Ohio Admin. Code 3745-21-16 - Control of volatile organic compound emissions from industrial wastewater
[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 entitled "referenced materials."]
(A)
Applicability.
(1) Except as otherwise
provided in paragraphs (A)(4) and (A)(5) of this rule, paragraph (C) of this
rule shall apply to any facility that generates process wastewater from an
affected industrial category and meets paragraph (A)(1)(a), (A)(1)(b) or
(A)(1)(c) of this rule:
(a)
Applicability for the Cincinnati area (meets both of
the following):
(a)(i) The facility is
located in Butler, Clermont, Hamilton or Warren county.
(b)(ii)
The facility has a combined total potential to emit for VOC emissions equal to
or greater than one hundred tons of VOC per calendar year on or after May 27,
2005 from all of the following:(i)(a) Industrial
wastewater sources (waste management units).
(ii)(b) All non-CTG
sources.
(b)
Applicability for
the Cleveland-Akron-Lorain area as of August 25, 2008 (meets both of the
following):
(c)(i) The facility is
located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or
Summit county.
(d)(ii) The facility has a
combined total potential to emit for VOC emissions equal to or greater than one
hundred tons of VOC per calendar year on or after August 25, 2008 from all of
the following:(i)(a) Industrial
wastewater sources (waste management units).
(ii)(b) All non-CTG
sources.
(c)
Applicability for
the Cleveland area as of the effective date of this rule (meets both of the
following):
(i)
The facility is located in Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, or Summit county.
(ii)
The facility has
a combined total potential to emit for VOC emissions equal to or greater than
fifty tons of VOC per calendar year, but less than one hundred tons of VOC per
calendar year, on or after the effective date of this rule from all of the
following:
(a)
Industrial wastewater sources (waste management
units).
(b)
All non-CTG sources.
(2) For the purposes of
paragraphs (A)(1)(a) to (A)(1)(d)
paragraph (A)(1) of this rule, a source shall be
considered regulated by a paragraph, rule or subpart if the source is subject
to the limits of that paragraph, rule, or subpart. A source is not considered
regulated by a paragraph, rule, or subpart if the source is not subject to the
limits of that paragraph, rule, or subpart. For example, if the source is
covered by an exemption in the paragraph, rule, or subpart, or the
applicability criteria of the paragraph or subpart are not met, then the source
is not subject to that paragraph, rule, or subpart. A source is also not
considered regulated if there is no rule contained in this chapter regulating
the source category.
(3) Once a
facility has met the applicability of paragraphs
paragraph
(A)(1)(a) and (A)(1)(b) of this rule on or
after May 27, 2005, or the applicability requirements of
paragraphs (A)(1)(c) and (A)(1)(d)
paragraph (A)(1)(b) of this rule on or after August
25, 2008, or the applicability requirements of
paragraph (A)(1)(c) of this rule on or after the effective date of this
rule, the facility is always subject to paragraph (C) of this rule,
except as otherwise provided in paragraphs (A)(4),
and (A)(5), and (A)(6) of this rule.
(4) In the event a facility meets the
applicability under paragraphs
paragraph (A)(1)(a) and (A)(1)(b) of this rule, but reduces the
facility's potential to emit for volatile organic compounds by means of
federally enforceable operational restrictions (e.g., production, hours of
operation, or capacity utilization) to less than one hundred tons per year by
no later than May 27, 2006 and documents that the actual VOC emissions from the
above combined sources have never exceeded one hundred tons per year after the
baseline year (1990) of the state implementation plan for ozone, the facility
is not subject to paragraph (C) of this rule.
(5) In the event a facility meets the
applicability under paragraphs (A)(1)(c) and
(A)(1)(d)
paragraph (A)(1)(b) of this
rule, but reduces the facility's potential to emit for VOCs by means of a
federally enforceable operational restriction (e.g., production, hours of
operation, or capacity utilization) to less than one hundred tons per year by
no later than August 25, 2009 and documents that the actual VOC emissions from
the above combined sources have never exceeded one hundred tons per year after
the baseline year (2002) of the state implementation plan for ozone, the
facility is not subject to paragraph (C) of this rule.
(6)
In the event a
facility meets the applicability under paragraph (A)(1)(c) of this rule, but
reduces the facility's potential to emit for VOCs by means of a federally
enforceable operational restriction (e.g., production, hours of operation, or
capacity utilization) to less than fifty tons per year by no later than one
year after the effective date of this rule and documents that the actual VOC
emissions from the above combined sources have never exceeded fifty tons per
year after the baseline year (2014) of the state implementation plan for ozone,
the facility is not subject to paragraph (C) of this rule.
(B) Definitions.
The definitions applicable to this rule are contained in paragraph (Y) of rule 3745-21-01 of the Administrative Code.
(C) Overall requirements for industrial
wastewater.
(1) Except as otherwise exempted
under paragraph (C)(2) of this rule, the owner or operator of an affected
industrial category at a facility that meets the applicability criteria of
paragraph (A) of this rule shall comply with paragraphs (D) to (L) of this
rule.
(2) The following exemptions
shall apply:
(a) Any plant with an annual
affected VOCs loading in wastewater, as determined in accordance with paragraph
(I) of this rule (relating to determination of wastewater characteristics),
less than or equal to ten megagrams (11.03 tons) is exempt from paragraph (D)
of this rule.
(b) At any plant with
an annual affected VOC loading in wastewater, as determined in accordance with
paragraph (I) of this rule, greater than ten megagrams (11.03 tons), the owner
or operator of the plant may exempt from paragraph (D) of this rule one or more
affected VOC wastewater streams for which the sum of the annual VOC loading in
wastewater for all of the exempted streams is less than or equal to ten
megagrams (11.03 tons).
(c) If
compliance with paragraph (D) of this rule would create a safety hazard in a
waste management unit, the owner or operator may request the USEPA to exempt
that waste management unit from paragraph (D) of this rule. The USEPA shall
approve the request if justified by the likelihood and magnitude of the
potential injury and if the USEPA determines that reducing or eliminating the
hazard is technologically or economically unreasonable. Such approval shall
occur when the Ohio EPA is informed, in writing, that USEPA has no objections
to this exemption.
(d) Wet weather
retention basins are exempt from this rule.
(e)
Paragraph (D) of
this rule is not applicable to any facility where the director has established
and USEPA has approved source-specific RACT.
(D) Control requirements for
process wastewater.
(1) The owner or operator
of a facility with an affected industrial category shall comply with the
following control requirements. Any waste management unit that receives,
manages, or treats an affected VOC wastewater stream or affected residual shall
be controlled in accordance with paragraph (D)(2) of this rule or with one of
the alternate methods of control listed in paragraph (E) of this
rule.
