[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 (JJ) of rule 3745-21-01 of the Administrative Code
titled "referenced materials."]
(A)
Applicability.
(1) Applicability for the
Cincinnati area.
(a) Except as otherwise
provided in paragraph (A)(1)(b) of this rule, paragraphs (D) to (I) of this
rule shall apply to each commercial bakery oven facility that meets both of the
following criteria:
(i) The facility is
located in any of the following counties: Butler, Clermont, Hamilton, or
Warren.
(ii) The facility has a
total uncontrolled potential to emit for volatile organic compound (VOC)
emissions equal to or greater than one hundred tons per year on or after May
27, 2005 as determined in accordance with paragraph (C) of this rule.
(b) Once a commercial bakery oven
facility meets paragraph (A)(1)(a) of this rule on or after May 27, 2005, the
facility is always subject to paragraphs (D) to (I) of this rule, except as
otherwise provided in paragraph (A)(1)(c) of this rule.
(c) In the event a commercial bakery oven
facility meets paragraph (A)(1)(a) of this rule, but reduces the total
uncontrolled potential to emit for volatile organic compounds to less than one
hundred tons per year by no later than May 27, 2006, the facility is not
subject to paragraphs (D) to (I) of this rule. If such commercial bakery oven
facility subsequently meets paragraph (A)(1)(a) of this rule, then the facility
becomes subject to paragraphs (D) to (I) of this rule.
(2) Applicability for the
Cleveland-Akron-Lorain area
as of August 25,
2008.
(a) Except as otherwise provided
in paragraph (A)(2)(b) of this rule, paragraphs (D) to (I) of this rule shall
apply to each commercial bakery oven facility that meets both of the following
criteria:
(i) The facility is located in any
of the following counties: Ashtabula, Cuyahoga, Geauga,
lake
Lake,
Lorain, Medina, Portage, or Summit.
(ii) The facility has a total uncontrolled
potential to emit for VOC emissions equal to or greater than one hundred tons
per year on or after August 25, 2008, as determined in accordance with
paragraph (C) of this rule.
(b) Once a commercial bakery oven facility
meets paragraph (A)(2)(a) of this rule on or after August 25, 2008, the
facility is always subject to paragraphs (D) to (I) of this rule, except as
otherwise provided in paragraph (A)(2)(c) of this rule.
(c) In the event a commercial bakery oven
facility meets paragraph (A)(2)(a) of this rule, but reduces the total
uncontrolled potential to emit for VOCs to less than one hundred tons per year
by no later than August 25, 2009, the facility is not subject to paragraphs (D)
to (I) of this rule. If such commercial bakery oven facility subsequently meets
paragraph (A)(2)(a) of this rule, then the facility becomes subject to
paragraphs (D) to (I) of this rule.
(3)
Applicability for
the Cleveland area as of the effective date of this rule.
(a)
Except as
otherwise provided in paragraph (A)(3)(b) of this rule, paragraphs (D) to (I)
of this rule shall apply to each commercial bakery oven facility that meets
both of the following criteria:
(i)
The facility is located in any of the following
counties: Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or
Summit.
(ii)
The facility has a total uncontrolled potential to emit
for VOC emissions equal to or greater than fifty tons per year, but less than
one hundred tons per year, on or after the effective date of this rule, as
determined in accordance with paragraph (C) of this rule.
(b)
Once a
commercial bakery oven facility meets paragraph (A)(3)(a) of this rule on or
after the effective date of this rule, the facility is always subject to
paragraphs (D) to (I) of this rule, except as otherwise provided in paragraph
(A)(3)(c) of this rule.
(c)
In the event a commercial bakery oven facility meets
paragraph (A)(3)(a) of this rule, but reduces the total uncontrolled potential
to emit for VOCs to less than fifty tons per year by no later than one year
after the effective date of this rule, the facility is not subject to
paragraphs (D) to (I) of this rule. If such commercial bakery oven facility
subsequently meets paragraph (A)(3)(a) of this rule, then the facility becomes
subject to paragraphs (D) to (I) of this rule.
(B) Definitions.
The definitions applicable to this rule are contained in
paragraphs (B) and (U) of rule 3745-21-01 of the Administrative Code.
(C) Determination of total
uncontrolled potential to emit.
