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Section 3704.04 | Adoption of rules.

...The adoption, modification, and repeal of rules and the issuance, revocation, modification, and denial of permits and variances under this chapter shall be in accordance with Chapter 119., Chapter 3745., and division (H) of section 3704.03 of the Revised Code.

Section 3704.05 | Prohibited acts.

... cause, permit, or allow emission of an air contaminant in violation of any rule adopted by the director of environmental protection under division (E) of section 3704.03 of the Revised Code unless the person is the holder of a variance that is issued under division (H) of that section and consistent with the federal Clean Air Act permitting the emission of the contaminant in excess of that permitted by the rule or t...

Section 3704.06 | Prosecution by attorney general - injunction - civil penalties.

... so collected shall be credited to the air pollution control administration fund, which is hereby created in the state treasury. The air pollution control administration fund shall be administered by the director. Moneys in the air pollution control administration fund shall be used to supplement other moneys available for the administration and enforcement of this chapter and the rules adopted and terms and c...

Section 3704.07 | Industrial health, safety, or sanitation within the boundaries of industrial property supersedes environmental regulation.

...Nothing contained in sections 3704.01 to 3704.11 of the Revised Code, shall be construed as authorizing the director of environmental protection to make any rule, regulation, determination, or order which supersedes or limits the applicability of any law or ordinance relating to industrial health, safety, or sanitation within the boundaries of the industrial property.

Section 3704.08 | Information to be available for public inspection - exceptions.

...xtent consistent with the federal Clean Air Act, any records, reports, or information, other than emissions data, obtained by those public officials acting under section 3704.18, 3704.19, or 3706.19 of the Revised Code pursuant to the small business stationary source technical and environmental compliance assistance program created under section 3704.18 of the Revised Code shall be held confidential by those public o...

Section 3704.09 | Evidence - presumptions.

...rued to abridge, limit, or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceedings therefor. (B) Data produced from community air monitoring shall not be used as evidence to support either of the following: (1) A fine, penalty, or notice of violation against any person for violations of or noncompli...

Section 3704.11 | Authority of political subdivision not limited - exceptions.

...e prevention, control, and abatement of air pollution, except that every such local ordinance or regulation shall be consistent with Chapter 3704. of the Revised Code, and shall include emission standards and other regulations which are not less stringent than the emission standards and other regulations adopted pursuant to division (E) of section 3704.03 of the Revised Code. Nothing in this section shall prohibit an...

Section 3704.111 | Delegation agreement with local authority; periodic performance evaluation; contracts for payments.

... a delegation agreement with each local air pollution control authority listed in division (O)(1) of section 3704.01 of the Revised Code under which the local air pollution control authority agrees to perform on behalf of the environmental protection agency air pollution control regulatory services within the political subdivision represented by the local air pollution control authority. The director may enter into s...

Section 3704.112 | Local air pollution control authority - powers and duties.

...n 3704.111 of the Revised Code, a local air pollution control authority, in the name of the environmental protection agency, may do all of the following within the political subdivisions that it represents: (A) Establish, maintain, and operate air quality monitoring stations and other devices designed to measure air pollution or ambient air quality; (B) Enter upon public or private property, real or personal, at an...

Section 3704.12 | Prohibition concerning motor vehicle fuel containing MTBE.

...(A) Subject to division (C) of this section, on or after July 1, 2005, no person shall sell or deliver to any distributor within this state, or import into this state for sale in this state, any motor vehicle fuel containing methyl tertiary butyl ether (MTBE) in quantities greater than one-half of one per cent by volume. (B) The attorney general, upon the request of the director of environmental protection, shall co...

Section 3704.13 | Clean Air Act - powers of governor.

...le to the state under the federal Clean Air Act. The governor may, in accordance with the federal Clean Air Act, exercise all powers permitted by the federal Clean Air Act to be exercised by a governor, including, but not limited to, powers pertaining to the issuance of orders; adoption of rules; designation of officials; emergency suspension of any part of an implementation plan adopted by the state; and redesignati...

Section 3704.14 | Enhanced motor vehicle inspection and maintenance program.

...fectively comply with the federal Clean Air Act after June 30, 2025, the director may provide for the implementation of the program in those counties in this state in which such a program is federally mandated. Upon making such a determination, the director of environmental protection may request the director of administrative services to extend the terms of the contract that was entered into under the authority of H...

Section 3704.141 | Emission standards for buses.