(2) The owner or operator of
a facility with an affected industrial category shall comply with the following
control requirements. Any waste management unit that receives, manages, or
treats an affected VOC wastewater stream or an affected residual shall be
controlled in accordance with paragraphs (D)(3) to (D)(8) of this rule. The
control requirements apply from the point of generation of an affected VOC
wastewater stream until the affected VOC wastewater stream, including any
affected residual, is either returned to a process unit or treated in
accordance with paragraph (D)(8) of this rule.
(3) For each individual drain system that
receives or manages an affected VOC wastewater stream or an affected residual,
the owner or operator shall comply with either of the following:
(a) The owner or operator shall operate and
maintain on each opening in the individual drain system a cover and if vented,
route the vapors to a process or through a closed vent system to a control
device as follows:
(i) The cover and all
openings shall be maintained in a closed position at all times that an affected
VOC wastewater stream or an affected residual is in the drain system except
when it is necessary to use the opening for sampling or removal, or for
equipment inspection, maintenance, or repair.
(ii) The control device shall be designed and
operated to reduce the affected VOC vented to it by at least ninety per cent by
weight.
(iii) The individual drain
system shall be designed and operated to segregate the vapors within the system
from other drain systems and the atmosphere.
(b) The owner or operator shall comply with
the following:
(i) Each drain shall be
equipped with water seal controls or a tightly fitting cap or plug.
(ii) If a water seal is used on a drain
receiving an affected VOC wastewater stream or an affected residual, the owner
or operator shall either extend the pipe discharging the wastewater below the
liquid surface in the water seal of the receiving drain, or install a flexible
shield (or other enclosure which restricts wind motion across the open area
between the pipe and the drain) that encloses the space between the pipe
discharging the wastewater to the drain receiving the wastewater. (A water seal
which is used on a hub receiving a wastewater stream that is not an affected
VOC wastewater stream or an affected residual for the purpose of eliminating
cross ventilation to drains carrying an affected VOC wastewater stream or an
affected residual is not required to have an extended subsurface discharging
pipe or a flexible shield.)
(iii)
Each junction box shall be equipped with a tightly fitting solid cover (i.e.,
no visible gaps, cracks, or holes) which shall be kept in place at all times
except during inspection and maintenance.
(iv) If the junction box is vented, the owner
or operator shall comply with one of the following:
(a) The junction box shall be vented to a
process or through a closed vent system to a control device that is designed
and operated to reduce the VOC vented to it by at least ninety per cent by
weight.
(b) If the junction box is
filled and emptied by gravity flow (i.e., there is no pump) or is operated with
no more than slight fluctuations in the liquid level, the owner or operator may
vent the junction box to the atmosphere provided that the junction box complies
with the following requirements:
(i) The vent
pipe shall be at least ninety centimeters in length and no greater than
10.2 centimeters in nominal
inside diameter.
(ii) Water seals
shall be installed and maintained at the wastewater entrance to or exit from
the junction box restricting ventilation in the individual drain system and
between components in the individual drain system.
(v) Each sewer line shall not be
open to the atmosphere and shall be covered or enclosed in a manner so as to
have no visible gaps or cracks in joints, seals, or other emission
interfaces.
(4) For each surface impoundment that
receives, manages, or treats an affected VOC wastewater stream or an affected
residual, the owner or operator shall comply with either of the following:
(a) The surface impoundment shall be equipped
with a cover (e.g., air-supported structure or rigid cover) and a closed-vent
system which routes the VOC vapors vented from the surface impoundment to a
control device that meets the following:
(i)
Each opening (e.g., access hatch, sampling port, and gauge well) shall be
maintained in a closed position (e.g., covered by a lid) at all times that an
affected VOC wastewater stream or an affected residual is in the surface
impoundment except when it is necessary to use the opening for sampling,
removal, or for equipment inspection, maintenance, or repair.
(ii) The cover shall be used at all times
that an affected VOC wastewater stream or an affected residual is in the
surface impoundment except during removal of treatment residuals in accordance
with 40 CFR
268.4 or closure of the surface impoundment
in accordance with 40 CFR
264.228.
(iii) The control device shall be designed
and operated to reduce the affected VOC vented to it by at least ninety per
cent by weight.
(b) The
surface impoundment shall be equipped with a floating flexible membrane cover
that meets the following:
(i) The flexible
membrane cover shall be designed to float on the liquid surface during normal
operations, and to form a continuous barrier over the entire surface area of
the liquid.
(ii) The flexible
membrane cover shall be fabricated from a synthetic membrane material that is
either a high density polyethylene with a thickness no less than
2.5 millimeters (one hundred
mils) or a material (or a composite of different materials) determined to have
both organic permeability properties that are equivalent to those of the high
density polyethylene material and chemical and physical properties that
maintain the material integrity for the intended service life of the
material.
(iii) The flexible
membrane cover shall be installed in a manner such that there are no visible
cracks, holes, gaps, or other open spaces between cover section seams or
between the interface of the cover edge and its foundation mountings.
(iv) Except as provided for in paragraph
(D)(4)(b)(v) of this rule, each opening in the flexible membrane cover shall be
equipped with a closure device designed to operate such that when the closure
device is secured in the closed position there are no visible cracks, holes,
gaps, or other open spaces in the closure device or between the perimeter of
the cover opening and the closure device.
(v) The flexible membrane cover may be
equipped with one or more emergency cover drains for removal of stormwater.
Each emergency cover drain shall be equipped with a slotted membrane fabric
cover that covers at least ninety per cent of the area of the opening or a
flexible fabric sleeve seal.
(vi)
Whenever an affected VOC wastewater stream or an affected residual is in the
surface impoundment, the flexible membrane cover shall float on the liquid and
each closure device shall be secured in the closed position. Opening of closure
devices or removal of the flexible membrane cover is allowed to provide access
to the surface impoundment for performing routine inspection, maintenance, or
other activities needed for normal operations or to remove accumulated sludge
or other residues from the bottom of the surface impoundment.
(5) For each oil-water
separator that receives, manages, or treats an affected VOC wastewater stream
or an affected residual, the owner or operator shall comply with either of the
following:
(a) The oil-water separator shall
be equipped with a fixed roof and a closed vent system that routes the vapors
vented from the oil-water separator to a control device in accordance with
following:
(i) Each opening in the fixed roof
(e.g., access hatches, sampling ports, and gauge wells) shall be maintained in
a closed, sealed position (e.g., covered by a lid that is gasketed and latched)
at all times that the oil-water separator contains an affected VOC wastewater
stream or an affected residual except when it is necessary to use the opening
for sampling or removal, or for equipment inspection, maintenance, or
repair.
(ii) The control device
shall be designed and operated to reduce the VOC vented to it by at least
ninety per cent by weight.
(b) The oil-water separator shall be equipped
with a floating roof in accordance with the following:
(i) The oil-water separator shall be equipped
with a floating roof that has a closure device between the floating roof and
the wall of the separator. For portions of the oil-water separator where it is
infeasible to construct and operate a floating roof, such as over the weir
mechanism, the owner or operator shall operate and maintain a fixed roof,
closed vent system, and control device that meets paragraph (D)(5)(a) of this
rule.
