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02/13/2024

Cleveland Non-Attainment Area

Source: Stephanie Jarret, Fishbeck, February 13, 2024

Cleveland Nonattainment Area Reclassification to Serious Ozone Nonattainment draft rules are available for comment until March 5, 2024. Ohio EPA anticipates that the Cleveland nonattainment area will fail to meet the ozone standard by August 3, 2024 and will be reclassified to serious nonattainment. The Cleveland non-attainment area consists of Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit counties. OEPA Rule 3745-21-22 already included requirements for the control of volatile organic compound emissions from offset lithographic printing and letterpress printing facilities in the Cleveland non-attainment area, as well as Ashtabula, Butler, Clermont, Hamilton, and Warren county. OEPA has cleaned up the existing rules printing facilities, however the draft rules, which are available here, currently do not include additional requirements for facilities at this time. If your facility is located in any of the subject counites, now is a good time to review the rules, and ensure that the facility is:

  • Exempt from the rules (i.e. potential to emit from all lithographic or letterpress printing operations before controls of less than 3 tons per year including cleanup solutions and fountain solutions)
  • Compliant with applicable rules (i.e. installed applicable controls, and/or uses fountain solutions meetings applicable VOC content limits)
  • Submitted all applicable notifications
  • Completing all required records demonstrating compliance

EPA PM2.5 Final Reconsideration of the National Ambient Air Quality Standards for PM2.5

On February 7, 2024, EPA revised the PM2.5 annual NAAQS standard from 12 micrograms per cubic meter (ug/m3) to 9.0 ug/m3. The standard will be effective 60 days from February 7, 2024 following publication of the notice of final rulemaking in the Federal Register. EPA should designate non-attainment counties within 2 years of the new standard, and states will be required to submit attainment plans for areas designated nonattainment for the revised primary annual PM2.5 NAAQS no later than 18 months after EPA finalizes designations. For areas in moderate nonattainment, attainment must be achieved as expeditiously as practicable but no later 6 years after nonattainment designations. Areas with more severe levels of nonattainment have longer periods to achieve attainment of the new standards. The EPA has indicated that any permit applications currently under review by state agencies that are required to show compliance with the current NAAQS standard of 12ug/m3, must either be issued before the new standard is effective (ie within 60 days), or the permitting authority and permittee must show compliance with the new standard. For Michigan, Ohio and Kentucky, monitoring data from a handful of counties (dark green) are currently over the new standard. We will provide updates as more details emerge.

From EPA 2/7/2024 Final Rule to Strengthen the National Ambient Air Quality Standards for Particulate Matter presentation        


Annual Report Reminders:

  • Ohio Permit Evaluation Reports – Due 2/15/2024
  • All States – Tier 2 Chemical Inventory reports – Due 3/1/2024
  • All States – Biennial Hazardous Waste Report for Large Quantity Generators of Hazardous Waste – Due 3/1/2024
  • Michigan Air Emissions Report – Due 3/15/224
  • Ohio Facility Emissions Report – Due 4/15/2024
  • Kentucky Annual Emissions Inventory Report – Due 4/15/2024

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