Ohio Revised Code Search
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Section 3704.02 | Purposes of chapter - construction of provisions.
...wing: (1) To protect and enhance the quality of the state's air resources so as to promote the public health, welfare, economic vitality, and productive capacity of the people of the state; (2) To enable the state, through the director of environmental protection, to adopt and maintain a program for the prevention, control, and abatement of air pollution that is consistent with the federal Clean Air Act; (3) To au... |
Section 3704.03 | Director of environmental protection - powers and duties.
...The director of environmental protection may do any of the following: (A) Develop programs for the prevention, control, and abatement of air pollution; (B) Advise, consult, contract, and cooperate with any governmental or private agency in the furtherance of the purposes of this chapter; (C) Encourage, participate in, or conduct studies, investigations, and research relating to air pollution, collect and dis... |
Section 3704.031 | Director may require applicant to install equipment and conduct tests.
...this section, prior to issuance or renewal of a permit or a variance under division (F), (G), or (H) of section 3704.03 of the Revised Code, the director of environmental protection may require the applicant to install such equipment and conduct such tests and analyses as the director finds reasonable and necessary to determine adequately the amount and content of any emissions from such sources, the ambient air qual... |
Section 3704.032 | Emergency action plan - declaration of emergency - emergency orders.
...The director of environmental protection may adopt, in accordance with Chapter 119. of the Revised Code, an emergency action plan for the purpose of protecting the public health during air pollution episodes associated with atmospheric temperature inversions, which plan may define various levels of emergency conditions, the criteria on which such levels are based, and the measures to be taken at each level. The plan ... |
Section 3704.033 | Director to establish consultation process - measures for notifying public.
...The director of environmental protection shall: (A) Establish a process of consultation with general purpose local governments, designated organizations or elected officials of local governments, and the secretary of any department having authority over federal land located in the state with respect to requirements of the federal Clean Air Act pertaining to transportation controls, air quality maintenance plan requi... |
Section 3704.034 | Time limits for making completeness determination and taking action on application for permit.
...y days after the director of environmental protection or the director's agent or authorized representative receives an application for the issuance of an initial permit to operate, or for the modification or renewal of such a permit, pursuant to rules adopted under division (G) of section 3704.03 of the Revised Code, the director shall determine whether the application is substantially complete or materially defici... |
Section 3704.035 | Title V clean air fund; non-Title V clean air fund.
...of section 3745.11 of the Revised Code, all moneys collected under division (B) of that section, and any gifts, grants, or contributions received by the director of environmental protection for the purposes of the fund, shall be credited to the fund. The director shall expend all moneys credited to the fund solely to administer and enforce the Title V program pursuant to the federal Clean Air Act, this chapter, and ... |
Section 3704.036 | Title V permit program.
...(A) The director of environmental protection shall develop and administer a federally approvable Title V permit program and shall take all necessary and appropriate action to implement, through the issuance of Title V permits, applicable requirements of the federal Clean Air Act. Title V permits shall be required only for major sources and affected sources, as defined in 40 C.F.R. 70.2, and solid waste incineration u... |
Section 3704.037 | Tiered permitting system for air contaminant sources - petition for exemption.
...(A) The director of environmental protection shall formulate and implement a tiered permitting system for air contaminant sources that categorizes, prioritizes, and expedites review of, and final action on, applications for installation permits and operating permits issued pursuant to divisions (F) and (G) of section 3704.03 of the Revised Code, respectively. The tiered permitting system shall include at least exempt... |
Section 3704.038 | Information to be provided to public - training course.
...(A) The director of environmental protection shall maintain and make readily available to the public a best available technology information clearinghouse. (B) The director shall make readily available to the public interpretive guidelines and technical guidance in order to effect technically sound, consistent, and efficient permit processing under this chapter and rules adopted under it. (C) The director shall dev... |
Section 3704.039 | Annual report.
...h each year, the director of environmental protection shall prepare and submit to the governor and the general assembly a report on the timeliness of the issuance of installation permits pursuant to division (F) of section 3704.03 of the Revised Code for the immediately preceding year. The report shall include indicators to monitor the processing of installation permits by the environmental protection agency and a co... |
Section 3704.0310 | Air nuisance rule.
...e adopted by the director of environmental protection that declares any of the following to be a public nuisance: (a) The emission or escape into the open air from any source or sources whatsoever, of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, or any other substances or combinations of substances, in such manner or in such amounts as to endanger the health, safety, or welfare of the public, or ca... |
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.
...(A) No person shall 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 permitt... |
Section 3704.06 | Prosecution by attorney general - injunction - civil penalties.
...(A) The attorney general, upon the request of the director of environmental protection, shall prosecute any person who violates section 3704.05 or 3704.16 of the Revised Code. (B) The attorney general, upon request of the director, shall bring an action for an injunction, a civil penalty, or any other appropriate proceedings in any court of competent jurisdiction against any person violating or threatening to... |
Section 3704.07 | Industrial health, safety, or sanitation within the boundaries of industrial property supersedes environmental regulation.
...04.01 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.
...formation obtained under this chapter shall be available for public inspection, except that upon a showing satisfactory to the director of environmental protection by any person that such records, reports, or information, or any particular part thereof, other than emission data, to which the director has access under this chapter, if made public, would divulge methods or processes entitled to protection as trade secr... |
Section 3704.09 | Evidence - presumptions.
...ions made by the director of environmental protection or other persons acting under sections 3704.03 and 3704.04 of the Revised Code shall not be used as evidence in civil actions nor create any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the state, and sections 3704.01 to 3704.07 of the Revised Code do not create, enlarge, or abrogate existing private rig... |
Section 3704.11 | Authority of political subdivision not limited - exceptions.
...ode do not limit the authority a political subdivision of the state has to adopt and enforce ordinances or regulations relative to the 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... |
Section 3704.111 | Delegation agreement with local authority; periodic performance evaluation; contracts for payments.
...ber 1, 1993, the director of environmental protection shall enter into 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 th... |
Section 3704.112 | Local air pollution control authority - powers and duties.
...tion 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... |
Section 3704.12 | Prohibition concerning motor vehicle fuel containing MTBE.
..., 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 commence an action for injunctive relief in a... |
Section 3704.13 | Clean Air Act - powers of governor.
...The governor may do all things necessary on behalf of the state to secure the full benefits available 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 official... |
Section 3704.14 | Enhanced motor vehicle inspection and maintenance program.
...reenactment by Am. Sub. H.B. 66 of the 126th general assembly, provided that the rules do not conflict with this section. (2) The rules adopted under division (C)(1) of this section shall provide for the issuance of inspections certificates and alternative emissions certificates. Under the rules, an inspection certificate shall be issued to the owner or lessee of a motor vehicle when the motor vehicle passes an em... |
Section 3704.141 | Emission standards for buses.
.... 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 fueled motor buses, particulate opacity established by the director of environmental protection under rules adopted under division (B) of this section. (B) In accordance with Cha... |