(ii) The closure device shall
consist of a primary seal and a secondary seal. The primary seal shall be a
liquid-mounted seal or a mechanical shoe seal. The secondary seal shall be
above the floating roof and cover the annular space between the floating roof
and the wall of the separator.
(iii) The floating roof shall be floating on
the liquid (i.e., off the roof supports) at all times except during abnormal
conditions (i.e., low flow rate).
(iv) Except as provided for in paragraph
(D)(5)(b)(v) of this rule, each opening in the floating roof shall be equipped
with a gasketed cover, seal or lid, which shall be maintained in the closed
position at all times, except during inspection and maintenance.
(v) The floating roof may be equipped with
one or more emergency cover drains for removal of stormwater. Each emergency
cover drain shall be equipped with a slotted membrane fabric cover that covers
at least ninety per cent of the area of the opening or a flexible fabric sleeve
seal.
(6) For
each portable container that receives, manages, or treats an affected VOC
wastewater stream or an affected residual, the owner or operator shall operate
and maintain a cover on the portable container and shall comply with the
following:
(a) The cover shall remain in place
and all openings (e.g., bungs, hatches, sampling ports, and pressure relief
devices) shall be maintained in a closed position (e.g., covered by a lid) at
all times that an affected VOC wastewater stream or an affected residual is in
the portable container except when it is necessary to use the opening for
filling, removal, inspection, sampling, or pressure relief events related to
safety considerations to prevent physical damage or permanent deformation of
the portable container or cover.
(b) For portable containers with a capacity
greater than or equal to one hundred ten gallons, a submerged fill pipe shall
be used when a container is being filled by pumping with an affected VOC
wastewater stream or an affected residual. The submerged fill pipe outlet shall
extend to no more than six inches or within two fill pipe diameters of the
bottom of the container while the container is being filled.
(c) During treatment of an affected VOC
wastewater stream or an affected residual, including aeration, thermal or other
treatment, in a portable container, whenever it is necessary for the container
to be open, the container shall be located within an enclosure with a
closed-vent system that routes the VOC vapors vented from the container to a
control device. The control device shall be designed and operated to reduce the
VOC vented to it by at least ninety per cent by weight.
(7) For each wastewater tank that receives,
manages, or treats an affected VOC wastewater stream or an affected residual,
the owner or operator shall comply with either of the following:
(a) The owner or operator shall operate and
maintain a fixed roof for the wastewater tank, except a wastewater tank that
meets any of the following conditions:
(i)
Used for heating wastewater.
(ii)
Used for treating by means of an exothermic reaction.
(iii) The contents of the tank is
sparged.
(iv) The wastewater tank
has a capacity equal to or greater than forty thousand gallons and the maximum
vapor pressure stored material is equal to or greater than
1.5 pounds per square inch
absolute.
(b) The owner
or operator shall operate and maintain one of the following emission control
techniques:
(i) A fixed roof and a closed-vent
system that routes the VOC vapors vented from the wastewater tank to a control
device that meets the following:
(a) Each
opening in the fixed roof (e.g., access hatches, sampling ports, and gauge
wells) shall be maintained in a closed position (e.g., covered by a lid) at all
times that the wastewater tank contains an affected VOC wastewater stream or an
affected residual except when it is necessary to use the opening for wastewater
sampling, removal, or for equipment inspection, maintenance, or
repair.
(b) The control device
shall be designed and operated to reduce the VOC vented to it by at least
ninety per cent by weight.
(ii) A fixed roof and an internal floating
roof that meets the following:
(a) The
internal floating roof shall be floating on the liquid surface at all times
except when the floating roof shall be supported by the leg supports during
initial fill, after the tank has been completely emptied and degassed, and when
the tank is completely emptied before being subsequently refilled.
(b) When the floating roof is resting on the
leg supports, the process of filling, emptying, or refilling shall be
continuous and shall be accomplished as soon as practical.
(c) The internal floating roof shall be
equipped with a closure device between the wall of the tank and the roof edge.
The closure device shall consist of a liquid-mounted seal, or a metallic shoe
seal, or two seals mounted one above the other so that each forms a continuous
closure that completely covers the space between the wall of the storage vessel
and the edge of the internal floating roof. The lower seal may be
vapor-mounted, but both shall be continuous seals.
(d) Automatic bleeder vents are to be closed
at all times when the roof is floating, except when the roof is being floated
off or is being landed on the roof leg supports.
(e) Each opening in a noncontact internal
floating roof except for automatic bleeder vents (vacuum breaker vents) and rim
space vents is to provide a projection below the liquid surface.
(f) Each opening in the internal floating
roof except for leg sleeves, automatic bleeder vents, rim space vents, column
wells, ladder wells, sample wells, and stub drains shall be equipped with a
cover or lid. The cover or lid shall be equipped with a gasket.
(g) Each penetration of the internal floating
roof for the purposes of sampling shall be a sample well. Each sample well
shall have a slit fabric cover that covers at least ninety per cent of the
opening.
(h) Each automatic bleeder
vent shall be gasketed.
(i) Each
rim space vent shall be gasketed.
(j) Each penetration of the internal floating
roof that allows for passage of a ladder shall have a gasketed sliding
cover.
(k) Each penetration of the
internal floating roof that allows for passage of a column supporting the fixed
roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover.
(l) Each cover or lid on any
opening in the internal floating roof shall be closed (i.e., no visible gaps),
except when the cover or lid shall be open for access. Covers on each access
hatch and each gauge float well shall be bolted or fastened so as to be
air-tight when they are closed. Rim space vents are to be set to open only when
the internal floating roof is not floating or when the pressure beneath the rim
seal exceeds the manufacturer's recommended setting.
(iii) An external floating roof that meets
the following:
(a) Each external floating roof
shall be equipped with a closure device between the wall of the storage vessel
and the roof edge. The closure device is to consist of two seals, one above the
other. The lower seal (primary seal) shall be either a metallic shoe seal or a
liquid-mounted seal. The upper seal (secondary seal) shall be a rim-mounted or
shoe-mounted seal.
(b) Except
during inspections, both the primary seal and the secondary seal shall
completely cover the annular space between the external floating roof and the
wall of the storage vessel in a continuous fashion.
(c) Except for automatic bleeder vents
(vacuum breaker vents) and rim space vents, each opening in the noncontact
external floating roof shall provide a projection below the liquid
surface.
(d) Except for automatic
bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in
the roof is to be equipped with a gasketed cover, seal or lid which is to be
maintained in a closed position (i.e., no visible gap) at all times except when
the cover or lid shall be open for access. Covers on each access hatch and each
gauge float well shall be bolted or fastened so as to be air-tight when they
are closed.
(e) Automatic bleeder
vents are to be closed at all times when the roof is floating, except when the
roof is being floated off or is being landed on the roof leg
supports.
