Ohio Admin. Code 3745-31-01 - Definitions

[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 (AA) of this rule titled "referenced materials."]

Except as otherwise provided in this rule, the definitions in rules 3745-15-01 and 3745-21-01 of the Administrative Code apply to this chapter.

(A)

(1) "Acid rain program" means the program contained within Title IV of the Clean Air Act.

(2) "Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined under this paragraph, except that this definition shall not apply for calculating whether a significant emissions increase, as defined in this rule, has occurred, or for establishing a PAL under rule 3745-31-33 of the Administrative Code.

(a) Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a consecutive twenty-four-month period which precedes the particular date and which is representative of normal emissions unit operation. The director shall allow the use of a different time period upon a determination that the time period is more representative of normal emissions unit operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates and types of materials processed, stored or combusted during the selected time period.

(b) The director may presume that emissions unit-specific allowable emissions for the emissions unit are equivalent to the actual emissions of the emissions unit.

(c) For any emissions unit that has not begun normal operations on the particular date, actual emissions equal the potential to emit of the emissions unit on that date.

(3) "Actuals PAL" for a major stationary source means a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant.

(4) "Adhesive" means any substance that is used to bond one surface to another surface.

(5) "Administrative modification" means a change to a permit to install or a PTIO that does not meet the definition of a modification under this rule.

(6) "Affected sources" has the meaning given to it in the regulations promulgated under Title IV of the Clean Air Act.

(7) "Air contaminant" means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor or odorous substances, or any combination thereof.

(8) "Air contaminant source," for the purpose of this chapter, means each separate operation, or activity that results or may result in the emission of any of the following air contaminants:

(a) An air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the Clean Air Act.

(b) An air contaminant for which the source is regulated under the Clean Air Act.

(c) A toxic air contaminant as listed in rule 3745-114-01 of the Administrative Code.

(9) "Air contaminant source project" means the installation or modification of one or more air contaminant sources (and any structures associated with such installations or modifications), all of which results from a discrete production goal or objective.

(10) "Allowable emissions" means the emission rate of an air contaminant source calculated using the maximum rated capacity of the air contaminant source (unless the air contaminant source is subject to limits that are federally enforceable or legally and practically enforceable by the state that restrict the operating rate or hours of operation, or both), and the most stringent of the following:

(a) The applicable standards as set forth in 40 CFR Parts 60, 61 and 63.

(b) The applicable Ohio state implementation plan emission limitation, including those with a future compliance date.

(c) The emission rate by a permit condition that is federally enforceable or legally and practically enforceable by the state, including those with a future compliance date.

(11) "Applicable laws" means any applicable provisions of Chapters 3704. and 3745. of the Revised Code; rules, regulations, and orders of the Ohio environmental protection agency, the Clean Air Act; and rules and regulations of the administrator of the United States environmental protection agency (including any Ohio rule, law, or provision of the Ohio state implementation plan that has been approved or promulgated by the United States environmental protection agency.).

(12) "Auto body refinishing facility" means a facility engaged primarily in collision repair and refinishing of automobiles and trucks. Automobile paint-only and customizing facilities, which are engaged in repainting used motor vehicles and trucks, but do not perform collision repair work, are also included in this definition. Mobile auto body painting operations, which employ temporary spray booths meeting the design criteria specified by paragraph (A)(4)(g) of rule 3745-31-03 of the Administrative Code, are also included in this definition.

(13) "Available information" means, for purposes of identifying control technology options for a major MACT source, information contained in the following information sources as of the date of the MACT determination by the director:

(a) A relevant proposed regulation, including all supporting documentation.

(b) Background information documents for a draft or proposed regulation.

(c) Data and information available from the "Control Technology Center" developed pursuant to Section 113 of the Clean Air Act.

(d) Data and information contained in the "Aerometric Informational Retrieval System" including information in the MACT database.

(e) Any additional information that can be expeditiously provided by the administrator.

(f) Any additional information provided by the applicant or others, and any additional information considered available by the director.

(B)

(1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined under this rule.

(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive twenty-four- month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the NSR project. The director shall allow the use of a different time period upon a determination that the time period is more representative of normal source operation.

(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any non- compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four-month period.

(iii) For a regulated NSR pollutant, when a NSR project involves multiple emissions units, only one consecutive twenty-four-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty- four-month period can be used for each regulated NSR pollutant.

(iv) The average rate shall not be based on any consecutive twenty- four-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph (B)(1)(b) of this rule.

(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive twenty-four-month period selected by the owner or operator within the ten-year period immediately preceding either the date the owner or operator begins actual construction of the NSR project, or the date a complete permit application is received by the director for a permit required either under this rule or under a plan approved by the administrator, whichever is earlier, except that the ten-year period shall not include any period earlier than November 15, 1990.

(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any non- compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four-month period.

(iii) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source shall currently comply, had such major stationary source been required to comply with such limitations during the consecutive twenty-four-month period. However, if an emission limitation is part of a MACT standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emission reductions in an attainment demonstration or maintenance plan consistent with rule 3745-31-22 of the Administrative Code.

(iv) For a regulated NSR pollutant, when a NSR project involves multiple emissions units, only one consecutive twenty-four-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty- four-month period can be used for each regulated NSR pollutant.

(v) The average rate shall not be based on any consecutive twenty- four-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (B)(2)(b) and (B)(2)(c) of this rule.

(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero if the operation of the new emissions unit has not yet begun, or equal the unit's potential to emit if operation of the new emissions unit has begun.

(d) For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (B)(1) of this rule, for other existing emissions units in accordance with the procedures contained in paragraph (B)(2) of this rule, and for a new emissions unit in accordance with the procedures contained in paragraph (B)(3) of this rule.

(2) "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d) of the Clean Air Act in which the major stationary source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater than one microgram per cubic meter (annual average) for sulfur dioxide, nitrogen dioxide or PM10; or equal to or greater than 0.3 microgram per cubic meter for PM2.5.

Any baseline area established originally for the TSP increments shall remain in effect and apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the permit authority rescinds the corresponding minor source baseline date in accordance with paragraph (M)(8)(e) of this rule.

Area redesignations under Section 107(d) of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that does either of the following:

(a) Establishes a minor source baseline date.

(b) Is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation.

(3) "Baseline concentration" means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and include the following:

(a) The actual emissions, as defined in this rule, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (B)(3)(c) of this rule.

(b) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

(c) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase:

(i) Actual emissions, as defined in this rule, from any major stationary source on which construction commenced after the major source baseline date.

(ii) Actual emissions increases and decreases, as defined in this rule, at any stationary source occurring after the minor source baseline date.

(4) "Begin actual construction" means, in general, initiation of physical on- site construction activities on an air contaminant source project that are of a permanent nature. Activities that are considered to be included and excluded from this definition are further identified in rule 3745-31-33 of the Administrative Code.

(5) "Best available control technology" or "BACT" means an emission limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the director, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for such major stationary source or major modification through application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be approved by the director instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and provide for compliance by means which achieve equivalent results.

(6) "Best available technology" or "BAT" means any combination of work practices, raw material specifications, throughput limitations, source design characteristics, an evaluation of the annualized cost per ton of air pollutant removed, and air pollution control devices that have been previously demonstrated to the director of environmental protection to operate satisfactorily in this state or other states with similar air quality on substantially similar air pollution sources.

