[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (BB) of rule
3745-15-01 of the Administrative
Code titled "referenced materials."]
For purposes of this rule, the following
(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
(3) "Air contaminant
source" or "source" means each separate operation or activity that results or
may result in the emission of any air contaminant.
"Air pollution control equipment"
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.
"Potential to emit" or "potential
the amount of emissions of an air
contaminant, based on maximum rated capacity,
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.
"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.
Sources in which the physical or chemical process occurring in each source is
essentially the same.
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
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
(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.
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
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
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
(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
(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.
A description of all production constraints required for the source to comply
with the exemption levels.
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
(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.
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. (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
authorized representative concerning such source, shall provide information
that is adequate to demonstrate that the source qualifies for the
(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.
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
or Chapter 3745-77 of the Administrative Code, as