(f) Rim space vents are
to be set to open only when the roof is being floated off the roof leg supports
or when the pressure beneath the rim seal exceeds the manufacturer's
recommended setting.
(g) Automatic
bleeder vents and rim space vents are to be gasketed.
(h) Each roof drain that empties into the
stored liquid is to be provided with a slotted membrane fabric cover that
covers at least ninety per cent of the area of the opening.
(i) Each unslotted guide pole well shall have
a gasketed sliding cover or a flexible fabric sleeve seal.
(j) Each unslotted guide pole shall have on
the end of the pole a gasketed cap which is closed at all times except when
gauging the liquid level or taking liquid samples.
(k) Each slotted guide pole well shall have a
gasketed sliding cover or a flexible fabric sleeve seal.
(l) Each slotted guide pole shall have a
gasketed float or other device which closes off the liquid surface from the
atmosphere.
(m) Each gauge
hatch/sample well shall have a gasketed cover which is closed at all times
except when the hatch or well shall be open for access.
(n) The external floating roof shall be
floating on the liquid surface at all times except when the floating roof shall
be supported by the leg supports during the following periods:
(i) During the initial fill.
(ii) After the tank has been completely
emptied and degassed.
(iii) When
the tank is completely emptied before being subsequently refilled.
(o) When the floating roof is
resting on the leg supports, the process of filling, emptying, or refilling
shall be continuous and shall be accomplished as soon as practical.
(8) For each
treatment process managing an affected VOC wastewater stream or an affected
residual, the owner or operator shall comply with paragraphs (D)(8)(a) to
(D)(8)(g) of this rule. Once an affected VOC wastewater stream or an affected
residual has been treated in accordance with paragraphs (D)(8)(a) to (D)(8)(g)
of this rule, it is no longer subject to this rule.
(a) Each treatment process shall meet the
applicable requirements of paragraphs (D)(3) to (D)(7) of this rule.
(b) Gases vented from a treatment process
shall be routed by means of a closed vent system to a control device which is
designed and operated to reduce the VOC vented to it by at least ninety per
cent by weight. This requirement does not apply to any open biological
treatment process that meets an alternative method of control under paragraph
(E) of this rule. Vents from anaerobic biological treatment processes may be
routed through hard-piping to a fuel gas system.
(c) For each of the affected VOC wastewater
streams that are treated in a nonbiological treatment process (or a combination
of nonbiological treatment processes), the owner or operator shall, by removal
or destruction, reduce the mass flow rate of affected VOC by ninety per cent or
more while reducing the affected VOC concentration to less than one thousand
parts per million by weight. Dilution shall not be used to achieve compliance
with this paragraph. This requirement is not applicable for wastewater of
residuals that comply with the requirements for RCRA treatment options
specified in paragraph (D)(8)(f) of this rule.
(d) The owner or operator using a closed
biological treatment process for at least one affected VOC wastewater stream
shall reduce the mass flow rate for all affected VOC from all wastewater
streams entering the biological treatment process by at least ninety per
cent.
(e) (Design steam stripper
option.) The owner or operator shall operate and maintain a steam stripper that
meets all of the following:
(i) Minimum active
column height of five meters.
(ii)
Countercurrent flow configuration with a minimum of ten actual trays.
(iii) Minimum steam flow rate of 0.04
kilograms of steam per liter of wastewater feed within the column.
(iv) Minimum wastewater feed temperature to
the steam stripper of ninety-five degrees Celsius, or minimum column operating
temperature of ninety-five degrees Celsius.
(v) Maximum liquid loading of sixty-seven
thousand one hundred liters per hour per square meter.
(vi) Operate at nominal atmospheric
pressure.
(f) (RCRA
treatment options.) The owner or operator may elect to treat the affected VOC
wastewater stream or affected residual in a unit identified in, and complying
with one of the following:
(i) The affected
VOC wastewater stream or affected residual is discharged to a hazardous waste
incinerator for which the owner or operator has been issued a final permit
under 40 CFR part 270 and complies with 40 CFR part 264, subpart O, or has
certified compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(ii) The affected VOC
wastewater stream or affected residual is discharged to a process heater or
boiler burning hazardous waste for which the owner or operator:
(a) Has been issued a final permit under 40
CFR part 270 and complies with 40 CFR part 266, subpart H; or
(b) Has certified compliance with the interim
status requirements of 40 CFR part 266, subpart H.
(iii) The affected VOC wastewater stream or
affected residual is discharged to an underground injection well for which the
owner or operator has been issued a final permit under 40 CFR part 270 or 40
CFR part 144 and complies with 40 CFR part 122. The owner or operator shall
comply with all applicable requirements of this subpart prior to the point
where the wastewater enters the underground portion of the injection
well.
(g) (Affected
residuals.) For each affected residual, the owner or operator shall control for
air emissions by complying with paragraphs (D)(3) to (D)(7) of this rule and by
complying with one of the following:
(i)
Recycle the affected residual to a production process or sell the affected
residual for the purpose of recycling. Once an affected residual is returned to
a production process, the affected residual is no longer subject to this
rule.
(ii) Return the affected
residual to the treatment process.
(iii) Treat the affected residual to destroy
the total combined mass flow rate of affected VOC by ninety-nine per cent or
more in a nonbiological treatment process.
(iv) Comply with the requirements for RCRA
treatment options specified in paragraph (D)(8)(f) of this rule.
(E)
Alternate methods of control.
The following alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this rule may be utilized if approved by the USEPA. Such approval shall occur when the Ohio EPA is informed, in writing, that USEPA has no objections to the alternate method of control.
(1) (Ninety per cent overall control option)
As an alternative to the control requirements of paragraph (D) of this rule
(relating to control requirements), the owner or operator of waste management
units may elect to ensure that the overall control of VOC emissions at the
facility from wastewater from affected source industries is at least ninety per
cent less than the calendar year baseline emissions inventory for VOC emissions
to the ambient air from process wastewater, provided that adequate
documentation is submitted which supports the accuracy of the calendar year
baseline emission inventory and the following requirements are met.
(a) To qualify for the control option
available under paragraph (E)(1) of this rule after May 27, 2005 for facilities located in Butler, Clermont,
Hamilton, or Warren county or August 25, 2008 for facilities located in
Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summit
county
the date the facility became subject to
this rule, the owner or operator of a waste management unit for which a
control plan was not previously submitted shall submit a control plan to the
director and the appropriate Ohio EPA district office or local air agency which
demonstrates that the overall control of VOC emissions at the facility from
wastewater from affected industrial categories will be at least ninety per cent
less than the calendar year baseline emissions inventory. Any control plan
submitted after May 27, 2005 for facilities located
in Butler, Clermont, Hamilton, or Warren county or August 25, 2008 for
facilities located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,
Portage, or Summit county
the date the facility
became subject to this rule, shall be approved by the USEPA in writing
before the owner or operator may use the control option available under
paragraph (E)(1) of this rule for compliance. At a minimum, the control plan
shall include the applicable emissions unit identification; the facility
premise number (PN); the calendar year calendar year baseline emission rates of
VOC from wastewater from affected industrial categories (consistent with the
calendar year baseline emissions inventory); a plot plan showing the location,
the emissions unit identification, and PN associated with a waste management
units; the VOC emission rates for the preceding calendar year; and an
explanation of the recordkeeping procedure and calculations which will be used
to demonstrate compliance. The VOC emission rates shall be calculated in a
manner consistent with the calendar year baseline emissions
inventory.