(1) The owner
or operator of each commercial bakery oven facility shall calculate the
facility's total uncontrolled potential to emit, UPTE(facility), for VOC
emissions in tons per year, using either the equations in paragraphs (C)(1)(a)
to (C)(1)(c) of this rule and the provisions in paragraphs (C)(2) to (C)(4) of
this rule, or a USEPA administrator-approved alternative method if the use of
that alternative method is approved in writing by the USEPA administrator for
this purpose:
(a) UPTE(facility) equals the
sum of the UPTE(oven) for all bakery ovens at the facility (in tons VOC per
year)
(b) UPTE(oven) is calculated
for each bakery oven as follows:
UPTE(oven) =PA * EFVOC * (1 ton/2000 pounds)
where:
PA = the bakery oven's maximum annual
production rate for yeast-leavened finished bakery product (in tons of baked
product per year).
EFVOC = VOC emission factor for the
bakery oven's yeast-leavened finished bakery product having the highest
emission potential (in pounds of VOC per ton of baked product) for the bakery
oven.
(c) The value of
EF
VOC, expressed in pounds of VOC per ton of baked
product (rounded off to two decimal places), is determined as follows:
EFVOC = 0.95Yi+
0.195ti - 0.51S - 0.86ts +
1.90
where:
Yi = initial baker's per cent of yeast
to the nearest tenth of a per cent.
ti = total yeast action time in hours to
the nearest tenth of an hour.
S = final (spike) baker's per cent of yeast to the nearest
tenth of a per cent.
ts = spiking time in hours to the
nearest tenth of an hour.
(2) The owner or operator shall presume for
purposes of calculating the uncontrolled potential to emit that both of the
following conditions apply:
(a) Each facility
production line and associated bakery oven are operating eight thousand seven
hundred sixty hours per year at maximum capacity.
(b) Each facility production line is
producing the product with the highest level of VOC emissions of those products
that it may produce.
(3)
A VOC emission factor based on emission testing can be used to calculate the
facility's total uncontrolled potential to emit for VOC in tons per year. In
the event emission testing is conducted, the emission testing results would be
used instead of the VOC emission factor equation in paragraph (C)(1)(c) of this
rule. Such emission testing shall be based on the test methods and procedures
specified under paragraph (F) of this rule.
(4) The presumptions of paragraph (C)(2) of
this rule would not apply where restrictions on operating hours or annual
production rate are specified for the commercial bakery oven facility within a
federally enforceable permit-to-install and operate or a Title V permit that is
issued pursuant to Chapter 3745-31 or Chapter 3745-77, respectively, of the
Administrative Code as follows:
(a) For
bakery ovens that are located within a county
specified in
subject to this rule pursuant
to paragraph (A)(1)(a)(i) of this
rule and for which installation commenced before May 27, 2005, such
restrictions shall be in effect no later than May 27, 2006.
(b) For bakery ovens
that are located within a county specified
in
subject to this rule pursuant to
paragraph (A)(1)(a)(i) of this rule and for
which installation commenced on or after May 27, 2005, such restrictions shall
be in effect upon initial startup of the bakery oven.
(c) For bakery ovens
that are located within a county specified
in
subject to this rule pursuant to
paragraph (A)(2)(a)(i) of this rule and for
which installation commenced before August 25, 2008, such restrictions shall be
in effect no later than August 25, 2009.
(d) For bakery ovens
that are located within a county specified
in
subject to this rule pursuant to
paragraph (A)(2)(a)(i) of this rule and for
which installation commenced on or after August 25, 2008, such restrictions
shall be in effect upon initial startup of the bakery oven.
(e)
For bakery ovens
subject to this rule pursuant to paragraph (A)(3) of this rule and for which
installation commenced before the effective date of this rule, such
restrictions shall be in effect no later than one year from the effective date
of this rule.
(f)
For bakery ovens subject to this rule pursuant to
paragraph (A)(3) of this rule and for which installation commenced on or after
the effective date of this rule, such restrictions shall be in effect upon
initial startup of the bakery oven.
(D) VOC emission control requirements.