(C)

(1) "Carbon dioxide (CO2) equivalent" or "CO2e" means the mass of GHG emissions adjusted on the global warming potential for each GHG and is calculated using the following method:

(a) Multiply the mass amount of emissions in tons per year (tpy), for each of the six greenhouse gase"s in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98 - "Global Warming Potentials."

(b) Sum the resultant values from paragraph (C)(2)(b) of this rule for each gas to compute total tpy of CO2e.

(2) "Clean Air Act" means the federal Clean Air Act; 42 USC 7401 to 7671q.

(3) "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or postcombustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, and that is not in widespread use as of November 15, 1990.

(4) "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of two billion five hundred million dollars for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the United States environmental protection agency. The federal contribution for a qualifying clean coal technology demonstration project shall be at least twenty per cent of the total cost of the clean coal technology demonstration project.

(5) "Cleaning solution" means liquid solvents or solutions used to remove ink and debris from the operating surfaces of the printing press and its parts.

(6) "Commence" as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and has done either of the following:

(a) Begun, or caused to begin, a continuous program of actual on-site construction or the major stationary source or major modification, to be completed within a reasonable time.

(b) Entered into binding agreements or contractual obligations (which cannot be canceled or modified without substantial loss to the owner or operator) to undertake a program of actual construction of the major stationary source or major modification to be completed within a reasonable time.

(7) "Commercial bakery" means an establishment that is primarily engaged in manufacturing fresh or frozen bread, bread-type rolls and dry bakery products (e.g. biscuits, crackers, and cookies). This definition does not include establishments that produce bakery products primarily for direct sale on the premises to household consumers.

(8) "Complete," in reference to an application for a permit, means that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the director from requesting or accepting any additional information.

(9) "Construct a major MACT source" means any of the following:

(a) Fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit ten tons per year or more of any HAP or twenty-five tons per year or more of any combination of HAPs.

(b) Fabricate, erect, or install, at any developed site a new process or production unit which in and of itself emits or has the potential to emit ten tons per year or more of any HAP or twenty-five tons per year or more of any combination of HAPs, unless the process or production unit satisfies the following criteria:

(i) All HAPs emitted by the process or production unit that would otherwise be controlled under the requirements of rule 3745-31-28 of the Administrative Code will be controlled by emission control equipment which was previously installed at the same site as the process or production unit.

(ii) One of the following determinations has been made:

(a) The director has determined within a period of five years prior to the fabrication, erection, or installation of the process or production unit that the existing control equipment represented the BACT, LAER, BAT, or MACT based on air toxics rules for the category of pollutants which includes those HAPs to be emitted by the process or production unit.

(b) The director determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., will be equivalent to the level of control that would be provided by a current BACT, LAER, BAT, or air toxic MACT determination).

(iii) The director determines that the per cent control efficiency for emissions of HAPs from all sources to be controlled by the existing control equipment will be equivalent to the per cent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit.

(iv) The director has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (C)(9)(b)(i), (C)(9)(b)(ii), and (C)(9)(b)(iii) of this rule apply and concerning the continued adequacy of any prior LAER, BACT, BAT, or air toxic MACT determination.

(v) If any commenter has asserted that a prior LAER, BACT, BAT, or air toxic MACT determination is no longer adequate, the director has determined that the level of control required by that prior determination remains adequate.

(vi) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the permitting authority are predicated, will be construed as applicable requirements under Section 504(a) of the Clean Air Act and either have been incorporated into any existing Title V permit for the affected facility or will be incorporated into such permit upon issuance.

(10) "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emissions unit) that would result in a change in emissions.

(11) "Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements of this chapter, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

(12) "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emission rate (in terms of mass per unit of time).

(13) "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements of this chapter, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter value on a continuous basis.

(14) "Control technology" means measures, processes, methods, systems, or techniques, to limit the emission of HAPs including, but not limited to, measures that do any of the following:

(a) Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications.

(b) Enclose systems or processes to eliminate emissions.

(c) Collect, capture, or treat such pollutants when released from a process, stack, storage or fugitive emissions point.

(d) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 USC 7412(h).

(e) Are a combination of paragraphs (C)(14)(a) to (C)(14)(d) of this rule.

(15) "Criteria pollutant" means PM10, PM2.5, nitrogen oxides, VOCs, sulfur dioxide, carbon monoxide, lead or any other air pollutant for which a national ambient air quality standard has been promulgated under Section 109 of the Clean Air Act.

(D)

(1) "Digital printing (direct-to-media printing) line" means a printing line where the transfer of electronic files occurs directly from the computer to an electronically driven output device that prints the image directly on the selected media (substrate). Electronic images and four-color process images can be printed virtually any size.

(2) "Distillate oil" means a petroleum product designated as number one fuel oil, number two fuel oil (with less than or equal to 0.5 per cent by weight sulfur), diesel fuel or kerosene by the "American Petroleum Institute."

(E)

(1) "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than twenty-five megawatt electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

(2) "Emergency" means any of the following:

(a) An emergency caused by flooding, damaging winds or tornado, fire, or other natural disaster.

(b) An electric power outage due to a failure or interruption of the electrical grid, local supply equipment, or facility equipment.

(c) Any situation that the director determines to be an immediate threat to human health, property, or the environment.

(d) Conditions where a regional transmission organization notifies electric distributors that an emergency exists or may occur and it is necessary to implement emergency procedures for voluntary load curtailments by customers within Ohio, in response to unusually low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels, or other emergency conditions leading to a potential electric blackout.

(3) "Emergency engine" means a stationary reciprocating engine or a turbine engine which operates as an emergency or standby mechanical or electrical power source and is used only during the following:

(a) Emergencies. Examples include stationary engines used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary engines used to pump water in the case of fire or flood, etc. Interruptions for preventative maintenance on power supply systems are included.

(b) Any combination of the following purposes for a maximum of one hundred hours per calendar year:

(i) Maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine.

(ii) Emergency demand response for periods in which the regional transmission authority or equivalent balancing authority and transmission operator has declared an "Energy Emergency Alert Level 2 (EEA Level 2)" as defined in the "North American Electric Reliability Corporation Reliability Standard EOP-002-3, Capacity and Energy Emergencies."

(iii) Periods where there is a deviation of voltage or frequency of five per cent or greater below standard voltage or frequency.

(iv) Operation of up to fifty hours per calendar year to supply power as part of a financial arrangement with another entity if all of the conditions in paragraphs (E)(3)(b)(i) to (E)(3)(b)(v) of this rule are met. The fifty hours of non-emergency operation are counted as part of the one hundred hours per calendar year described in paragraph (E)(3)(b) of this rule.

(a) The engine is dispatched by the local balancing authority or local transmission and distribution system operator.

(b) The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region.

(c) The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional, state, public utility commission or local standards or guidelines.

(d) The power is provided only to the facility itself or to support the local transmission and distribution system.

(e) The owner or operator identifies and records the entity that dispatches the engine and the specific NERC, regional, state, public utility commission or local standards or guidelines that are being followed for dispatching the engine. The local balancing authority or local transmission and distribution system operator may keep these records on behalf of the engine owner or operator.

(v) The fifty hours per year for non-emergency situations provided in paragraph (E)(3)(b) of this rule cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to supply power to an electric grid or otherwise supply power as part of a financial arrangement with another entity unless the conditions in paragraph (E)(3)(b) of this rule are met.

(vi) Emergency engines may be operated for up to fifty hours per calendar year in non-emergency situations other than those described in paragraphs (E)(3)(b)(i) to (E)(3)(b)(iv) of this rule. The fifty hours of operation in non-emergency situations are counted as part of the one hundred hours per calendar year for maintenance and testing and emergency demand response.

