that use no more
than 116 pounds of electrode per day.
(ttt): Ultraviolet type or corona discharge type ozone generators
with maximum output capacity not exceeding 189 grams of ozone per hour.
The submittal states these new permanent exemptions would not have
an adverse impact on emissions or air quality. Sources meeting the
criteria for these exemptions are low-emitting sources which would not
have required a permit to construct or operate prior to this revision.
Some would have been considered ``de minimis'' sources in accordance
with OAC 3745-15-05. The remaining sources would not have been
permitted in accordance with Ohio EPA's interpretation of OAC 3745-31
rule requirements. These source categories were included as explicit
exemptions to provide clarity to small businesses in determining if air
permits are required for their operations. A quantitative analysis
showed that each qualifying source in these exempt categories would
emit no more than 5.0 tons per year of any pollutant. In addition, if
these sources were required to obtain a permit, it would not result in
further controls or emissions reductions beyond the conditions to meet
the exemption. The rule also does not interfere with any other
applicable CAA requirement, including the applicability of other SIP
requirements, and those found in the New Source Performance Standards
and the National Emission Standards for Hazardous Air Pollutants. EPA
agrees with Ohio's justifications and proposes to find these revisions
approvable.
D. OAC 3745-31-05 Criteria for Decision by the Director
OAC 3745-31-05 identifies criteria used in issuing an installation
permit. This rule revision contains the following changes:
Ohio EPA added language to OAC 3745-31-05(A)(3)(a)(i) to clarify
that a source may be subject to Best Available Technology (BAT)
requirements if it has been modified on or after January 1, 1974.
Ohio EPA modified a table in OAC 3745-31-05(I) in order to reflect
changes in divisional responsibilities when the Ohio EPA Air Division
must coordinate its review of certain types of permits.
EPA finds these revisions approvable as they are clarifications
that do not affect the requirements of the rule.
E. OAC 3745-31-07 Termination, Revocation, Expiration, Renewal,
Revision and Transfer
OAC 3745-31-07 contains provisions on the termination, revocation,
expiration, renewal, revision and transfer of air permits. Ohio EPA
added two provisions under OAC 3745-31-07(A)(1) to modify the
requirement that an installation permit terminate after eighteen
months. If the permit is subject to an appeal by a party other than the
owner or operator, the time period may be extended. If the permit has
been superseded by a subsequent permit, the existing permit will be
terminated.
[[Page 939]]
40 CFR part 52 describes Federal guidelines for approval and
promulgation of SIPs. 40 CFR 52.21(r) ``Source obligation'', describes
source obligations to construct within 18 months of receiving approval
to construct, but the Administrator may extend this period ``upon a
satisfactory showing that an extension is justified''. In keeping with
these guidelines, the revisions to OAC 3745-31-07 clarify situations
that Ohio EPA deems ``justified'' to grant an extension. These
situations include the source undertaking a continuing program of
construction during the 18-month period; the source entering into a
binding contractual obligation to undertake and complete a continuing
program of construction; the source requesting and receiving an
extension from the director of the date by which the source must be
constructed per an administrative modification; or the construction
permit being subject to a third-party appeal. Under this last
situation, the 18-month construction deadline would be paused during
the appeal until it is fully resolved, at which time the deadline would
resume.
Ohio EPA issued an engineering guide, posted on its website, on
October 31, 2025, detailing the process the agency will follow when a
construction permit is appealed. This includes notifying interested
parties of the appeal and that the permit's construction period will be
paused until the appeal is resolved. Ohio EPA will also assess any
changes in air quality or Federal standards that occurred since the
appeal was filed, such as newly constructed nearby emissions sources,
changes in the NAAQS, or changes to applicable New Source Performance
Standards or National Emission Standards for Hazardous Air Pollutants,
and review any submitted air quality modeling to ensure it meets
current requirements. If the modeling review shows issues, the
Permittee will be notified and required to adjust their permit
application to meet relevant requirements and submit revised modeling.
EPA finds these revisions approvable as they are protective of the
NAAQS, ensure the public is adequately informed of the permitting
process, and do not contravene any CAA requirement.
F. OAC 3745-31-06 Through 3745-31-29
The following rules were revised with minor formatting changes for
clarification and citation corrections:
<bullet> 3745-31-06 Completeness determinations, processing
requirements, public participation, public notice, and issuance
<bullet> 3745-31-09 Variances on operation
<bullet> 3745-31-10 NSR projects at existing emissions units at a major
stationary source
<bullet> 3745-31-11 Attainment provisions--ambient air increments,
ceilings and classifications
<bullet> 3745-31-12 Attainment provisions--data submission requirements
<bullet> 3745-31-13 Attainment provisions--review of major stationary
sources and major modifications, stationary source applicability and
exemptions
<bullet> 3745-31-14 Attainment provisions--preapplication analysis
<bullet> 3745-31-15 Attainment provisions--control technology review
<bullet> 3745-31-16 Attainment provisions--major stationary source
impact analysis
<bullet> 3745-31-17 Attainment provisions--additional impact analysis
<bullet> 3745-31-18 Attainment provisions--air quality models
<bullet> 3745-31-19 Attainment provisions--notice to the United States
environmental protection agency
<bullet> 3745-31-20 Attainment provisions--innovative control
technology
<bullet> 3745-31-21 Nonattainment provisions--review of major
stationary sources and major modifications--stationary source
applicability and exemptions
<bullet> 3745-31-22 Nonattainment provisions--conditions for approval
<bullet> 3745-31-23 Nonattainment provisions--stationary sources
locating in designated clean or unclassifiable areas which would cause
or contribute to a violation of a national ambient air quality standard
<bullet> 3745-31-24 Nonattainment provisions--baseline for determining
credit for emission and air quality offsets
<bullet> 3745-31-25 Nonattainment provisions--location of offsetting
emissions
<bullet> 3745-31-26 Nonattainment provisions--offset ratio requirements
<bullet> 3745-31-27 Nonattainment provisions--administrative procedures
for emission offsets
<bullet> 3745-31-28 Review of major stationary sources of hazardous air
pollutants requiring MACT determinations
<bullet> 3745-31-29 General permit-to-install and general PTIO
EPA finds these revisions approvable as they are clarifications and
corrections that do not affect the requirements of the rules.