(b) The owner or
operator shall submit an annual report no later than March thirty-first of each
year to the director and the appropriate Ohio EPA district office or local air
agency, which demonstrates that the overall control of VOC emissions at the
account from wastewater from affected industrial categories during the
preceding calendar year is at least ninety per cent less than the baseline
emissions inventory. At a minimum, the report shall include the PN; the
emissions unit identification; the throughput of wastewater from affected
industrial categories; a plot plan showing the location; the emissions unit
identification; and the premise number associated with waste management units;
and the VOC emission rates for the preceding calendar year. The emission rates
for the preceding calendar year shall be calculated in a manner consistent with
the calendar year baseline emissions inventory.
(c) All representations in control plans and
annual reports become enforceable conditions. It shall be unlawful for any
person to vary from such representations if the variation will cause a change
in the identity of the specific emission sources being controlled or the method
of control of emissions unless the owner or operator submits a revised control
plan to the director and the appropriate Ohio EPA district office or local air
agency no later than thirty days after the change. All control plans and
reports shall include documentation that the overall reduction of VOC emissions
at the account from wastewater from affected source categories continues to be
at least ninety per cent less than the calendar year baseline emissions
inventory. The emission rates shall be calculated in a manner consistent with
the calendar year baseline emissions inventory.
(d) For waste management units
located in Butler, Clermont, Hamilton or Warren
county
subject to this rule pursuant to
paragraph (A)(1)(a) of this rule, the calendar year baseline is
1990.
(e) For waste management
units located in Ashtabula, Cuyahoga, Geauga, Lake,
Lorain, Medina, Portage, or Summit county
subject to this rule pursuant to paragraph (A)(1)(b) of this
rule, the calendar year baseline is 2002.
(f)
For waste
management units subject to this rule pursuant to paragraph (A)(1)(c) of this
rule, the calendar year baseline is 2014.
(2) The owner or operator of an affected
industrial category may elect to comply with the provisions of 40 CFR part 63,
subpart G ("National Emission Standards for Hazardous Air Pollutants From the
Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage
Vessels, Transfer Operations, and Wastewater"), 40 CFR part 63, subpart JJJ
("National Emission Standards for Hazardous Air Pollutants: Group IV Polymers
and Resins"), 40 CFR part 63, subpart FFFF ("National Emission Standards for
Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing") or any
other emission standard promulgated under 40 CFR part 63 that references the
wastewater control requirements set forth in 40 CFR part 63, subpart G if the
wastewater stream is subject to the national emission standards for hazardous
air pollutants control requirements for that category, as alternatives to
complying with this rule, provided the following:
(a) The term "affected VOC" is substituted
each place that 40 CFR part 63, subpart G, subpart JJJ, subpart FFFF and any
other 40 CFR part 63 emission standard references the term "organic hazardous
air pollutant" or "organic HAP".
(b) For affected VOC not specifically listed
in table 9 of 40 CFR part 63, subpart G the corresponding fraction removed (Fr)
value shall be determined by one of the following:
(i) Determine the Fr value by the procedures
in 40 CFR part 60, appendix J as proposed on December 9, 1998 in the Federal
Register.
(ii) Assign an Fr value
of 0.99.
(iii) Use WATER9, a
wastewater treatment model of USEPA, to determine the Fr value of a
chemical.
(c) Before
implementing the option available under paragraph (E)(2) of this rule, the
owner or operator provides written notice of their intent to utilize this
option to the director and the appropriate Ohio EPA district office or local
air agency of the intention to use this option.
(F) Inspection and monitoring.
The owner or operator of a waste management unit that is subject to paragraph (D) or (E) of this rule shall comply with the following inspection and monitoring requirements. An owner or operator choosing to comply with a subpart in 40 CFR part 63 in paragraph (E)(2) of this rule, provided the wastewater management unit is subject to that subpart, may comply with the inspection monitoring and record keeping requirements of the subpart instead of this paragraph.
(1)
[Reserved.]
(2) All seals, covers,
closed vent systems, and other equipment used to comply with paragraph (D) or
(E) of this rule (relating to control requirements) shall be visually inspected
for leaks and improper condition initially, semiannually, and upon repair as
specified under paragraphs (F)(2)(a) to (F)(2)(k) of this rule. If any seal,
cover, closed vent system, or other equipment is found to have a leak or
improper condition, a first attempt at repair shall be completed as soon as
possible, but no later than fifteen calendar days after detection, unless the
repair or correction is technically infeasible without requiring a process unit
shutdown, in which case the repair or correction shall be made at the next
process unit shutdown.
(a) For a wastewater
tank equipped with a fixed roof and vapor control system (closed vent system
and control device), visually inspect the fixed roof, openings, and the closed
vent system for leaks, except for a cover and closed vent system maintained
under negative pressure.
(b) For a
wastewater tank equipped with an internal or external floating roof, visually
inspect for the following improper conditions:
(i) Leaving open any access door or other
opening when such door or opening is not in use.
(ii) The floating roof is not resting on
either the surface of the liquid or on the leg supports.
(iii) There is stored liquid on the floating
roof.
(iv) A rim seal is detached
from the floating roof.
(v) There
are holes, tears, cracks or gaps in the rim seal or seal fabric of the floating
roof.
(vi) There are visible gaps
between the seal of an internal floating roof and the wall of the wastewater
tank.
(vii) Where a metallic shoe
seal is used on an external floating roof, one end of the metallic shoe does
not extend into the stored liquid or one end of the metallic shoe does not
extend a minimum vertical distance of sixty-one centimeters above the surface
of the stored liquid.
(viii) A
gasket, joint, lid, cover, or door has a crack or gap, or is broken.
(c) For a surface impoundment,
visually inspect the cover and all openings for leaks, except for a cover and
closed vent system maintained under negative pressure.
(d) For a surface impoundment, visually
inspect the following improper conditions:
(i)
Leaving open any access hatch or other opening when such hatch or opening is
not in use.
(ii) A joint, lid,
cover, or door has a crack or gap, or is broken.
(e) For a portable container, visually
inspect the cover and all openings for leaks.
(f) For a portable container that is located
within an enclosure that is vented by means of a closed vent system to a
control device, visually inspect the enclosure and closed vent system for
leaks, except for an enclosure and closed vent system maintained under negative
pressure.
(g) For a portable
container, visually inspect for the following improper conditions:
(i) Leaving open any access hatch or other
opening when such hatch or opening is not in use.