(4) "Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit. Air contaminant sources that do not emit or would not have the potential to emit any regulated NSR pollutant but which emit a pollutant regulated under state law are not considered emissions units. The two types of emissions units are as follows:

(a) A "new emissions unit" means any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emissions unit first operated.

(b) An "existing emissions unit" means any emissions unit that does not meet the requirements in paragraph (E)(4)(a) of this rule. A replacement unit, as defined in this rule, is an existing emissions unit.

(5) "Express permit-to-install" or "express PTIO" means a registration status permit- to-install or registration status PTIO that is registered for express processing and issuance pursuant to paragraph (G) of rule 3745-31-05 of the Administrative Code and pursuant to the division (A) of section 3704.037 of the Revised Code.

(F)

(1) "Facility" means all of the air contaminant sources that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel and those emissions resulting directly from an internal combustion engine for transportation purposes or from a non-road engine or non-road vehicle as defined in Section 216 of the Clean Air Act. Air contaminant sources shall be considered as part of the same industrial grouping if the sources belong to the same major group (i.e., that have the same two-digit code) as described in the "Standard Industrial Classification Manual."

(2) "Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

(3) "Federally enforceable" means all limitations and conditions that are enforceable by the administrator (of the United States environmental protection agency), including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, requirements within the Ohio state implementation plan that implements the requirements of the Clean Air Act, any permit requirements designated as federally enforceable established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permit requirements designated as federally enforceable issued under an United States environmental protection agency-approved program that is incorporated into the Ohio state implementation plan and expressly requires adherence to any permit issued under such program.

(4) "Fountain solution additives" means volatile and non-volatile chemicals, alcohols, and other additives, which are blended with water to form the fountain solution used in the lithographic printing process.

(5) "Fugitive emissions" means those emissions that cannot reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

(G)

(1) "General permit" means a general permit-to-install or a general PTIO.

(2) "General permit-to-install" or "general PTIO" means a permit-to-install or PTIO issued under rule 3745-31-29 of the Administrative Code.

(3) "Greenfield site" means a contiguous area under common control that is an undeveloped site.

(4) "Greenhouses gases" or "GHG" means the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(H)

(1) "Hazardous air pollutant" or "HAP" means any air pollutant listed in, or pursuant to, Section 112(b) of the Clean Air Act.

(2) "High terrain" means any area having an elevation of nine hundred feet or more above the base of the stack of a stationary source.

(I)

(1) "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics or non air quality environmental impacts.

(2) "Install" or "installation" means to begin actual construction, erect, locate or affix any air contaminant source.

(J) "Job" means the total area or areas to be refinished or repainted on an automobile or truck by an auto body refinishing facility.

(K) [Reserved.]

(L)

(1) "Letterpress printing line" means a printing process where the image area is raised relative to the non-image area and the paste ink is transferred to the paper directly from the image surface without the use of an anilox roller.

(2) "List of source categories" means the source category list required by Section 112(c) of the Clean Air Act.

(3) "Low terrain" means any area other than high terrain.

(4) "Lowest achievable emission rate" or "LAER," for any emissions unit, means the more stringent rate of emissions based on the following:

(a) The most stringent emission limitation that is contained in the implementation plan of any state for such class or category of emissions unit, unless the owner or operator of the proposed emissions unit demonstrates that such limitations are not achievable.

(b) The most stringent emission limitation that is achieved in practice by such class or category of emissions unit. This limitation, when applied to a major modification, means LAER for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified emissions unit to emit any air pollutant in excess of the amount allowable under applicable new source standards of performance.

(M)

(1) "MACT determination" means any combination of emission limitations, work practices, raw material specifications, throughput limitations, source design characteristics, and air pollution control devices that achieve the level of HAP control required by paragraph (E) of rule 3745-31-28 of the Administrative Code.

(2) "Major MACT source" means any process or production unit that in and of itself has the potential to emit ten tons per year or more of any single HAP or twenty- five tons per year or more of any combination of HAPs.

(3) "Major modification" means the following:

(a) Except as provided for in areas classified as serious or severe nonattainment for ozone in paragraph (M)(3)(g) of this rule, and for areas classified as extreme nonattainment in paragraph (M)(3)(h) of this rule, any,Any physical change in or change in the method of operation of a major stationary source that would result in any combination both of the following:

(i) A significant emissions increase of a regulated NSR pollutant other than the pollutant greenhouse gases.

(ii) A significant net emissions increase of that pollutant from the major stationary source.

[Comment: Except as otherwise provided in rule 3745-31-32 of the Administrative Code, and consistent with the definition of major modification, a NSR project is a major modification for a regulated NSR pollutant if the NSR project causes two types of emissions increases; a significant emissions increase and a significant net emissions increase. The NSR project is not a major modification if the NSR project does not cause a significant emissions increase. If the NSR project causes a significant emissions increase, then the NSR project is a major modification only if the NSR project also results in a significant net emissions increase.]

(b) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is considered significant for VOCs or nitrogen oxides shall be considered significant for ozone.

(c) Except as provided for in areas classified as serious or severe nonattainment for ozone in paragraph (M)(3)(g) of this rule, and for areas classified as extreme nonattainment in paragraph (M)(3)(h) of this rule, theThe procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (M)(3)(c)(i) to (M)(3)(c)(iii) of this rule. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in paragraph (N)(2) of this rule. Regardless of any such preconstruction projections, a major modification results if the NSR project causes a significant emissions increase and a significant net emissions increase.

(i) Actual-to-projected-actual applicability test for NSR projects that only involve existing emissions units.

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(ii) Actual-to-potential test for NSR projects that only involve construction of a new emissions unit.

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the NSR project and the baseline actual emissions of these emissions units before the NSR project equals or exceeds the significant amount for that pollutant.

(iii) Hybrid test for NSR projects that involve multiple types of emissions units.

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference for all emissions units, using the method specified in paragraphs (M)(3)(c)(i) to (M)(3)(c)(ii) of this rule as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant.

(iv) The "sum of the difference" as used in paragraphs (M)(3)(c)(i), (M)(3)(c)(ii), and (M)(3)(iii) of this rule includes both increases and decreases in emissions calculated in accordance with those paragraphs.

(d) A physical change or change in the method of operation shall not include the following:

(i) Routine maintenance, routine repair, and routine replacement.

(ii) Use of an alternative fuel or raw material by reason of an order under Section 2(A) and (B) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.

(iii) Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act.

(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

(v) Use of an alternative fuel or raw material by a stationary source that does one of the following:

(a) For nonattainment NSR purposes, the stationary source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition that was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166.

(b) For PSD purposes, the stationary source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166.

(c) The stationary source is approved to use under any effective and applicable nonattainment NSR permit or PSD permit.

(vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition that was established after the following:

(a) For nonattainment NSR purposes, December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166.

(b) For PSD purposes, January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166.

(vii) Any change in ownership at a stationary source.

(viii) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the temporary clean coal technology demonstration project complies with the following:

(a) The Ohio state implementation plan.

(b) Other requirements necessary to attain and maintain the national ambient air quality standard during the temporary clean coal technology demonstration project and after the NSR project is terminated.

(ix) For PSD purposes only, the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(x) For PSD purposes only, the reactivation of a very clean coal-fired electric utility steam generating unit.

(e) This definition does not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under rule 3745-31-32 of the Administrative Code for a PAL for that pollutant. Instead, the definition under paragraph (P)(5) of this rule applies.