(1) Except where exempted under paragraph
(D)(2) of this rule, any owner or operator of a commercial bakery oven facility
that is subject to this rule shall install and operate a VOC emission control
system that reduces the VOC emissions from each bakery oven by at least
ninety-five per cent by weight (i.e., an overall control efficiency of at least
ninety-five per cent by weight).
(2) Exempted from paragraph (D)(1) of this
rule is any uncontrolled bakery oven located in
Ashtabula, Butler, Clermont, Hamilton, or Warren counties with annual VOC
emissions of less than 25.0 tons and average daily VOC emissions of less than
one hundred ninety-two pounds; or any uncontrolled
bakery oven located in Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or
Summit counties with annual VOC emissions of less than 10.0 tons and average
daily VOC emissions of less than seventy-seven pounds. Average daily VOC
emissions means the VOC emissions from a bakery oven in a calendar year (annual
VOC emissions) divided by the number of days the bakery oven was employed for
production during the calendar year.
(3)
Paragraph (D)(1)
of this rule is not applicable to any bakery oven where the director has
established and USEPA has approved source-specific RACT.
(E) Compliance dates.
(1) Except where otherwise specified within
this rule, any owner or operator of a commercial bakery oven facility that is
subject to this rule shall comply with this rule by no later than the following
dates:
(a) For any bakery oven
which is located within a county specified
in
subject to this rule pursuant to
paragraph (A)(1)(a)(i) of this rule and for
which installation commenced before May 27, 2005, the compliance date of the
bakery oven is the initial startup of the bakery oven or May 27, 2006,
whichever is later.
(b) For any
bakery oven which is located within a county
specified in
subject to this rule pursuant
to paragraph (A)(1)(a)(i) of this
rule and for which installation commenced on or after May 27, 2005, the
compliance date of the bakery oven is the date of initial startup of the bakery
oven.
(c) For any bakery oven
which is located within a county specified
in
subject to this rule pursuant to
paragraph (A)(2)(a)(i) of this rule and for
which installation commenced before August 25, 2008, the compliance date of the
bakery oven is the initial startup of the bakery oven or August 25, 2009,
whichever is later.
(d) For any
bakery oven which is located within a county
specified in
subject to this rule pursuant
to paragraph (A)(2)(a)(i) of this
rule and for which installation commenced on or after August 25, 2008, the
compliance date of the bakery oven is the date of initial startup of the bakery
oven.
(e)
For any bakery oven subject to this rule pursuant to
paragraph (A)(3) of this rule and for which installation commenced before the
effective date of this rule, the compliance date of the bakery oven is the
initial startup of the bakery oven or one year from the effective date of this
rule, whichever is later.
(f)
For any bakery oven subject to this rule pursuant to
paragraph (A)(3) of this rule and for which installation commenced on or after
the effective date of this rule, the compliance date of the bakery oven is the
date of initial startup of the bakery oven.
(2) In the event a commercial bakery oven
facility reduces its total uncontrolled potential to emit pursuant to paragraph
(A)(1)(c),
or
paragraph (A)(2)(c), or (A)(3)(c) of
this rule, the date on which the facility subsequently meets the applicability
criteria of paragraph (A)(1)(a),
or paragraph (A)(2)(a), or (A)(3)(c) of this rule is the date the facility
becomes subject to this rule.
(3)
In the event an uncontrolled bakery oven is exempted under paragraph (D)(2) of
this rule and is later equipped with a VOC emission control system, the
compliance date of the bakery oven pertaining to paragraph (D)(1) of this rule
is the date of first startup of the installed VOC emission control system for
the bakery oven. Until the date of first startup of the installed VOC emission
control system for the bakery oven, the bakery oven shall continue to comply
with paragraph (D)(2) of this rule.
(4) The owner or operator of any commercial
bakery oven facility subject to this rule shall demonstrate compliance with
paragraph (D)(1) of this rule by testing the bakery oven and its VOC emission
control system in accordance with paragraph (F) of this rule within ninety days
after the bakery oven's compliance date.
(5) Additional testing of a bakery oven and
its VOC emission control system in accordance with paragraph (F) of this rule
may be required by the director to ensure continued compliance.
(F) Compliance testing
requirements.
