Ohio Admin. Code 3745-15-05 - "De Minimis" air contaminant source exemption
[Comment: For dates the
last paragraph in rule
3745-15-01 of the
Administrative Code titled "Incorporation by
reference
(A) For purposes of this rule, the following
definitions apply:
(1) "Actual emissions"
means the amount of emissions an air contaminant source actually emits on a
calendar day or calendar year basis, whichever is applicable.
(2) "Air contaminant" means particulate
matter, dust, fumes, gas, mist, radionuclides, smoke, vapor, or odorous
substances, or any combination thereof, but does not include water by
itself.
(3) "Air contaminant
source" or "source" means each separate operation or activity that results or
may result in the emission of any air contaminant.
(4) "Air pollution control equipment" shall
mean control equipment which is not, aside from air pollution control
requirements, vital to production of the normal product of the source or to its
normal operation. Equipment is vital if the source could not produce its normal
product or operate without it.
(5)
"Hazardous air pollutant" means any pollutant listed pursuant to Section 112(b)
of the CAA.
(6) "Potential to emit"
or "potential emissions" shall mean the amount of emissions of an air
contaminant which would be emitted from a source during a twenty-four hour
calendar day or calendar year basis, whichever is applicable, if that source
were operated without the use of air pollution control equipment unless such
control equipment is, aside from air pollution control requirements, necessary
for the facility to produce its normal product or is integral to the normal
operation of the source. Potential emissions shall be based on maximum rated
capacity.
(7) "Similar sources" are
the following :
(a) Sources for which construction and
operation are essentially the same, although, the capacity of each source is
not necessarily the same;
.
(b)
Sources in which the physical or chemical process occurring in each source is
essentially the same; and
.
(c)
Sources from which essentially the same air pollutants are emitted.
(B) Except as provided
in paragraphs (C), (D) and (H) of this rule and division (B) of section
3704.011 of the Revised Code,
any air contaminant source is exempt from Chapter 3704. of the Revised Code and
rules adopted thereunder, unless the potential emissions of any one of the
following exceeds ten pounds per day: particulate matter, sulfur dioxide,
nitrogen oxides, organic compounds, carbon monoxide, lead or any other air
contaminant.
(C) The exemption
contained in paragraph (B) of this rule shall not apply to a source if any of
the following applies:
(1) A requirement
established under the CAA or regulations adopted under it limits the emissions
of an air pollutant from the source to less than ten pounds per day or
restricts the operation of the source in a manner equivalent to an emission
limit of less than ten pounds per day;
.
(2) The
source is subject to an emission limit adopted by the director to achieve and
maintain the national ambient air quality standards or a rule adopted by the
director to protect public health and welfare limits the emissions from the
source to less than ten pounds per day of an air pollutant or restricts the
operation of the source in a manner equivalent to an emission limit of less
than ten pounds per day;
.
(3) The
source emits radionuclides;
.
(4) The source alone or in combination with
similar sources at the same facility, would result in potential emissions of
any air pollutant in excess of twenty-five tons per year. In determining the
total emissions from a group of similar sources, an enforceable permit emission
limit shall be used in lieu of the potential to emit for such source or
sources; or
.
(5) The
source emits more than one ton per year of any hazardous air pollutants or
combination of hazardous air pollutants.
(D) The exemption provided in division (A) of
section 3704.011 of the Revised Code
does not apply to an air contaminant source having potential emissions greater
than ten pounds per day (or one ton per year of one or more hazardous air
pollutants) of any air contaminant unless the owner or operator of the source
maintains records that are adequate to demonstrate that actual emissions from
the source did not exceed ten pounds per day (or one ton per year of one or
more hazardous air pollutants) and unless that source is not subject to the
limitations specified in paragraph (C) of this rule.
(E) In order to verify that actual emissions
from a source described in paragraph (D) of this rule complied with the
requirements of divisions (A) and (C) of section
3704.011 of the Revised Code
during its operations, the owner or operator of the source shall maintain
records that show that emissions of any air contaminant from the source did not
exceed ten pounds per day on each day the source emitted air contaminants, and
that the source in any one year did not emit more than one ton of hazardous air
pollutants as defined in division (1) of section
3704.03 of the Revised Code, and
that the emissions from the source, in combination with similar air contaminant
sources at the same facility, did not result in potential emissions of any air
contaminant from the facility in excess of twenty-five tons during the
preceding calendar year. Records consisting of one or more of the following
types of information, if applicable, shall be adequate to make that
demonstration, so long as the information clearly demonstrates that the owner
or operator is operating in accordance with this rule:
(1) A narrative description of how the
emissions from the source were determined and maintained at or below the daily
exemption level, and, for emissions of hazardous air pollutants, at or below
the annual exemption level;
.
(2) A description of the air pollution
control equipment used on the source and a statement that the source is not
capable of operating without that pollution control equipment
functioning;
.
(3) If
air pollution control equipment is used, a copy of any report of the results of
any emission test that was conducted following Ohio EPA approved methods, if
applicable, or any other emission evaluation;
.
(4) A description of all production
constraints required for the source to comply with the exemption levels;
.
(5) Records of actual operations that
demonstrate that the daily and annual emissions from the source were maintained
at or below the exemption level by the use of the necessary production
constraints or pollution control equipment;
.
(6) A list of all similar sources at the same
facility and a statement for each such source of the annual potential
emissions. Compliance with paragraph (C)(4) of this rule shall be
demonstrated; and
.
(7) A
summation of the total emissions from each exempt or similar source, a
summation of stated potential emissions from all sources identified in
paragraph (E)(6) of this rule, and a written certification by the owner or
operator that the applicable exemption levels were complied with.
(F) Records developed under
paragraph (E) of this rule shall be maintained by the owner of the source at a
location at the facility for a period of two years following the recording of
the information, and shall be provided, upon
request, to the director upon his request or
upon the request of his authorized representative.
(G) The owner or operator of such an exempt
source not subject to paragraph (E) of this rule, upon the request of the
director or his authorized representative concerning such source, shall provide
information that is adequate to demonstrate that the source qualifies for the
exemption.
(H) Nothing in this rule
shall be construed to exempt any source from requirements of the CAA, including
its being considered for purposes of determining whether a facility constitutes
a major source or is otherwise regulated under Chapter 3745-77 of the
Administrative Code or any requirement to identify insignificant activities and
emissions levels in a title V permit application. In addition, this rule does
not exempt any source that is a part of a major new source or major
modification that would be required to meet any requirements under applicable
state or federal regulations.
(I)
If a source exempt under this rule should at any time exceed the exempt
emission levels provided in paragraphs (B) and (D) of this rule, the owner or
operator of such source shall immediately submit a written report describing
the nature and cause of the exceedance. Upon request by the director, the owner
or operator of such source shall submit an application for a permit to install
if required by Chapter 3745-31 of the Administrative Code and an application
for a permit to operate pursuant to Chapter 3745-35 or Chapter 3745-77 of the
Administrative Code, as applicable.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(F)
Prior Effective Dates: 4/20/94, 11/18/94, 2/3/00, 1/22/09
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