(f) Different pollutants, including individual precursors, are not summed to determine applicability of a major modification.

(g) In areas classified as serious or severe nonattainment for ozone, all of the following apply:

(i) Increased emissions of VOCs or nitrogen oxides resulting from any physical change in, or change in the method of operation of, a major stationary source is not considered a major modification for purposes of this chapter if the net emissions increase of such regulated NSR pollutant from such source does not exceed twenty- five tons when aggregated with all other net emissions increases from the source over any period of five consecutive calendar years that includes the year in which such increase occurred.

(ii) For any major stationary source of VOCs or nitrogen oxides that emits or has the potential to emit less than one hundred tons or more of VOCs or nitrogen oxides per year, any emissions increase, except where such emissions increase is not considered a major modification in accordance with paragraph (M)(3)(g)(i) of this rule, of VOCs or nitrogen oxides, respectively, from any discrete operation, emissions unit, or other pollutant emitting activity at the source, is considered a major modification for purposes of this chapter, unless the owner or operator of the source elects to offset the increase by a greater reduction in emissions of VOCs or nitrogen oxides, respectively, from other operations, emissions units, or activities within the source at an internal offset ratio of at least 1.3 to 1.0. If the owner or operator does not elect to offset emissions, such change is considered a major modification, but BACT is substituted for LAER.

(iii) For any major stationary source of VOCs or nitrogen oxides that emits or has the potential to emit one hundred tons or more of VOCs or nitrogen oxides per year, any emissions increase, except where such emissions increase is not considered a major modification in accordance with paragraph (M)(3)(g)(i) of this rule, of VOCs or nitrogen oxides, respectively, from any discrete operation, emissions unit, or other pollutant emitting activity at the source, is considered a major modification for purposes of this chapter. If the owner or operator of the source elects to offset the increase by a greater reduction in emissions of VOCs or nitrogen oxides, respectively, from other operations, emissions units, or activities within the source at an internal offset ratio of at least 1.3 to 1.0, the requirements of rule 3745-31-22 of the Administrative Code concerning LAER do not apply.

[Comment: Internal offset of at least 1.3 to 1.0 is in lieu of the applicable offset ratio in rule 3745-21-26 of the Administrative Code.]

(h) In areas classified as extreme nonattainment for ozone, any physical change in or change in the method of operation of a major stationary source that results in any emissions increase of VOCs or nitrogen oxides from a discrete operation, emissions unit, or other pollutant emitting activity is considered a major modification.

(4) "Major source baseline date" means the following:

(a) In the case of PM10 and sulfur dioxide, January 6, 1975.

(b) In the case of nitrogen dioxide, February 8, 1988.

(c) In the case of PM2.5, October 20, 2010.

(d) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if the following apply:

(i) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the Clean Air Act for the pollutant on the date of its complete application under 40 CFR 52.21 or rules 3745-31-11 to 3745-31-20 of the Administrative Code.

(ii) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.

(5) "Major stationary source" means any stationary source or any group of stationary sources that are described in paragraph (M)(5)(a) or (M)(5)(b) of this rule except as restricted under paragraphs (M)(5)(c) to (M)(5)(v) of this rule. Different pollutants, including individual precursors, are not summed to determine applicability of a major stationary source.

(a) For stationary sources located in a nonattainment area for a given regulated air pollutant:

Any stationary source of air pollutants that emits, or has the potential to emit one hundred tons per year or more of the given regulated NSR pollutant, except that lower emission thresholds apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title 1 of the Clean Air Act, according to the following:

(i) Fifty tons per year of VOC in any serious ozone nonattainment area.

(ii) Fifty tons per year of VOC in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area.

(iii) Twenty-five tons per year of VOC in any severe ozone nonattainment area.

(iv) Ten tons per year of VOC in any extreme ozone nonattainment area.

(v) Fifty tons per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the administrator of USEPA).

(vi) Seventy tons per year of PM10 in any serious nonattainment area for PM10.

(vii) Seventy tons per year of PM2.5 in any serious nonattainment area for PM2.5.

(viii) Seventy tons per year of any individual precursor for PM2.5 in any serious nonattainment area for PM2.5.

(ix) One hundred tons per year or more of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate.

(x) One hundred tons per year or more of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region.

(xi) One hundred tons per year or more of nitrogen oxides in any area designated under section 107(d) of the Clean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region.

(xii) Fifty tons per year or more of nitrogen oxides in any serious nonattainment area for ozone.

(xiii) Twenty-five tons per year or more of nitrogen oxides in any severe nonattainment area for ozone.

(xiv) Ten tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone.

(b) For stationary sources located in an attainment area for a given regulated air pollutant:

(i) Any of the following stationary sources of air pollutants that emits, or has the potential to emit, one hundred tons per year or more of any regulated NSR pollutant:

(a) Fossil fuel-fired steam electric plants of more than two hundred fifty million British thermal units per hour heat input.

(b) Coal cleaning plants (with thermal dryers).

(c) Kraft pulp mills.

(d) Portland cement plants.

(e) Primary zinc smelters.

(f) Iron and steel mill plants.

(g) Primary aluminum ore reduction plants.

(h) Primary copper smelters.

(i) Municipal incinerators capable of charging more than fifty tons of refuse per day.

(j) Hydrofluoric, sulfuric or nitric acid plants.

(k) Petroleum refineries.

(l) Lime plants.

(m) Phosphate rock processing plants.

(n) Coke oven batteries.

(o) Sulfur recovery plants.

(p) Carbon black plants (furnace process).

(q) Primary lead smelters.

(r) Fuel conversion plants.

(s) Sintering plants.

(t) Secondary metal production plants.

(u) Chemical process plants except for ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140.

(v) Fossil fuel boilers (or combinations thereof) totaling more than two hundred fifty million British thermal units per hour heat input.

(w) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels.

(x) Taconite ore processing plants.

(y) Glass fiber processing plants.

(z) Charcoal production plants.

(ii) Notwithstanding the stationary source size specified in paragraph (M)(5)(b)(ii) of this rule, any stationary source that emits, or has the potential to emit, two hundred fifty tons per year or more of any regulated NSR pollutant.

(c) A major stationary source that is major for VOCs or nitrogen oxides shall be considered major for ozone.

(d) The fugitive emissions of a stationary source to the extent quantifiable shall not be included in determining for any of the purposes of this rule whether it is a major stationary source, unless the stationary source belongs to one of the following categories of stationary sources:

(i) Coal cleaning plants (with thermal dryers).

(ii) Kraft pulp mills.

(iii) Portland cement plants.

(iv) Primary zinc smelters.

(v) Iron and steel mills.

(vi) Primary aluminum ore reduction plants.

(vii) Primary copper smelters.

(viii) Municipal incinerators capable of charging more than fifty tons of refuse per day.

(ix) Hydrofluoric, sulfuric, or nitric acid plants.

(x) Petroleum refineries.

(xi) Lime plants.

(xii) Phosphate rock processing plants.

(xiii) Coke oven batteries.

(xiv) Sulfur recovery plants.

(xv) Carbon black plants (furnace process).

(xvi) Primary lead smelters.

(xvii) Fuel conversion plants.

(xviii) Sintering plants.

(xix) Secondary metal production plants.

(xx) Chemical process plants except for ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140.

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units per hour heat input.

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels.

(xxiii) Taconite ore processing plants.

(xxiv) Glass fiber processing plants.