For any bakery oven subject to paragraph (D)(1) of this rule,
the owner or operator shall demonstrate compliance by conducting compliance
testing in accordance with the following:
(1) The general provisions specified under
paragraphs (A)(2) to (A)(5) of rule 3745-21-10 of the Administrative Code shall
apply to the compliance testing.
(2) The test methods and procedures of
paragraph (C) of rule 3745-21-10 of the Administrative Code shall be followed,
except as follows:
(a) The concentration of
VOC in a gas stream or exhaust vent shall be determined by utilizing any of the
methods specified under paragraph (C)(2) of rule 3745-21-10 of the
Administrative Code.
(b) USEPA
alternative test method ALT-020 titled "Negative Pressure Enclosure Qualitative
Test Method for Bakery Ovens" may be used to demonstrate capture efficiency of
a bakery oven. A bakery oven that passes this alternative test method and vents
all of its oven exhaust gas streams, other than the purge stack, to a VOC
control device has a VOC capture efficiency of one hundred per cent by
weight.
(c) USEPA conditional test
method CTM-042 titled "Use of Flame Ionization Detector-Methane Cutter Analysis
Systems for VOC Compliance Testing of Bakeries" may be used to demonstrate the
control efficiency of a VOC control device (thermal oxidizer or catalytic
oxidizer) for a bakery oven.
(G) Monitoring and inspection requirements
for controlled bakery ovens.
(1) For any
bakery oven subject to paragraph (D)(1) of this rule, the owner or operator
shall install and operate continuous monitoring and recording devices for the
following operational parameters:
(a) The
combustion temperature of any thermal incinerator.
(b) For catalytic incinerators, one of the
following:
(i) The inlet temperature and the
temperature rise across the catalyst bed.
(ii) The inlet temperature only for an owner
or operator that elects to implement an inspection and maintenance plan for the
catalytic incinerator that meets paragraph (G)(5) of this rule.
(c) Any other parameter that the
director may require the owner or operator to monitor.
(2) While operating the bakery oven, the
owner or operator of the facility shall maintain the parameters listed in
paragraphs (C)(1)(a) to (C)(1)(c) of this rule within the baseline operational
data established during the most recent compliance test that demonstrated
compliance.
(3) The owner or
operator shall inspect the VOC emission control system and monitoring equipment
to assure that the control system is operating properly, and that no leaks or
malfunctions have occurred or are occurring. The inspections shall be made at
the frequency defined by the equipment manufacturer, or as otherwise
appropriate for each unit, component, or operation, but not less than
monthly.
(4) The owner or operator
shall record the results of each inspection in a permanent log to be retained
on-site for a period of not less than five years and shall make the log
available to the director or any authorized representative of the director for
review during normal business hours.
(5) For an owner or operator that elects, in
accordance with paragraph (G)(1)(b)(ii) of this rule, to monitor the inlet
temperature only of the catalytic incinerator, an inspection and maintenance
plan shall be developed, maintained on-site, and made readily available upon
the request of the appropriate Ohio EPA district office or local air agency. At
a minimum, the plan shall include the following:
(a) Annual sampling and analysis of the
catalyst activity (i.e., conversion efficiency) following the manufacturer's or
catalyst supplier's recommended procedures.
(b) Monthly inspection of the oxidizer system
including the burner assembly and fuel supply lines for problems.
(c) Annual internal and monthly external
visual inspection of the catalyst bed to check for channeling, abrasion, and
settling. If problems are found, corrective action consistent with the
manufacturer's recommendations shall be implemented and a new performance test
to determine destruction efficiency in accordance with paragraph (C) of rule
3745-21-10 of the Administrative Code shall be conducted.
(H) Recordkeeping and associated
reporting.
(1) The owner or operator of each
commercial bakery oven facility subject to this rule shall keep the records
required under paragraphs (H)(2) to (H)(5) of this rule on site for at least
five years following the date of the record and shall make such records
available to the director or any authorized representative of the director for
review during normal business hours.
(2) The owner or operator shall keep monthly
production period records of the following operational data for each
yeast-leavened product for each bakery oven:
(a) The amount of raw product
processed.
(b) The baker's per cent
of yeast used (initial yeast and any spike yeast).
(c) The fermentation time (total time and any
spiking time).
(d) The type of
product baked.
(e) The amount of
product baked.
