Ohio EPA Seeks Early Stakeholder Input on Sulfur Dioxide Rules

Ohio EPA is seeking early stakeholder input[1] on potential amendments to Ohio’s sulfur dioxide regulations as part of the five-year rule review process mandated by ORC §119.032. The rules, which are found at Ohio Administrative Code Chapter 3745-18, contain requirements for the prevention of sulfur dioxide emissions into the atmosphere from fuel burning and process equipment. The rules are a part of Ohio’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) as required by the Clean Air Act. As part of the five-year review process, Ohio EPA anticipates making clarifications, correcting typographical errors, and incorporating new facility-specific requirements into the rules to address sources in nonattainment areas under the 2010 sulfur dioxide NAAQS. The review process also allows stakeholders to provide input on how the rules could be improved. The agency has provided some questions for interested parties to consider as they develop comments, in particular:

  • Would this regulatory program have a positive impact on your business? Please explain how.
  • Would this regulatory program have an adverse impact on your business? If so, please identify the nature of the adverse impact (for example, license fees, fines, employer time for compliance).

A copy of the current text of OAC Chapter 3745-18 is found at http://epa.ohio.gov/dapc/regs/3745_18.aspx

Written comments will be accepted through close of business Tuesday, March 17, 2015, and can be sent to Mr. Paul Braun, Ohio EPA Division of Air Pollution Control, PO Box 1049,

Columbus, Ohio 43216-1049, or by e-mail to Paul.braun@epa.ohio.gov

Once Ohio EPA drafts proposed changes to the sulfur dioxide rules, the revised rules will be presented as a proposed rulemaking with public notice and opportunity to comment.

[1] In response to the Governor’s Executive Order (EO) 2011-01K, Ohio EPA has added this additional step of early stakeholder outreach to ensure stakeholders are brought into the rulemaking process as early as possible. This additional interested party notification and request for information allows for early feedback before rule language is developed by the Agency.

 

Kathy Milenkovski is an energy and environmental lawyer. She helps clients comply with complex state and federal regulatory programs and represents clients in litigation, appearing in administrative, state and federal courts.
 
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