(xxv) Charcoal production plants.

(xxvi) Fossil fuel-fired steam electric plants of more than two hundred fifty million British thermal units per hour heat input.

(xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act.

(e) Any physical change that would occur at a stationary source not qualifying under paragraph (M)(5) of this rule as a major stationary source would be considered a major stationary source, if the change would constitute a major stationary source by itself.

(6) "Maximum achievable control technology emission limitation for new sources" or "MACT emission limitation for new sources" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the director, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major MACT source.

(7) "Maximum uncontrolled emissions" (only used for express permit-to-install or express PTIO processing) means the amount of emissions from the air contaminant source in tons per year calculated at the maximum operating capacity of the air contaminant source based upon operating eight thousand seven hundred sixty hours per year in the absence of control equipment.

(8) "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or rules 3745-31-11 to 3745-31-20 of the Administrative Code submits a complete application under the relevant regulations. The trigger date is as follows:

(a) In the case of PM10 and sulfur dioxide, August 7, 1977.

(b) In the case of nitrogen dioxide, February 8, 1988.

(c) In the case of PM2.5, October 20, 2011.

(d) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if the following apply:

(i) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the Clean Air Act for the pollutant on the date of its complete application under 40 CFR 52.21 or rules 3745-31-11 to 3745-31-20 of the Administrative Code.

(ii) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.

(e) Any minor source baseline date established originally for the TSP increments shall remain in effect and apply for purposes of determining the amount of available PM10 increments, except that the director may rescind any such minor source baseline date where it can be shown, to the satisfaction of the director, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.

(9) "Model general permit" means a document that the director has developed that includes a definition of a category of air contaminant source, a description of the qualifications that are to be met for that category of source and model terms and conditions that will be used as a general permit for any qualified air contaminant source.

(10) "Modify" or "modification" means:

(a) Any physical change in, or change in the method of operation any of the following:

(i) Any air contaminant source that does any one or a combination of the following:

(a) Results in an increase in the allowable emissions.

(b) Results in an increase in emissions of greater than the de minimis levels in rule 3745-15-05 of the Administrative Code of any type of air contaminant not previously emitted.

(c) Results in the relocation of the air contaminant source to a new facility, including, but not limited to, the movement of any existing air contaminant source from another state, county, or other geographic location.

(d) Is otherwise defined as a major modification, or is defined as a modification under applicable regulations promulgated by the administrator of the United States environmental protection agency regarding new source performance standards or national emission standards for hazardous pollutants, or is either a new source or a reconstruction under applicable rules promulgated by the administrator under Section 112 of the Clean Air Act.

(e) 'Modify' or 'modification' shall not include routine maintenance, routine repair, and routine replacement; use of an alternate fuel or raw material that the source is capable of accommodating and is not expressly prohibited from using under any permit condition or applicable requirement of the Clean Air Act; an increase in the hours of operation or in the production rate that is not expressly prohibited under any permit condition or applicable requirement of the Ohio environmental protection agency or the Clean Air Act.

(f) 'Modify' or 'modification' shall not include pollution control or pollution prevention projects that the director has determined, in writing, are environmentally beneficial. Environmentally beneficial projects do not include those that cause or contribute to a violation of a national ambient air quality standard, cause or contribute to a violation of an increment per paragraph (B) of rule 3745-31-11 of the Administrative Code, adversely impact a visibility limitation, or are expressly prohibited under any Ohio environmental protection agency or Clean Air Act permit condition or applicable requirement.

(g) 'Modify' or 'modification' shall not include allowable emission increases due to an alternative emission limit that satisfies the criteria set forth in division (E) of section 3704.03 of the Revised Code and is consistent with division (K) of section 3704.036 of the Revised Code.

(ii) Any significant air contaminant source project that, for the specific air contaminant or air contaminants for which the air contaminant source project is classified as a significant air contaminant source project, results in an increase in the ambient air quality impact of the air contaminant source project greater than the following levels as determined by atmospheric dispersion modeling or by another method acceptable to the director:

(a) Carbon monoxide - five hundred seventy-five µg/m³, eight-hour average.

(b) Nitrogen dioxide - fourteen µg/m³, annual average.

(c) Directly emitted particulate matter less than 2.5 microns (PM2.5)-four µg/m3, twenty-four-hour average.

(d) Particulate matter less than ten microns (PM10) - ten µg/m3, twenty-four-hour average.

(e) Sulfur dioxide - thirteen µg/m3, twenty-four-hour average.

(f) Lead - 0.1 µg/m3, three-month average.

(11) "Municipal solid waste landfill" or "MSW landfill" means, as defined under paragraph (B)(14) of rule 3745-76-01 of the Administrative Code, an entire disposal facility in a contiguous geographical space where municipal solid waste is placed and regulated in accordance with Chapters 3745-27 and 3745-37 of the Administrative Code and excludes scrap tire monofills. A MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes (rule 3745-50-10 of the Administrative Code) such as commercial solid waste, nonhazardous sludge, and industrial solid waste. Portions of a MSW landfill may be separated by access roads. A MSW landfill may be publicly or privately owned. A MSW landfill may be a new MSW landfill or existing MSW landfill.

(N)

(1) "Necessary pre-construction approvals or permits" means those permits or approvals required under federal air pollution control laws and regulations and those air pollution control laws and regulations that are part of the federally approved Ohio state implementation plan.

(2) "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following, except as limited by paragraph (N)(2)(c) of this rule, exceeds zero:

(a) Any increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated under this rule.

(b) Any other increases and decreases in actual emissions at the stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under paragraph (N)(2) of this rule shall be determined as provided in paragraph (B)(1) of this rule, except that paragraphs (B)(1)(a)(iii) and (B)(1)(b)(iv) of this rule shall not apply.

(c) The following limit paragraphs (N)(2)(a) and (N)(2)(b) of this rule:

(i) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if the increase or decrease occurs within the period beginning five years prior to the date on which the owner or operator of the facility expects construction to commence, as stated in the initial complete application for an installation permit for a new or modified emission unit for the particular change or project, and ending on the date when the new or modified emissions unit becomes operational and begins to emit a pollutant.

(ii) An increase or decrease in actual emissions is creditable only if the director has not relied on the increase or decrease in issuing a permit for the stationary source under regulations approved pursuant to this rule, which permit is in effect when the increase in actual emissions from the particular change occurs.

(iii) For PSD purposes only, an increase or decrease in actual emissions of sulfur dioxide, nitrogen oxide, or particulate matter that occurs before the applicable minor source baseline date is creditable only if the increase or decrease is required to be considered in calculating the amount of maximum allowable increases remaining available. Only PM10 emissions shall be used to evaluate the net emissions increase for PM10.

(iv) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(v) A decrease in actual emissions is creditable only if the following apply:

(a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

(b) The decrease is enforceable as a practical matter at and after the time that actual construction on the particular change begins.

(c) The decrease has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(d) For nonattainment NSR purposes only, the director has not relied on the decrease in issuing any permit under regulations pursuant to 40 CFR part 51, subpart I or the director has not relied on the decrease in demonstrating attainment or reasonable further progress.

(vi) An increase that results from a physical change at a stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular air pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

(vii) Paragraph (A)(2)(a) of this rule shall not apply for determining creditable increases and decreases or after a change.

(3) "New source" means any air contaminant source for which an owner or operator undertakes a continuing program of installation or modification or enters into a binding contractual obligation to undertake and complete, within a reasonable time, a continuing program of installation or modification, after January 1, 1974, and that at the time of installation or modification, would have otherwise been subject to the provisions of this chapter. The replacement of an entire air contaminant source is considered a new source.

