In the December 17, 2024 Federal Register, the US Environmental Protection Agency (EPA) announced that the Cleveland ozone nonattainment area failed to attain the 2015 ozone National Ambient Air Quality Standard (NAAQS) by the applicable attainment date. The area was therefore reclassified to "Serious" nonattainment, effective January 16, 2025.
In response to this, on January 6, 2025, the Ohio EPA released draft amended rules required under the Clean Air Act (CAA), along with a draft State Implementation Plan (SIP) for Reasonably Available Control Technology (RACT). Ohio EPA will be accepting comments on the draft amended rules and draft RACT SIP through February 13, 2025.
Who does this affect?
This reclassification affects facilities in seven Ohio counties: Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit. Specifically, it applies to any facility within these seven counties that have, or may have, facility-wide potential nitrogen oxide (NOx) or volatile organic compound (VOC) emissions greater than 50 tons per year (i.e., the serious area major source threshold).
For facility managers and environmental compliance professionals located in the Cleveland 2015 ozone nonattainment area, the regulatory changes resulting from the reclassification bring new challenges that require appropriate actions to maintain operational flexibility.
What does this mean for your business?
Lower emission thresholds
- Major source threshold reduced from 100 to 50 tons/year for NOx and VOC.
- Significant emission rate threshold lowered from 40 to 25 tons/year for ozone precursor pollutants
New requirements
- Facilities with 50 to 100 tons/year of NOx or VOC emissions are now major stationary sources and must obtain Title V permits.
- Alternatively, facilities can accept federally-enforceable limits to stay below 50 tons/year.
Additional regulations
Changes for new major sources of NOx and VOC:
- These sources must follow RACT requirements under OAC Chapter 3745-110 and OAC Chapter 3745-21.
- Additional stricter requirements may apply under the draft RACT SIP.
Changes for existing major sources with completed NOx RACT studies:
- The exemption threshold in rule 3745-110-03(K)(16) is being lowered from 25 to 10 tons/year.
- This means emission units that emit between 10 and 25 tons/year of NOx will now need to complete RACT studies.
- Previously, emission units other than a boiler, gas turbine or internal combustion engine with less than 25 tons/year were exempt from this requirement.
Questions to consider
- How do your current emission levels or planned emissions increases compare to the lower major source or significant emission rate thresholds?
- Are you able to take limits to reduce your NOx and/or VOC emissions to less than 50 ton/year?
- What operational changes might be necessary to comply with the new RACT requirements?
Why this matters now
Ensuring you have appropriately calculated the potential to emit of NOx and VOC at your facility is critical to understand your options for navigating the increased regulatory burden and potential permitting impacts of operating within the serious nonattainment area.
Facilities that have become a major source as a result of the lower major source threshold will have until January 15, 2026 to submit an application for a Title V permit. However, choosing to take limits to remain below 50 tons/year of NOx and VOC will require applying for and obtaining a federally-enforceable permit to install and operate (FEPTIO) before January 15, 2026.
As such, facilities must begin developing a permitting strategy to mitigate potential regulatory and permitting impacts for existing operations, as well as any potential changes to operations at your facility.
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