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Home » US Law » 2022 Ohio Revised Code » Title 37 | Health-Safety-Morals » Chapter 3704 | Air Pollution Control

Section 3704.01 | Air Pollution Control Definitions.

Effective: October 17, 2019 Latest Legislation: House Bill 166 – 133rd General Assembly As used in this chapter: (A) “Administrator” means the administrator of the United States environmental protection agency or the chief executive of any successor federal agency responsible for implementation of the federal Clean Air Act. (B) “Air contaminant” means particulate matter, dust, […]

Section 3704.011 | Emission Limit Exemptions.

Effective: July 22, 1994 Latest Legislation: House Bill 715 – 120th General Assembly (A) In addition to any other exemption provided in this chapter or rules adopted under it, an air contaminant source is exempt from this chapter and rules adopted under it if the emissions of particulate matter, nitrogen oxides, organic compounds, sulfur dioxide, […]

Section 3704.02 | Purposes of Chapter – Construction of Provisions.

Effective: October 29, 1993 Latest Legislation: Senate Bill 153 – 120th General Assembly (A) The purposes of this chapter are the following: (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 […]

Section 3704.03 | Director of Environmental Protection – Powers and Duties.

Effective: October 16, 2009 Latest Legislation: House Bill 1 – 128th General Assembly 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 […]

Section 3704.032 | Emergency Action Plan – Declaration of Emergency – Emergency Orders.

Effective: October 23, 1972 Latest Legislation: Senate Bill 397 – 109th General Assembly 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 […]

Section 3704.033 | Director to Establish Consultation Process – Measures for Notifying Public.

Effective: December 19, 1980 Latest Legislation: Senate Bill 258 – 113th General Assembly 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 […]

Section 3704.035 | Title V Clean Air Fund; Non-Title V Clean Air Fund.

Effective: January 1, 2018 Latest Legislation: House Bill 49 – 132nd General Assembly (A) There is hereby created in the state treasury the Title V clean air fund. Except as otherwise provided in division (K) of section 3745.11 of the Revised Code, all moneys collected under division (B) of that section, and any gifts, grants, […]

Section 3704.036 | Title V Permit Program.

Effective: December 2, 1996 Latest Legislation: House Bill 670 – 121st General Assembly (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. […]

Section 3704.037 | Tiered Permitting System for Air Contaminant Sources – Petition for Exemption.

Effective: October 29, 1993 Latest Legislation: Senate Bill 153 – 120th General Assembly (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 […]

Section 3704.038 | Information to Be Provided to Public – Training Course.

Effective: October 29, 1993 Latest Legislation: Senate Bill 153 – 120th General Assembly (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, […]

Section 3704.039 | Annual Report.

Effective: October 29, 1993 Latest Legislation: Senate Bill 153 – 120th General Assembly Not later than the first day of March 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 3704.04 | Adoption of Rules.

Effective: May 6, 1986 Latest Legislation: House Bill 500 – 116th General Assembly 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.

Effective: September 29, 2015 Latest Legislation: House Bill 64 – 131st General Assembly (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 […]

Section 3704.06 | Prosecution by Attorney General – Injunction – Civil Penalties.

Effective: June 30, 2011 Latest Legislation: House Bill 153 – 129th General Assembly (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 […]

Section 3704.07 | Industrial Health, Safety, or Sanitation Within the Boundaries of Industrial Property Supersedes Environmental Regulation.

Effective: October 23, 1972 Latest Legislation: Senate Bill 397 – 109th General Assembly 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 […]

Section 3704.08 | Information to Be Available for Public Inspection – Exceptions.

Effective: July 22, 1994 Latest Legislation: House Bill 715 – 120th General Assembly (A) Except as provided in division (B) of this section, any records, reports, or information 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 […]

Section 3704.09 | Evidence – Presumptions.

Effective: June 13, 1975 Latest Legislation: House Bill 1 – 111th General Assembly Determinations 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 […]

Section 3704.11 | Authority of Political Subdivision Not Limited – Exceptions.

Effective: October 26, 1979 Latest Legislation: House Bill 101 – 113th General Assembly (A) Sections 3704.01 to 3704.11 of the Revised Code 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 […]