(ii) A cover or door has a gap or crack, or
is broken.
(h) For an
individual drain systems, visually inspect for the following improper
conditions:
(i) A joint, lid, cover, or door
has a gap, crack, hole or is broken.
(ii) Leaving open any access hatch or other
opening when such hatch or opening is not in use for sampling or removal, or
for equipment inspection, maintenance, or repair.
(iii) Sufficient water is not present to
properly maintain integrity of water seals.
(iv) Drains using tightly-fitted caps or
plugs have caps and plugs that are not in place or not properly
installed.
(v) Junction boxes do
not have covers in place or covers have visible gaps, cracks, or
holes.
(vi) Unburied portion of
sewer lines have cracks or gaps.
(i) For a junction box vented to a process or
through a closed vent system to a control device, visually inspect for leaks in
the closed vent system.
(j) For
oil-water separators, visually inspect fixed roof and all openings for
leaks.
(k) For oil-water separators
equipped with a floating roof, visually inspect for the following improper
conditions:
(i) Leaving open or ungasketed any
access door or other opening when such door or opening is not in use.
(ii) The floating roof is not resting on
either the surface of the liquid or on the leg supports.
(iii) There is stored liquid on the floating
roof.
(iv) A rim seal is detached
from the floating roof.
(v) There
are holes, tears, or other open spaces in the rim seal or seal fabric of the
floating roof.
(vi) A gasket,
joint, lid, cover, or door has a gap or crack, or is broken.
(3) For a wastewater
tank or oil-water separator equipped with an external floating roof having
primary and secondary seals used to comply with paragraph (D) or (E) of this
rule, the secondary seal shall be inspected for seal gaps and repaired as
follows:
(a) The secondary seal shall be
measured for seal gaps initially, annually, and after repair, as determined
under paragraph (I) of rule 3745-21-10 of the Administrative Code.
(b) The accumulated area of gaps that exceed
one-eighth inch (0.32 cm) in width between the secondary seal and tank wall
shall be no greater than 1.0 square inch per foot (twenty-one square
centimeters per meter) of tank diameter.
(c) If the seal gap requirement of paragraph
(F)(3)(b) of this rule is not being met, the secondary seal shall be repaired
or replaced within forty-five days after detection of the improper seal gap
unless the repair or correction is technically infeasible without requiring a
process unit shutdown, in which case the repair or correction shall be made at
the next process unit shutdown.
(4) The following records shall be maintained
on leaks, improper conditions, and improper seal gaps:
(a) The date on which a leak, improper
condition, or improper seal gap is discovered.
(b) The date on which a first attempt at
repair was made to correct the leak or improper condition.
(c) The date on which a leak, improper
condition, or improper seal gap is repaired.
(5) Monitors shall be installed and
maintained as required by this paragraph to measure operational parameters of
any emission control device or other device installed to comply with paragraph
(D) or (E) of this rule. Such monitoring and parameters shall be sufficient to
demonstrate proper functioning of those devices to design specifications, and
include the following monitoring and parameters:
(a) For an enclosed non-catalytic combustion
device (including, but not limited to, a thermal incinerator, boiler, or
process heater), continuously monitor and record the temperature of the gas
stream either in the combustion chamber or immediately downstream before any
substantial heat exchange.
(b) For
a catalytic incinerator, one of the following:
(i) Continuously monitor and record the
temperature of the gas stream immediately before and after the catalyst
bed.
(ii) If an owner or operator
elects to implement an inspection and maintenance plan for the catalytic
incinerator that meets paragraph (F)(7) of this rule, continuously monitor and
record the temperature of the gas stream immediately before the catalyst bed
only.
(c) For a
condenser (chiller), continuously monitor and record the temperature of the gas
stream at the condenser exit.
(d)
For a carbon adsorber, continuously monitor and record the VOC concentration of
exhaust gas stream to determine if breakthrough has occurred. If the carbon
adsorber does not regenerate the carbon bed directly in the control device
(e.g., a carbon canister), the exhaust gas stream shall be monitored daily or
at intervals no greater than twenty per cent of the design replacement
interval, whichever is greater, or as an alternative to conducting monitoring,
the carbon may be replaced with fresh carbon at a regular predetermined time
interval that is less than the carbon replacement interval that is determined
by the maximum design flow rate and the VOC concentration in the gas stream
vented to the carbon adsorber.
(e)
For a flare, meet the requirements specified in
40 CFR
60.18(b).
(f) For a steam stripper, continuously
monitor and record the steam flow rate, the wastewater feed mass flow rate, and
either the wastewater feed temperature or the column operating temperature
(i.e., the temperature in the column top tray liquid phase at the
downcomer).
(g) For vapor control
systems other than those specified in paragraphs (F)(5)(a) to (F)(5)(f) of this
rule, continuously monitor and record the appropriate operating
parameters.
(h) In lieu of the
monitoring and parameters listed in paragraphs (F)(5)(a) to (F)(5)(g) of this
rule, other monitoring and parameters may be approved or required by the USEPA.
Such approval or requirement shall occur when the Ohio EPA is informed, in
writing, that USEPA has no objection to, or requires, the other monitoring and
parameters that are indicated.
(6) For a closed-vent system that is used to
comply with paragraph (D) or (E) of this rule and that is designed to operate
at a pressure below atmospheric pressure, the closed-vent system shall be
equipped with at least one pressure guage or other pressure measurement device
that can be read from a readily accessible location to verify that negative
pressure is being maintained in the closed-vent system when the control device
is operating.
(7) For an owner or
operator that elects 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.
(d) Records, and a description of the results
of each inspection and catalyst activity analysis.
(G) Approved test methods.
Compliance with the emission specifications, vapor control system efficiency, and certain control requirements, inspection requirements, and exemption criteria of paragraphs (D) to (F) and paragraph (C)(2) of this rule (relating to control requirements, alternate control requirements, inspection and monitoring requirements, and exemptions) shall be determined by applying one or more of the following test methods and procedures, as appropriate.
(1) (Gas flow rate) USEPA
methods 1, 2, 3 and 4 are used for determining gas flow rates, as
necessary.
(2) Concentration of
affected VOCs in a gas stream.
(a) USEPA
method 18 is used for determining gaseous organic compound emissions by gas
chromatography.
(b) USEPA method 25
is used for determining total gaseous nonmethane organic emissions as
carbon.
(c) USEPA method 25A or 25B
are used for determining total gaseous organic concentrations using flame
ionization or nondispersive infrared analysis.
(3) Performance test for control devices.
(a) For flares, the performance test
requirements of 40 CFR
60.18(b) shall apply.
Compliance with 40 CFR
60.18(b) will be considered
to represent ninety-eight per cent control of the VOC in the flare
inlet.
