Ohio Admin. Code 3745-256-82 - Schedule to implement air emission standards - tanks, surface impoundments, and containers

(A) Owners or operators of facilities existing on December 6, 1996 and subject to rules 3745-66-70 to 3745-66-78, 3745-66-90 to 3745-66-102, and 3745-67-20 to 3745-67-31 of the Administrative Code shall meet the following requirements:

(1) Install and begin operation of all control equipment or waste management units required to comply with rules 3745-256-80 to 3745-256-90 of the Administrative Code and complete modifications of production or treatment processes to satisfy exemption criteria in accordance with paragraph (C) of rule 3745-256-83 of the Administrative Code by December 6, 1996, except as provided for in paragraph (A)(2) of this rule.

(2) When control equipment or waste management units required to comply with rules 3745-256-80 to 3745-256-90 of the Administrative Code cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria in accordance with paragraph (C) of rule 3745-256-83 of the Administrative Code cannot be completed by December 6, 1996, the owner or operator shall:

(a) Install and begin operation of the control equipment and waste management units, and complete modifications of production or treatment processes as soon as possible but no later than December 8, 1997.

(b) Prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for control equipment, waste management units, and production or treatment process modifications; initiation of on-site installation of control equipment or waste management units, and modifications of production or treatment processes; completion of control equipment or waste management unit installation, and production or treatment process modifications; and performance of testing to demonstrate that the installed equipment or waste management units, and modified production or treatment processes meet the applicable standards of rules 3745-256-80 to 3745-256-90 of the Administrative Code.

(c) For facilities subject to the recordkeeping requirements of rules 3745-65-73 of the Administrative Code, the owner or operator shall enter the implementation schedule specified in paragraph (A)(2)(b) of this rule in the operating record no later than December 6, 1996.

(d) For facilities not subject to rules 3745-65-73 of the Administrative Code, the owner or operator shall enter the implementation schedule specified in paragraph (A)(2)(b) of this rule in a permanent, readily available file located at the facility no later than December 6, 1996.

(B) Owners or operators of facilities and units in existence on the effective date of a statutory or Ohio EPA regulatory amendment that renders the facility subject to rules 3745-66-70 to 3745-66-78, or rules 3745-66-90 to 3745-66-102, or rules 3745-67-20 to 3745-67-31 of the Administrative Code shall meet the following requirements:

(1) Install and begin operation of control equipment or waste management units required to comply with rules 3745-256-80 to 3745-256-90 of the Administrative Code, and complete modifications of production or treatment processes to satisfy exemption criteria of paragraph (C) of rule 3745-256-83 of the Administrative Code by the effective date of the amendment, except as provided for in paragraph (B)(2) of this rule.

(2) When control equipment or waste management units required to comply with rules 3745-256-80 to 3745-256-90 of the Administrative Code cannot be installed and begin operation, or when modifications of production or treatment processes to satisfy exemption criteria of paragraph (C) of rule 3745-256-83 of the Administrative Code cannot be completed by the effective date of the amendment, the owner or operator shall:

(a) Install and begin operation of the control equipment or waste management unit, and complete modification of production or treatment processes as soon as possible but no later than thirty months after the effective date of the amendment.

(b) For facilities subject to the recordkeeping requirements of rule 3745-65-73 of the Administrative Code, enter and maintain the implementation schedule specified in paragraph (A)(2)(b) of this rule in the operating record no later than the effective date of the amendment, or

(c) For facilities not subject to rule 3745-65-73 of the Administrative Code, the owner or operator shall enter and maintain the implementation schedule specified in paragraph (A)(2)(b) of this rule in a permanent, readily available file located at the facility site no later than the effective date of the amendment.

(C) Owners and operators of facilities and units that become newly subject to the requirements of rules 3745-256-80 to 3745-256-90 of the Administrative Code after December 8, 1997 due to an action other than those described in paragraph (B) of this rule shall comply with all applicable requirements immediately (i.e., shall have control devices installed and operating on the date the facility or unit becomes subject to rules 3745-256-80 to 3745-256-90 of the Administrative Code; the thirty-month implementation schedule does not apply).

(D) The director may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than December 8, 1997, when special circumstances that are beyond the facility owner's or operator's control delay installation or operation of control equipment, and the owner or operator has made all reasonable and prudent attempts to comply with the requirements of rules 3745-256-80 to 3745-256-90 of the Administrative Code.

Notes

Ohio Admin. Code 3745-256-82

Effective: 6/12/2023
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12