(f) Any other
information that the director may determine to be necessary for determining
that the facility is operated in continuous compliance with this
rule.
(3) The owner or
operator shall calculate monthly VOC emissions for each bakery oven and shall
record the emission factor used for each product, including a citation of the
source of the emission factor, and the results of the VOC emission
calculations.
(4) For any
uncontrolled bakery oven exempted under paragraph (D)(2) of this rule, the
owner or operator shall record the VOC emissions from that bakery oven for the
recent month and rolling twelve-month period within fifteen days after the end
of each month. The owner or operator shall notify the appropriate Ohio EPA
district office or local air agency of any record showing the bakery oven
exceeded the applicable VOC emissions limit. A copy of such record shall be
sent to the appropriate Ohio EPA district office or local air agency within
forty-five days after the exceedance occurs.
(5) For any bakery oven equipped with a VOC
emission control system and subject to the paragraph (D)(1) of this rule, the
owner or operator shall collect and record the following information each day
of operation of the bakery oven:
(a) A log of
operating time for the capture (collection) system, control device, monitoring
equipment, and the associated bakery oven.
(b) For any thermal incinerator, all
three-hour periods of operation during which the average combustion temperature
was more than fifty degrees Fahrenheit below the average combustion temperature
during the most recent performance test that demonstrated that the bakery oven
was in compliance.
(c) For any
catalytic incinerator, all three-hour periods of operation during which the
average temperature of the process vent stream immediately before the catalyst
bed is more than fifty degrees Fahrenheit below the average temperature of the
process vent stream during the most recent performance test that demonstrated
that the source was in compliance, and one of the following:
(i) All three-hour periods of operation
during which the average temperature difference across the catalyst bed is less
than eighty per cent of the average temperature differences during the most
recent performance test that demonstrated that the source was in
compliance.
(ii) Records, and a
description of the results of each inspection and catalyst activity analysis
resulting from the inspection and maintenance plan for the catalytic
incinerator as specified in paragraph (G)(5) of this rule.
(d) For any VOC emission control equipment,
any other information that the director may determine to be necessary for
determining that the bakery oven is operating in continuous compliance with
this rule.
(6) The owner
or operator shall submit to the appropriate Ohio EPA district office or local
air agency quarterly summaries of the records required by paragraph (H)(5) of
this rule. These quarterly reports shall be submitted by April thirtieth, July
thirty-first, October thirty-first, and January thirty-first, and shall cover
the records for the previous calendar quarters.
(I) Applicability notification, compliance
certification, and permit application.
(1) The
owner or operator of a commercial bakery oven facility that is subject to this
rule pursuant to paragraph (A)(1) of this rule and that has a bakery oven with
an initial startup date before May 27, 2005 shall notify the appropriate Ohio
EPA district office or local air agency in writing that the bakery oven is
subject to this rule. The notification, which shall be submitted not later than
sixty days after May 27, 2005
,
( or within sixty days after the bakery
oven becomes subject to this rule
), shall
provide the following information:
(a) Name
and address of the owner or operator.
(b) Address (i.e., physical location) of the
commercial bakery oven facility.
(c) Equipment description and Ohio EPA
application number (if assigned) of the bakery oven.
(d) Identification of the VOC emissions
requirement, the means of compliance, and the compliance date for the bakery
oven.
(e) An application for an
operating permit or an application for a modification to an operating permit in
accordance with Chapter 3745-77 of the Administrative Code (for sources subject
to the Title V permit program) or an application for a permit-to-install and
operate or an application for a modification to a permit-to-install and operate
in accordance with Chapter 3745-31 of the Administrative Code (for sources not
subject to the Title V permit program) for each subject process that meets one
of the following:
(i) The process does not
possess an effective operating permit or permit-to-install and
operate.
(ii) The process possesses
an effective operating permit or permit-to-install and operate and the owner or
operator cannot certify in writing to the director that such subject process is
in compliance with this rule. An application for an operating permit or
permit-to-install and operate is not required provided the subject process is
operating under an effective permit and certifies compliance. Such
certification shall include all compliance certification requirements under
paragraph (I)(5) of this rule.
[Comment: Applications for sources not subject to Chapter
3745-77, requiring submittal prior to June 30, 2008, were submitted in
accordance with Chapter 3745-35 of the Administrative Code.]