(b) For control devices
other than flares, the VOC control efficiency shall be determined in accordance
with paragraph (C) of rule 3745-21-10 of the Administrative Code where the flow
rate and VOC concentration of the inlet and outlet gas streams of the control
device are measured as specified under paragraphs (G)(1) and (G)(2) of this
rule.
(4) (Vapor
pressure) Use standard reference texts or ASTM test methods D323-08, D2879-10,
D4953-06(2012), D5190-07, or D5191-12 for the measurement of vapor pressure,
adjusted for actual storage temperature in accordance with API "MPMS Chapter
19.2 ".
(5) (Leak determination by
instrument method) Use USEPA method 21 for determining VOC leaks and for
monitoring a carbon canister in accordance with paragraph (F)(5)(d) of this
rule.
(6) (Determination of VOC
concentration of wastewater samples) Use SW-846 method 5030B (purge and trap)
followed by SW-846 method 8015C with a DB-5 boiling point (or equivalent
column), and flame ionization detector, with the detector calibrated with
benzene as required by 40 CFR part 261; SW-846 methods 5021, 5030B (followed by
8021B), 8260B, and 9060A as required by 40 CFR part 261; USEPA methods 602,
624, 1624, 625, 1625; USEPA method 305; Standard method 5310D contained in
standard methods for the examination of water and wastewater; or USEPA method
25D. In the event of any conflict, USEPA method 25D takes precedence.
(7) The measurement of wastewater flow rate
shall be determined with flow measurement devices. Flow rate measurements shall
be taken at the same time as the concentration measurements.
(8) (Minor modifications) Minor modifications
to these test methods may be used, if approved by the USEPA. Such approval
shall occur when the Ohio EPA is informed, in writing, that USEPA has no
objections to the minor modifications to the test methods.
(9) (Alternate test methods) Test methods
other than those specified in paragraphs (G)(1) to (G)(8) of this rule may be
used if validated by USEPA method 301.
(H) Recordkeeping.
The owner or operator of an affected industrial category shall comply with the following recordkeeping requirements.
(1) Complete and up-to-date records shall be
maintained as needed to demonstrate compliance with paragraphs (D) and (E) of
this rule (relating to control requirements and alternate control requirements)
which are sufficient to demonstrate the characteristics of wastewater streams
and the qualification for any exemptions claimed under paragraph (C)(2) of this
rule (relating to exemptions).
(2)
Records shall be maintained of the results of any inspection or monitoring
conducted in accordance with paragraph (F) of this rule (relating to inspection
and monitoring requirements). Records shall be sufficient to demonstrate proper
functioning of applicable control equipment to design specifications to ensure
compliance with paragraphs (D) and (E) of this rule. In addition, if the owner
or operator elects to comply with paragraph (F)(5)(b)(ii) of this rule, records
from the inspection and maintenance plan for the catalytic incinerator, as
specified in paragraph (F)(7) of this rule, shall be maintained.
(3) Records shall be maintained of the
results of any testing conducted in accordance with paragraph (G) of this rule
(relating to approved test methods).
(4) All records shall be maintained at the
plant for at least five years and be made available upon request to USEPA, or
the appropriate Ohio EPA district office or local air agency.
(I) Determination of wastewater
characteristics.
The determination of the characteristics of a wastewater stream for purposes of this rule shall be made as follows:
(1) The characteristics shall be determined
at a location between the point of generation (as defined by this rule) and
before the wastewater stream is exposed to the atmosphere, treated for VOC
removal, or mixed with another wastewater stream. For wastewater streams
at a facility meeting the applicability under
paragraphs (A)(1)(a) and (A)(1)(b) of this rule and which, prior to
May 27, 2005
the
date the faclity became subject to this rule, were either actually being
mixed or construction had commenced which would result in the wastewater
streams being mixed, this mixing shall not establish a limit on where the
characteristics may be determined. For wastewater
streams at a facility meeting the applicability under paragraphs (A)(1)(c) and
(A)(1)(d) of this rule and which, prior to August 25, 2008, were either
actually being mixed or construction had commenced which would result in the
wastewater streams being mixed, this mixing shall not establish a limit on
where the characteristics may be determined.
(2) The flow rate of a wastewater stream
shall be determined on the basis of an annual average by one of the following
methods:
(a) The highest annual quantity of
wastewater managed, based on historical records for the most recent five years
of operation, or for the entire time the wastewater stream has existed if less
than five years, but at least one year.
(b) The maximum design capacity of the waste
management unit.
(c) The maximum
design capacity to generate wastewater of the process unit generating the
wastewater stream.
(d) Measurements
that are representative of the actual, normal wastewater generation
rates.
(3) The VOC
concentration of a wastewater stream shall be determined on the basis of a
flow-weighted annual average by one of the following methods, or by a
combination of the methods. If the director or USEPA determines that the VOC
concentration cannot be adequately determined by knowledge of the wastewater,
or by bench-scale or pilot-scale test data, the VOC concentration shall be
determined in accordance with paragraph (I)(3)(c) of this rule, or by a
combination of the methods in paragraphs (I)(3)(a) to (I)(3)(c) of this rule.
VOC with a "Henry's Law Constant" less than
1.8
x10-6 atmosphere-cubic meter/mole (0.1 y/x) at
twenty-five degrees Celsius shall not be included in the determination of VOC
concentration.
(a) (Knowledge of the
wastewater) Sufficient information to document the VOC concentration. Examples
of information include material balances, records of chemical purchases, or
previous test results.
(b)
(Bench-scale or pilot-scale test data) Sufficient information to demonstrate
that the bench-scale or pilot-scale test concentration data are representative
of the actual VOC concentration.
(c) (Measurements) Collect a minimum of three
representative samples from the wastewater stream and determine the affected
VOC concentration for each sample in accordance with paragraph (G) of this rule
(relating to approved test methods). The affected VOC concentration of the
wastewater stream shall be the flow-weighted average of the individual
samples.
(4) The annual
affected VOC loading in wastewater for a wastewater stream shall be the annual
average flow rate determined in paragraph (I)(2) of this rule multiplied by the
annual average affected VOC concentration determined in paragraph (I)(3) of
this rule.
(5) The annual VOC
loading in wastewater for a plant shall be the sum of the annual VOC loading in
wastewater for each affected VOC wastewater stream.
(6) The "Henry's Law Constant" shall be
determined by the procedures in 40 CFR part 60, appendix J, as proposed on
December 9, 1998 in the Federal Register.
(J) Maintenance wastewater.
(1) Each owner or operator of a source
subject to this rule shall comply with paragraphs (J)(2) and (J)(3) of this
rule for maintenance wastewaters containing volatile organic
compounds.
(2) The owner or
operator shall prepare a description of maintenance procedures for management
of wastewaters generated from the emptying and purging of equipment in the
process during temporary shutdowns for inspections, maintenance, and repair
(i.e., a maintenance-turnaround) and during periods which are not shutdowns
(i.e., routine maintenance). The descriptions shall specify the following:
(a) The process equipment or maintenance
tasks that are anticipated to create wastewater during maintenance
activities.