(4) "New source review project" or "NSR project" means a physical change in, or change in the method of operation of, an existing major stationary source for which a permit-to-install or a permit-to-install and operate is required.

(5) "Nonattainment" or "nonattainment area," for a given pollutant, for purposes of determining applicability of this chapter, means that the area has been designated as nonattainment in 40 CFR 81.336.

(6) "Nonattainment new source review permit" or "nonattainment NSR permit" means any permit that is issued under a major source preconstruction permit program that has been approved by the administrator and incorporated into a plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR part 51, appendix S, sections I to VI.

(7) "Non-heatset" means an offset lithographic printing process where the printing inks dry by oxidation and absorption without the use of heat. For the purposes of this chapter, ultraviolet-cured (UV) and electron beam-cured inks employed in an offset lithographic printing process are considered non-heatset.

(8) "Non-methane organic compound" or "NMOC" has the same meaning as found in paragraph (B)(16) of rule 3745-76-01 of the Administrative Code.

(9) "Non-road engine" means, as defined under 40 CFR 89.2, any of the following:

(a) Except as discussed in paragraph (N)(9)(b) of this rule, a non-road engine, as defined in 40 CFR 89.2, is any internal combustion engine that meets the following:

(i) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers).

(ii) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers).

(iii) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

(b) An internal combustion engine is not a non-road engine if it meets any of the following:

(i) The engine is used to propel a motor vehicle, an aircraft, or equipment used solely for competition.

(ii) The engine is regulated under 40 CFR part 60, (or otherwise regulated by a federal New Source Performance Standard promulgated under section 111 of the Clean Air Act (42 U.S.C. 7411).

(iii) The engine otherwise included in paragraph (N)(9)(a)(iii) of this rule remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. Provisions in 40 CFR 1068.31 apply if the engine is removed from the location.

(iv) Aircraft engines as defined in 40 CFR 87.1(a).

(v) Engines used in underground mining or engines used in underground mining equipment and regulated by the "Mining Safety and Health Administration" (MSHA) in 30 CFR parts 7, 31, 32, 36, 56, 57, 70, and 75.

(vi) Locomotive engines that meet either of the following:

(a) Are subject to the standards of 40 CFR part 92.

(b) Are exempted from the requirements of 40 CFR part 92 by exemption provisions of 40 CFR part 92 other than those specified in 40 CFR 92.907.

(vii) Marine engines that meet any of the following:

(a) Are subject to the standards of 40 CFR part 94.

(b) Are exempted from the requirements of 40 CFR part 94 by exemption provisions of 40 CFR part 94 other than those specified in 40 CFR 94.907 or 40 CFR 94.912.

(c) Are marine engines, as defined in 40 CFR part 94, with rated power at or above thirty-seven kilowatts that are manufactured in calendar years in which the standards of 40 CFR part 94 are not yet applicable.

(viii) Hobby engines installed in reduced-scale models of vehicles that are not capable of transporting a person.

(O)

(1) "Ohio state implementation plan" means the plan submitted by the state of Ohio to, and approved by, the United States environmental protection agency in response to Section 110 of the Clean Air Act.

(2) "Organic compounds" or "OC" means any chemical compound containing carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, ammonium carbonate, non landfill gas methane and ethane.

(P)

(1) "PAL allowable emissions" means allowable emissions as defined in this rule, except as this definition is modified as follows:

(a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

(b) An emissions unit's potential to emit shall be determined using the definition in paragraph (P)(23) of this rule, except that the words or enforceable as a practical matter should be added after federally enforceable.

(2) "PAL effective date" generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit, which is part of the PAL major modification, becomes operational and begins to emit the PAL pollutant.

(3) "PAL effective period" means the period beginning with the PAL effective date and ending ten years later.

(4) "PAL major emissions unit" means either of the following:

(a) Any emissions unit that emits or has the potential to emit one hundred tons per year or more of the PAL pollutant in an attainment area.

(b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the Clean Air Act, an emissions unit would be a PAL major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit fifty or more tons of VOC per year.

(5) "PAL major modification" means, notwithstanding this rule (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(6) "PAL permit" means the permit-to-install issued by the director that establishes, incorporates or modifies a PAL for a major stationary source.

(7) "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

(8) "PAL significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level as defined in this rule or in the Clean Air Act whichever is lower for that PAL pollutant, but less than the amount that would qualify the unit as a PAL major emissions unit as defined in this rule.

(9) "PAL small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in this rule or in the Clean Air Act, whichever is lower.

(10) "Particulate matter" has the same meaning as found in rule 3745-17-01 of the Administrative Code.

(11) "Particulate matter emissions" has the same meaning as found in rule 3745-17-01 of the Administrative Code.

(12) "Permanent" means that emission reductions used to offset emission increases are assured for the life of the corresponding increase through a federally enforceable mechanism, through restrictions that are legally and practically enforceable by the state, or because emissions are no longer physically or operationally possible, whether the corresponding increase is limited or unlimited in duration.

(13) "Person" means the federal government or any agency thereof, the state or any agency thereof, any political subdivision, or any agency thereof, or any public or private corporation, individual, partnership, or other entity.

(14) "Plantwide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (A)(1) to (A)(13) of rule 3745-31-32 of the Administrative Code.

(15) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR part 50 appendix L and designated in accordance with 40 CFR part 53 or an equivalent method designated in 40 CFR part 53.

(16) "PM2.5 direct emissions" means solid particles, with an aerodynamic diameter less than or equal to nominal 2.5 micrometers, emitted directly from an air emissions source or activity, or gaseous emissions or liquid droplets from an air emissions source or activity which condense to form particulate matter at ambient temperatures. Direct PM2.5 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, and metals).

(17) "PM2.5 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to nominal 2.5 micrometers that is or has been emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method, specified in 40 CFR part 51, appendix M.

(18) "PM2.5 precursor" means those air pollutants other than PM2.5 direct emissions that significantly contribute to the formation of PM2.5 in a specific area. PM2.5 precursors include sulfur dioxide, nitrogen oxides, VOC and ammonia except the director may exempt a particular precursor from the requirements of this chapter if a demonstration of insignificant contribution is approved by the administrator of the USEPA. In Ohio, the precursors VOC and ammonia are determined to be insignificant contributors to the formation of PM2.5. In the event the administrator of the USEPA has not approved Ohio's demonstration by the effective date of this rule, the determination of VOC or ammonia as a precursor for PM2.5 shall be made in accordance with paragraphs II.A.31.(ii)(b)(3) and (4) of Appendix S of 40 CFR Part 51.

(19) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a reference method based on 40 CFR part 50, appendix J and designated in accordance with 40 CFR part 53 or an equivalent method designated in 40 CFR part 53.

(20) "PM10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten micrometers that is or has been emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method, specified in 40 CFR part 51, appendix M.

(21) "Pollution prevention" means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain in-process recycling practices), energy recovery, treatment, or disposal.

(22) "Portable source" means an air contaminant source that, in the director's judgment, is specifically designed to be transferred to a new site as needs warrant.

(23) "Potential to emit" means the maximum capacity of an emissions unit or stationary source to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the emissions unit or stationary source to emit an air pollutant, which includes any federally regulated air pollutant as defined in paragraph (DD) of rule 3745-77-01 of the Administrative Code, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of the emission unit's or stationary source's design if the limitation or the effect the limitation would have on emissions is federally enforceable or legally and practicably enforceable by the state. Secondary emissions do not count in determining the potential to emit of a stationary source.