(2) The owner or
operator of a commercial bakery oven facility that is subject to this rule
pursuant to paragraph (A)(1) of this rule and that has a bakery oven with an
initial startup date on or after May 27, 2005 shall notify the appropriate Ohio
EPA district office or local air agency in writing that the bakery oven is
subject to this rule. The notification, which shall
be submitted not later than either the date of initial startup of the
bakery oven or July 26, 2005,
( whichever is later), shall
provide
providing the information listed
under paragraph (I)(1) of this rule. The application for a permit-to-install
under rule 3745-31-02 of the Administrative Code may be used to fulfill the
notification requirements of this paragraph.
(3) The owner or operator of a commercial
bakery oven facility that is subject to this rule pursuant to paragraph (A)(2)
of this rule and that has a bakery oven with an initial startup date before
August 25, 2008 shall notify the appropriate Ohio EPA district office or local
air agency in writing that the bakery oven is subject to this rule. The notification, which shall be submitted not
later than October 24, 2008,
( or within sixty days after the bakery
oven becomes subject to this rule),
shall provide
providing the information listed under paragraph
(I)(1) of this rule.
(4) The owner
or operator of a commercial bakery oven facility that is subject to this rule
pursuant to paragraph (A)(2) of this rule and that has a bakery oven with an
initial startup date on or after August 25, 2008 shall notify the appropriate
Ohio EPA district office or local air agency in writing that the bakery oven is
subject to this rule. The notification, which shall
be submitted not later than either the date of initial startup of the
bakery oven or October 24, 2008,
( whichever is later), shall
provide
providing the information listed
under paragraph (I)(1) of this rule. The application for a permit-to-install
under rule 3745-31-02 of the Administrative Code may be used to fulfill the
notification requirements of this paragraph.
(5)
The owner or
operator of a commercial bakery oven facility that is subject to this rule
pursuant to paragraph (A)(3) of this rule and that has a bakery oven with an
initial startup date before the effective date of this rule shall notify the
appropriate Ohio EPA district office or local air agency in writing that the
bakery oven is subject to this rule not later than sixty days after the
effective date of this rule, or within sixty days after the bakery oven becomes
subject to this rule, providing the information listed under paragraph (I)(1)
of this rule.
(6)
The owner or operator of a commercial bakery oven
facility that is subject to this rule pursuant to paragraph (A)(3) of this rule
and that has a bakery oven with an initial startup date on or after the
effective date of this rule shall notify the appropriate Ohio EPA district
office or local air agency in writing that the bakery oven is subject to this
rule not later than either the date of initial startup of the bakery oven or
sixty days after the effective date of this rule, whichever is later, providing
the information listed under paragraph (I)(1) of this rule. The application for
a permit-to-install under rule 3745-31-02 of the Administrative Code may be
used to fulfill the notification requirements of this
paragraph.
(5)(7) Compliance
certification.
(a) The owner or operator of a
commercial bakery oven facility that is subject to this rule shall notify the
appropriate Ohio EPA district office or local air agency in writing within
thirty days following the completion of any of the following:
(i) For an uncontrolled bakery oven subject
to the VOC emission requirement in paragraph (D)(2) of this rule, the first
documented achievement of compliance with the requirements.
(ii) For a bakery oven subject to the VOC
emission control requirement in paragraph (D)(1) of this rule:
(a) The completion of installation and
initial use of a VOC emission control system for the bakery oven.
(b) The completion of installation and
initial use of any monitoring devices required under paragraph (G) of this rule
for the bakery oven.
(c) The
completion of any compliance testing conducted in accordance with paragraph (F)
of this rule to demonstrate compliance with the applicable control
requirement.
(b) The compliance certification under
paragraph (I)(3)(a) of this rule shall provide the following, where applicable:
(i) A description of the
requirements.
(ii) A description of
the VOC emission control system.
(iii) A description of the monitoring
devices.
(iv) A description of the
records that document continuing compliance.
(v) The results of any compliance tests,
including documentation of test data.
(vi) The results of any records that document
continuing compliance, including calculations.
(vii) A statement by the owner or operator of
the commercial bakery oven facility as to whether the bakery oven has complied
with the requirements.