(b) The procedures that
will be followed to properly manage the wastewater and control VOC emissions to
the atmosphere.
(c) The procedures
to be followed when clearing materials from the process equipment.
(3) The owner or operator shall
modify and update the information required by paragraph (J)(2) of this rule as
needed following each maintenance procedure based on the actions taken and the
wastewaters generated in the preceding maintenance procedure.
(4) The owner or operator shall maintain a
record of the information required by paragraphs (J)(2) and (J)(3) of this
rule.
(K) Compliance
dates.
(1) Except where otherwise specified
within this rule, any owner or operator of a facility that is subject to this
rule shall comply with this rule by no later than the following dates:
(a) For a facility located in Butler, Clermont, Hamilton, or Warren
county
subject to this rule pursuant to
paragraph (A)(1)(a) of this rule and for which installation commenced
before May 27, 2005, the compliance date of any waste management unit within
the facility is either May 27, 2006 or the date of initial startup of the waste
management unit, whichever is later.
(b) For a facility located in Butler, Clermont, Hamilton, or Warren
county
subject to this rule pursuant to
paragraph (A)(1)(a) of this rule and for which installation commenced on
or after May 27, 2005, the compliance date of any waste management unit is the
date of initial startup of the waste management unit.
(c) For a facility located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, or Summit county
subject to
this rule pursuant to paragraph (A)(1)(b) of this rule and for which
installation commenced before August 25, 2008, the compliance date of any waste
management unit within the facility is either August 25, 2009 or the date of
initial startup of the waste management unit, whichever is later.
(d) For a facility located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, or Summit county
subject to
this rule pursuant to paragraph (A)(1)(b) of this rule and for which
installation commenced on or after August 25, 2008, the compliance date of any
waste management unit is the date of initial startup of the waste management
unit.
(e)
For a facility subject to this rule pursuant to paragraph
(A)(1)(c) of this rule and for which installation commenced before the
effective date of this rule, the compliance date of any waste management unit
within the facility is either one year after the effective date of this rule or
the date of initial startup of the waste management unit, whichever is
later.
(f)
For a facility subject to this rule pursuant to
paragraph (A)(1)(c) of this rule and for which installation commenced on or
after the effective date of this rule, the compliance date of any waste
management unit is the date of initial startup of the waste management
unit.
(2) For any
emission control device that is used to comply with an emission control
requirement of this rule, the owner or operator shall demonstrate compliance by
testing the emission control device in accordance with paragraph (G) of this
rule within ninety days after the compliance date.
(3) For any treatment process (or combined
treatment processes) that is used to comply with this rule, the owner or
operator shall demonstrate compliance by testing the treatment process (or
combined treatment processes) in accordance with the methods in paragraph (G)
of this rule within ninety days after the compliance date.
(4) Additional testing of the emission
control device or the treatment process in accordance with paragraph (G) of
this rule may be required by the director to ensure continued
compliance.
(5) In the event the
owner or operator reduces the facilities potential to emit pursuant to
paragraph (A)(4),
or (A)(5) or (A)(6)
of this rule, the date on which the facility subsequently meets the
applicability criteria of paragraph (A)(1) of this rule is the date the
facility becomes subject to this rule.
(L) Applicability notification and permit
application.(5)(7) The notification
required in paragraphs (L)(1) to (L)(4)
(L)(6) of this rule shall include the following
information:
(1) The owner or operator of a
facility that is subject to this rule, is located in
Butler, Clermont, Hamilton or Warren county
pursuant to paragraph (A)(1)(a) of this rule, and has
an initial startup of a waste management unit before May 27, 2005 shall notify
the appropriate Ohio EPA district office or local air agency in writing that
the facility is subject to this rule. The
notification, which shall be submitted not later than July 26, 2005,
shall provide
providing the information specified in paragraph
(L)(5)
(L)(7)
of this rule.
(2) The owner or
operator of a facility that is subject to this rule,
is located in Butler, Clermont, Hamilton or Warren county
pursuant to paragraph (A)(1)(a) of this rule, and
has an initial startup of a waste management unit on or after May 27, 2005,
shall notify the appropriate Ohio EPA district office or local air agency in
writing that the waste management unit is subject to this rule. The notification, which shall be submitted not
later than either the date of initial startup of the waste management unit or
July 26, 2005,
( whichever is later), shall
provide
providing the information
specified in paragraph (L)(5)
(L)(7) of this rule. The application for an
installation permit 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 facility that
is subject to this rule, is located in Ashtabula,
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summit county
pursuant to paragraph (A)(1)(b) of this rule, and
has an initial startup of a waste management unit before August 25, 2008, shall
notify the appropriate Ohio EPA district office or local air agency in writing
that the facility
wase management unit is subject to this rule. The notification, which shall be submitted not
later than October 24, 2008, shall
provide
providing the information
specified in paragraph (L)(5)
(L)(7) of this rule.
(4) The owner or operator of a facility that
is subject to this rule, is located in Ashtabula,
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summit county
pursuant to paragraph (A)(1)(a) of this rule, and
has an initial startup of a waste management unit on or after August 25, 2008,
shall notify the appropriate Ohio EPA district office or local air agency in
writing that the waste management unit is subject to this rule. The notification, which shall be submitted not
later than either the date of initial startup of the waste management unit or
October 24, 2008,
( whichever is later), shall
provide
providing the information
specified in paragraph (L)(5)
(L)(7) of this rule. The application for an
installation permit 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 facility that is subject to this rule pursuant to paragraph
(A)(1)(c) of this rule, and has an initial startup of a waste management unit
before the effective date of this rule, shall notify the appropriate Ohio EPA
district office or local air agency in writing that the waste management unit
is subject to this rule not later than sixty days after the effective date of
this rule, providing the information specified in paragraph (L)(7) of this
rule.
(6)
The owner or operator of a facility that is subject to
this rule pursuant to paragraph (A)(1)(c) of this rule, and has an initial
startup of a waste management unit 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 waste management unit is subject to this rule not later than
either the date of initial startup of the waste management unit or sixty days
after the effective date of this rule, whichever is later, providing the
information specified in paragraph (L)(7) of this rule. The application for an
installation permit under rule 3745-31-02 of the Administrative Code may be
used to fulfill the notification requirements of this
paragraph.
(a) Name and address of the
owner or operator.
(b) Address
(i.e., physical location) of the facility.
(c) Equipment description and Ohio EPA
application number (if assigned) of any waste management unit.
(d) Identification of the applicable
requirements, the means of compliance, and the compliance date for the waste
management unit.
(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 (H) of this rule.
[Comment: Applications for sources not subject to Chapter 3745-77 of the Administrative Code, requiring submittal prior to June 30, 2008, were submitted in accordance with Chapter 3745-35 of the Administrative Code.]
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 05/27/2005, 08/25/2008, 04/02/2009, 10/15/2015
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