G. OAC 3745-31-30 Permits-by-Rule
OAC 3745-31-30 contains provisions for sources that qualify for
permits-by-rule (PBR). These provisions were previously under OAC 3745-
31-03, but Ohio EPA has separated these provisions into their own rule
for simplicity.
The following changes to the original OAC 3745-31-03 language are
being made:
Ohio added OAC 3745-31-30(B), stating the relocation of a portable
PBR source is exempt under OAC 3745-31-03, provided the requirements of
OAC 3745-31-03(B)(1)(p) are met.
Ohio added the word ``reciprocating'' to OAC 3745-31-30(C)(2)(a) to
clarify that combustion turbines are excluded.
Ohio deleted redundant language in OAC 3745-31-30(C)(2)(c)(iii).
Ohio corrected citations in OAC 3745-31-30(C)(2)(l).
Ohio added a new ``transloader'' PBR to OAC 3745-31-30(C)(2)(n) to
address portable belt or screw conveyor devices used to transfer bulk
material between trucks and railcars.
Ohio added a new ``petroleum-solvent dry cleaner'' PBR to OAC 3745-
31-30(C)(2)(o) to address small and medium-sized dry-cleaning
establishments that use non-perchloroethylene solvents.
EPA finds these revisions approvable as they are clarifications and
corrections that do not affect the requirements of the rule, and the
new PBRs are modifications of the mechanism for permitting and do not
impact emissions or air quality. PBRs include the applicable emission
limits, control requirements, operational restrictions, monitoring,
recordkeeping, and reporting requirements that would go into a
traditional permit.
H. OAC 3745-31-32 Plantwide Applicability Limit
This rule contains provisions for sources that choose to be covered
under a plantwide applicability limit (PAL).
Ohio modified OAC 3745-31-32(A)(4) to reflect the exemption from
BAT requirements described in OAC 3745-31-05(A)(3)(a)(iv) for PALs. EPA
finds these revisions approvable as they are clarifications that do not
affect the requirements of the rule.
III. What action is EPA taking?
EPA is proposing to approve Ohio EPA's March 19, 2025, and August
5, 2025, submittals as revisions to its existing SIP. EPA finds that
the revisions are consistent with Federal
[[Page 940]]
requirements. As requested by Ohio EPA, the following provisions are
not included in this proposed approval: OAC 3745-31-01(A)(8),
(E)(3)(b)(ii) and (iii), (M)(10)(a)(ii), (P)(12), (Q), and (S)(11);
3745-31-03(B)(1)(p); 3745-31-05(E); 3745-31-13(H)(1)(c); 3745-31-
22(A)(3)(b); 1-hour NO<INF>2</INF> SIL in 3745-31-23(A); 3745-31-24(F);
3745-31-26(D); 3745-31-27(A)(1)(b); and 3745-31-34(B), (C), and (D).
IV. Incorporation by Reference
In this rulemaking, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Ohio rule(s) 3745-31-01 [with the exception of OAC 3745-31-
01(A)(8), (E)(3)(b)(ii) and (iii), (M)(10)(a)(ii), (P)(12), (Q), and
(S)(11)], 3745-31-02, 3745-31-03 [with the exception of OAC 3745-31-
03(B)(1)(p)], 3745-31-05 [with the exception of OAC 3745-31-05(E)],
3745-31-06, 3745-31-07, 3745-31-09, 3745-31-10, 3745-31-11, 3745-31-12,
3745-31-13 [with the exception of OAC 3745-31-13(H)(1)(c)], 3745-31-14,
3745-31-15, 3745-31-16, 3745-31-17, 3745-31-18, 3745-31-19, 3745-31-20,
3745-31-21, 3745-31-22 [with the exception of OAC 3745-31-22(A)(3)(b)],
3745-31-23 [with the exception of the 1-hour NO<INF>2</INF> SIL in
3745-31-23(A)], 3745-31-24 [with the exception of OAC 3745-31-24(F)],
3745-31-25, 3745-31-26 [with the exception of OAC 3745-31-26(D)], 3745-
31-27 [with the exception of OAC 3745-31-27(A)(1)(b)], 3745-31-28,
3745-31-29, 3745-31-30, and 3745-31-32, effective March 11, 2023, and
August 14, 2025, discussed in section II of this preamble. EPA has
made, and will continue to make, these documents generally available
through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 5 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 23, 2025.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2026-00258 Filed 1-8-26; 8:45 am]
BILLING CODE 6560-50-P
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