(24) "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emission rate (for example, pounds per hour) on a continuous basis.

(25) "Prevention of significant deterioration increment" or "PSD increment" means an allowable increment specified in paragraph (B) of rule 3745-31-11 of the Administrative Code.

(26) "Prevention of significant deterioration permit" or "PSD permit" means any permit that is issued under a major source preconstruction permit program that has been approved by the administrator and incorporated into the plan to implement the requirements of 40 CFR 51.166, or under the program in 40 CFR 52.21.

(27) "Process or production unit" means any collection of structures or equipment that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.

[Comment: The definition of a process or production unit can be determined by the intermediate product of a process. For example, at a plant which manufactures fiberglass reinforced plastic boats, the owners wish to add more spray guns to an existing fabrication line to supplement existing spray guns in laminating a particular model of boat hulls. The new spray guns will have a potential to emit greater than ten tons per year of a single HAP. In this example, the fiberglass hull of a boat is an intermediate product in the manufacture of a final product (a boat). The collection of equipment needed to manufacture the intermediate product includes the new spray guns, the existing spray guns, the laminating operation, and other supporting equipment. Because the new spray guns in and of themselves do not produce the intermediate product, the spray guns are not in and of themselves a process or production unit, and therefore are not subject to review under rule 3745-31-28 of the Administrative Code. Other examples of the applicability of this definition are found at 61 Fed. Reg. 68391-68392 (December 27, 1996).]

(28) "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (twelve-month period) following the date the emissions unit resumes regular operation after the NSR project, or in any one of the ten years following that date, if the NSR project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the emissions unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

In determining the projected actual emissions under this rule before beginning actual construction, the owner or operator of the major stationary source shall do the following:

(a) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan.

(b) Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(c) Exclude, in calculating any increase in emissions that results from the particular NSR project, that portion of the emissions unit's emissions following the NSR project that an existing emissions unit could have accommodated during the consecutive twenty-four-month period used to establish the baseline actual emissions under paragraph (B)(1) of this rule and that are also unrelated to the particular NSR project, including any increased utilization due to product demand growth.

(d) In lieu of using the method set out in paragraphs (P)(28)(a) to (P)(28)(c) of this rule, the owner or operator may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (P)(23) of this rule.

(29) "PTIO" or "permit-to-install and operate" means a permit-to-install and a permit- to-operate applicable to air contaminant sources not located at facilities subject to Chapter 3745-77 of the Administrative Code.

(30) "Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of domestic sewage or industrial waste of a liquid nature that is owned by a municipality, county or state entity or any public body created under state law that has authority over disposal of sewage.

(Q) "Quantifiable" means that the amount, rate and characteristics of emissions and emission reductions can be determined or measured through a reliable and replicable method.

(R)

(1) "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the following apply:

(a) The unit has not been in operation for the two-year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emission inventory at the time of enactment.

(b) The unit was equipped prior to shutdown with a continuous system of emission control that achieves a removal efficiency for sulfur dioxide of no less than eighty-five per cent and a removal efficiency for particulates of no less than ninety-eight per cent.

(c) The unit is equipped with low-NOx burners prior to the time of commencement of operations following reactivation.

(d) The unit is otherwise in compliance with the requirements of the Clean Air Act.

(2) "Reasonable possibility" means that the owner or operator calculates a project to result in either:

(a) A projected actual emissions increase of at least fifty per cent of the amount that is a "significant emissions increase," as defined in this rule (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant.

(b) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph (P)(28)(c) of this rule, sums to at least fifty per cent of the amount that is a "significant emissions increase," as defined in this rule (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph (R)(5) of this rule, and not also within the meaning of paragraph (R)(2)(a) of this rule, then provisions under paragraphs (A)(2) to (A)(5) of rule 3745-31-10 of the Administrative Code do not apply to the project.

(3) "Reconstruct a major MACT source" means the replacement of components at an existing process or production unit that in and of itself emits or has the potential to emit ten tons per year or more of any HAP or twenty-five tons per year or more of any combination of HAPs, whenever the following occur:

(a) The fixed capital cost of the new components exceeds fifty per cent of the fixed capital cost that would be required to construct a comparable process or production unit.

(b) It is technically and economically feasible for the reconstructed major source to meet the applicable MACT emission limitation for new sources established under rule 3745-31-28 of the Administrative Code.

(4) "Reduced sulfur compounds" or "RSC" means, as defined under 40 CFR part 60, subpart J, the sum of the sulfur compounds hydrogen sulfide, carbonyl sulfide and carbon disulfide.

(5) "Regulated NSR pollutant" means the following:

(a) For stationary sources located in a nonattainment area for a given regulated air pollutant:

(i) Nitrogen oxides or any VOCs.

(ii) Any pollutant for which a national ambient air quality standard has been promulgated.

(iii) Any pollutant that is identified under this paragraph as a constituent or precursor of a general pollutant listed under paragraph (R)(5)(a)(i) or (R)(5)(a)(ii) of this rule, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the director for purposes of new source review are the following:

(a) VOCs and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

(b) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

(c) Nitrogen oxides are a precursor to PM2.5 in all PM2.5 nonattainment areas.

(iv) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in nonattainment new source review permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of a permit or the Ohio state implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this chapter unless the Ohio state implementation plan required condensable particulate matter to be included.

(b) For stationary sources located in an attainment area for a given regulated air pollutant, the following:

(i) Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, any of the following:

(a) PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included.

(b) Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified for purposes of new source review are the following:

(i) VOCs and nitrogen oxides are precursors to ozone in all ozone attainment and unclassifiable areas.

(ii) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

(iii) Nitrogen oxides are a precursor to PM2.5 in all attainment and unclassifiable areas.

(iv) VOCs are presumed not to be precursors to PM2.5 in all attainment and unclassifiable areas, unless Ohio demonstrates to the administrator's satisfaction or the United States environmental protection agency demonstrates that emissions of VOCs from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

(ii) Any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act.

(iii) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act.

(iv) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all HAPs either listed in Section 112 of the Clean Air Act or added to the list pursuant to Section 112(b)(2) of the Clean Air Act, which have not been delisted pursuant to Section 112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless the listed HAP is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Clean Air Act.

(6) "Replacement unit" means an emissions unit for which all the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

(a) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(c) The replacement does not alter the basic design parameters of the process unit.

(d) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, the emissions unit shall constitute a new emissions unit.

(7) "Repowering" means the following:

(a) Replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the administrator, in consultation with the secretary of energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

(b) Repowering also includes any oil or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the department of energy.

(c) The director shall give expedited consideration to permit applications for any source that satisfies the requirements of paragraph (R)(7) of this rule and is granted an extension under Section 409 of the Clean Air Act.

(8) "Research and development activity" means an activity conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such a source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.

(S)

(1) "Screen printing line" means a printing process where the printing ink passes through a web or a fabric to which a refined form of stencil has been applied. The stencil openings determine the form and dimensions of the imprint.

(2) "Secondary emissions" means emissions that occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this rule, secondary emissions shall be specific, well defined, quantifiable, and impact the same general areas as the stationary source or major modification that causes the secondary emissions. Secondary emissions include emissions from any off-site support operation that would not be constructed or increase their emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train or from a vessel.

