Ohio EPA Permit-by-Rule Changed To Include All Vehicles’ With GVW Up To 10,000 Lbs.
The Automotive Service Association of Ohio (ASA Ohio) constantly monitors rules and regulations developed by Ohio’s state agencies. Often policy changes made by these agencies can go overlooked, yet they can have a significant impact on your business. This is yet another service ASA Ohio provides its members.
Most recently, ASA Ohio discovered a provision in an administrative rule drafted by the Ohio EPA that had the potential to impact the ability of a repair shop to utilize a popular exemption to the Permit-To-Install & Operate (PTIO). Currently, administrative rules allow automotive service facilities that meet certain requirements, such as jobs per week, number of spray booths, type of equipment, etc., to be exempt from the more formal and complex PTIO. This exemption is known as the Permit-By-Rule (PBR). Many automotive repair shops have found that they meet the requirements to claim a PBR and take advantage of the useful exemption.
In reviewing this exemption, ASA Ohio identified a provision that would have prohibited repair facilities, which work on any vehicle with a gross weight rating over 8,500 lbs., from claiming a PBR. It is important to note that many popular vehicles like the Ford F-250 as well as many larger SUVs and vans exceed the 8,500 lbs. limit. The way the administrative rule was written, any facility claiming a PBR would have been found in violation simply for working on one of these vehicles, regardless if it met all other PBR requirements.
ASA Ohio was fortunate to have identified this oversight early in the rule-making process and was able to notify the Ohio EPA of the problem. After roughly two years of negotiations, ASA Ohio and the Ohio EPA were able to develop a proposal that corrected the problem. The revised rule will allow repair shops claiming a PBR to work on vehicles with a gross vehicle weight rating up to 10,000 lbs. This change allows shops working on larger vehicles to remain compliant under the PBR exemption. This rule will take effect on May 29th.