...(A) Each motor bus, as defined in section 4501.01 of the Revised Code, that is owned or operated by a transit system, authority, or commission organized under Chapter 306. or 747. of the Revised Code or under a municipal or county charter or ordinance and within a county that is subject to section 3704.14 of the Revised Code shall meet emission standards for hydrocarbons, carbon monoxide, and, in the case of diesel f...

Section 3704.15 | Prohibiting sale of fluorocarbon aerosol products.

...(A) No person shall sell, expose for sale, or offer to sell any aerosol spray can which contains as a propellant trichloromonofluoromethane, dichlorodifluoromethane, or any other saturated chlorofluorocarbon compound that does not contain hydrogen, except an aerosol spray can designed for administering any drug for the treatment of asthma or another respiratory disease through a device that measures the dosage, admin...

Section 3704.16 | Prohibiting tampering with motor vehicle emission control systems.

...rol system under Title II of the "Clean Air Act Amendments." "Emission control system" includes any device or element of design of the system. (4) "Clean Air Act Amendments" has the same meaning as in section 3704.14 of the Revised Code. (5) Notwithstanding section 3704.01 of the Revised Code, "person" has the same meaning as in section 1.59 of the Revised Code. (B) No person shall do any of the following: (1...

Section 3704.161 | Enforcement.

...(A) The director of environmental protection shall enforce sections 3704.16 to 3704.162 of the Revised Code and the rules adopted under them. In doing so, the director or the director's authorized representative may do either or both of the following: (1) Inspect, during normal business hours, any motor vehicle or documents located at premises owned, operated, rented, leased, or otherwise used by any owner or operat...

Section 3704.162 | Rescinding transaction for violation.

...(A) For a violation of division (C)(2) or (3) of section 3704.16 of the Revised Code, a purchaser, renter, or lessee of a motor vehicle or a person who rents or leases a motor vehicle to a renter or lessee has a cause of action and is entitled to rescission of the transaction, recovery of actual damages, or both. In any action for rescission of the transaction, rescission shall occur within a reasonable amount of tim...

Section 3704.18 | Technical and environmental compliance assistance program for small business stationary sources.

...rther compliance with the federal Clean Air Act; (2) Adequate mechanisms for assisting small business stationary sources with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution; (3) A compliance assistance program for small business stationary sou...

Section 3704.19 | Small business stationary source technical and environmental compliance assistance council.

...(A) There is hereby created within the environmental protection agency the small business stationary source technical and environmental compliance assistance council. The council shall consist of the following seven members: (1) Two members who are not owners or representatives of owners of small business stationary sources to represent the general public, to be appointed by the governor; (2) Four members who are o...

Section 3704.20 | Prohibition against the sale of a motor vehicle based on its energy source.

... to section 209(b) of the federal Clean Air Act.

Section 3704.99 | Penalty.

...(A) Whoever recklessly violates division (A), (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or division (B)(5) of section 3704.16 of the Revised Code shall be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense. (B) Whoever knowingly violates division (H)...

Section 3706.01 | Air quality development authority definitions.

...power to acquire, construct, or operate air quality facilities, the United States or any agency thereof, and any agency, commission, or authority established pursuant to an interstate compact or agreement. (B) "Person" means any individual, firm, partnership, association, or corporation, or any combination thereof. (C) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, noise, vapor, heat...

Section 3706.02 | Air quality development authority - appointment of members - vacancies, bond.

...There is hereby created the Ohio air quality development authority. Such authority is a body both corporate and politic in this state, and the carrying out of its purposes and the exercise by it of the powers conferred by Chapter 3706. of the Revised Code shall be held to be, and are hereby determined to be, essential governmental functions and public purposes of the state, but the authority shall not be immune from ...

Section 3706.03 | Purposes of air authority.

...tate through the operations of the Ohio air quality development authority under this chapter to contribute toward one or more of the following: to provide for the conservation of air as a natural resource of the state, and to prevent or abate the pollution thereof, to provide for the comfort, health, safety, and general welfare of all employees, as well as all other inhabitants of the state, to assist in the fi...

Section 3706.04 | Development authority - powers and duties.

...The Ohio air quality development authority may: (A) Adopt bylaws for the regulation of its affairs and the conduct of its business; (B) Adopt an official seal; (C) Maintain a principal office and suboffices at such places within the state as it designates; (D) Sue and plead in its own name; be sued and impleaded in its own name with respect to its contracts or torts of its members, employees, or agents acting ...