Proposed Amendments to Rules for the Cleveland 2015 Ozone Non-Attainment Areas

Currently in Public Notice, the Ohio Environmental Protection Agency (Ohio EPA), Division of Air Pollution Control (DAPC) is working to amend three rules in the Ohio Administrative Code (OAC) due to the change of the Cleveland ozone nonattainment area from the moderate nonattainment classification to a serious nonattainment classification.

If you own or operate a major stationary source in the Cleveland ozone nonattainment area (Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties), the changes to these rules could impact your current and future business operations.

Why the Changes?

The Cleveland ozone nonattainment area was classified as moderate nonattainment for the 2015 eight-hour ozone national ambient air quality standard. The area was required to meet the ozone standard by August 3, 2024. Based on certified ozone monitoring data, this area failed to meet the ozone standard by the required date and has been reclassified to serious nonattainment by the U.S. Environmental Protection Agency (U.S EPA) in accordance with the Clean Air Act (CAA).

Reclassification to serious nonattainment triggers additional CAA requirements for major stationary sources located in the serious nonattainment area.

What are the Impacts?

There are three rules being addressed in the draft language:

• OAC Chapter 3745-21: Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards;
• OAC Chapter 3745-31: Permit-to-Install New Sources and Permit-to-Install and Operate Program; and
• OAC Chapter 3745-110: Nitrogen Oxides – Reasonably Available Control Technology.

In these rules there are three major changes that will impact future permit actions:

• The threshold for sources to be subject to Reasonably Available Control Technology (RACT) requirements for volatile organic compounds (VOC) and nitrogen oxides (NO_x) is lowered from 100 tons per year (tpy) to 50 tpy. (OAC Chapters 3745-110 and 3745-21)
• The major source threshold for Nonattainment New Source Review (NNSR) permitting requirements is lowered from 100 tpy to 50 tpy of VOC or NO_x. (OAC Chapter 3745-31)
• The threshold for triggering a major modification under NNSR is lowered from 40 tpy to 25 tpy of VOC or NO_x. (OAC Chapter 3745-31)

In addition, redesignation to a serious nonattainment area changes the NNSR offset ratio from 1.15 : 1 to 1.2 : 1 and lowers the Title V major source permitting threshold to 50 tpy of NO_x or VOC.

Who is Impacted and When?

If you own or operate a major stationary source in the aforementioned Cleveland area counties and have affected sources as defined in the OAC Chapters, these changes in thresholds can impact air permitting at your facility.

If your facility triggers Title V major source permitting you will need to submit an application for a Title V permit within one year of the effective date of the reclassification, or by January 16, 2026. Facilities that want to take emissions limits to remain below the Title V threshold should apply for a synthetic minor permit as soon as possible. Ohio EPA would like to issue any synthetic minor permits needed to avoid Title V applicability as final by the January 16, 2026 Title V application deadline.

The rules are currently in the public comment period and will continue in the Joint Committee on Agency Rule Review (JCARR) process.

How Can ALL4 Help?

ALL4 will continue to follow these regulatory updates and publish any significant changes to the current proposed language. ALL4 has an extensive background in air permit strategy, RACT review and development, and Title V and NSR permitting, and can help your organization understand, strategize for, and implement changes required for rule compliance. We can also help you strategize around how to permit modifications in a serious nonattainment area. Please contact me (mstrain@all4inc.com) or your ALL4 contact for more information about meeting these new standards.