(3) "Semi-public disposal system" means a disposal system which treats the sanitary sewage discharged from publicly or privately owned buildings or place of assemblage, entertainment, recreation, education, correction, hospitalization, housing or employment, but does not include a disposal system which treats sewage in amounts of more than twenty-five thousand gallons per day; a disposal system for the treatment of sewage that is exempt from the requirements of division (F) of section 6111.04 of the Revised Code; or a disposal system for the treatment of industrial waste.

(4) "Significant air contaminant source" or "significant air contaminant source project" means any air contaminant source, or air contaminant source project, that emits the following:

(a) Greater than one hundred tons per year of any of the following air contaminants:

(i) PM10.

(ii) PM2.5.

(iii) Sulfur dioxide.

(iv) Nitrogen oxides.

(v) OCs.

(b) Greater than one thousand tons per year of carbon monoxide.

(c) Greater than two tons per year of lead.

(5) "Significant" means, in reference to a net emissions increase or the potential of a stationary source to emit any of the following air pollutants, a rate of emissions that would equal or exceed any of the following rates:

Air Pollutant	Emission Rate (Ton/Yr)
Carbon monoxide	100
Nitrogen oxides	40
Sulfur dioxide	40
Particulate matter	25
PM10	15
PM2.5	10 (of direct PM2.5 emissions); 40 (sulfur dioxide emissions); 40 (nitrogen oxides emissions); or 40 (VOC emissions), to the extent that any such pollutant is defined as a precursor for PM2.5 in paragraphs (P)(18) and ((R)(5)(a) of this rule
Ozone (VOCs or nitrogen oxides)	40 (ozone attainment; marginal or moderate ozone nonattainment areas); 25 (serious or severe ozone nonattainment areas); more than 0 (extreme ozone nonattainment areas)
Lead	0.6
Fluorides (excluding hydrogen fluoride)	3
Sulfuric acid mist	7
Hydrogen sulfide	10
TRS	10
RSCs	10
NMOCs from municipal waste landfills	50

(a) Municipal waste combustor organic (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 grams per year (0.007055 pounds per year).

(b) Municipal waste combustor metals (measured as particulate matter): fourteen megagrams per year (fifteen tons per year).

(c) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): thirty-six megagrams per year (forty tons per year).

(d) "Significant", in reference to a net emissions increase or the potential of a stationary source to emit a regulated NSR pollutant that the air pollutant and emission rate table in paragraph (S)(5)(a) (S)(5) of this rule does not list, any emission rate.

(e) Notwithstanding paragraph (S)(5)(a) (S)(5) of this rule, "significant" means any emission rate or any net emissions increase associated with a major stationary source or major modification that would be constructed within ten kilometers of a Class I area, and have an impact on such area equal to or greater than one microgram per cubic meter (twenty-four hour average).

(f) Notwithstanding paragraph (S)(5) of this rule, in areas classified as serious or severe nonattainment for ozone, the provisions in paragraph (M)(3)(g) of this rule apply. In areas classified as extreme nonattainment for ozone, the provisions in paragraph (M)(3)(h) of this rule apply.

(6) "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant, as defined in this rule, for that pollutant.

(7) "Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major MACT source such that the source could be controlled using the same control technology.

(8) "Soil-liquid extraction remediation activities" means soil remediation activities that use a process for physically separating (extracting) groundwater from soils contaminated with low levels of organic species or other pollutants that are moderately soluble in an aqueous phase using a trench dug around or along side the contaminated soil perpendicular to the groundwater's down gradient flow direction. The contaminated groundwater is collected in the trench and transferred out of the trench for further treatment to separate the soluble contaminants from the water and to destroy the contaminants in an air pollution control system.

(9) "Soil-vapor extraction remediation activities" means soil remediation activities that use a process for physically separating (extracting) contaminates that are VOCs and semivolatile organic compounds from unsaturated soils by placing a porous tube (or tubes) under vacuum in the contaminated soil, and when a vacuum is drawn on the tube, vapor and some groundwater are drawn into the tube. The vapors collected through the vacuum system are then sent to an air pollution control system to destroy the organic contaminants.

(10) "Stationary source" means all of the emissions units that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel and those emissions resulting directly from an internal combustion engine for transportation purposes or from a non-road engine or non-road vehicle as defined in Section 216 of the Clean Air Act. Emissions units shall be considered as part of the same industrial grouping if the emissions units belong to the same major group (i.e., that have the same two-digit code) as described in the "Standard Industrial Classification Manual."

(11) "Surplus" means emission reductions made below an applicable source baseline which conform to the following:

(a) Are below allowable emission rates.

(b) The state of Ohio has not relied on the emission reduction in a required attainment demonstration of a national ambient air quality standard or a demonstration of reasonable further progress.

(c) The director has not relied on the emission reduction in issuing any permit under this chapter.

(d) Is not required by any applicable laws.

Emission reductions can be used for offsets or emission reduction credits to the extent allowed under state or federal law.

(T)

(1) "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less, and which complies with the state implementation plan for the state in which the clean coal technology demonstration project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the clean coal technology demonstration project and after the project is terminated.

(2) "Temporary source" means any new source of air contaminants or modification of an air contaminant source, which will cease operation, be relocated, or obtain a new permanent permit-to-install within two years of beginning operation.

(3) "Title I modification" means any modification under Section 111 or 112 of the Clean Air Act and any major modification under parts C or D of Title I of the Clean Air Act.

(4) "Total reduced sulfur" or "TRS" means, as defined under paragraph (L) of rule 3745-73-01 of the Administrative Code, the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl disulfide, that are measured by methods specified in rule 3745-73-04 of the Administrative Code.

(5) "Tribal governing body" means the governing body of any tribe, band, or group of Native Americans subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(6) "Tribal lands" means any federally recognized reservation established by treaty, agreement, executive order, or act of congress.

(7) "Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of ten thousand pounds or less.

(U) "µg/m³" means microgram per cubic meter.

(V) "Volatile organic compounds" or "VOC" has the same meaning as defined in rule 3745-21-01 of the Administrative Code.

(W)

(1) "Water-based ink/coating/adhesive" means an ink, coating or adhesive with a VOC content less than or equal to ten per cent by weight as applied.

(2) "Water-borne" means a material in which the water content of the volatile fraction is at least ninety-five per cent by weight.

(X) [Reserved.]

(Y) [Reserved.]

(Z) [Reserved.]

(AA) Referenced materials. This chapter includes references to certain subject matter or materials. The text of the referenced materials is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of and the particular edition or version of the material is included in this rule. For materials subject to change, only the specific version specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not referenced unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Aerometric information retrieval system (AIRS). Information can be obtained by writing to: "Air Facility System (OECA), Office of Enforcement and Compliance Assurance, 1200 Pennsylvania Ave. NW, mail code 2222A, Washington, D.C. 20460-0001," by calling 1-800-367-1044, or by visiting their web site at http://www.epa.gov/enviro/facts/afs/search.html.

(b) "American Society for Testing Materials" (ASTM). Information and copies of documents may be obtained by writing to: "ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19426-2959." These documents are also available for purchase at www.astm.org. ASTM documents are also available for inspection and use at most public libraries and "The State Library of Ohio."

(c) California air resources board (CARB) certification. Information and copies of executive orders, approval letters, equipment advisories, and equivalent test procedures may be obtained by writing to: "California Air Resources Board, Monitoring and Laboratory Division, P.O. Box 2815, Sacramento, CA, 95812-2815" or by calling (916) 327-0900. The full text of all CARB certification documents are also available in electronic format at http://www.arb.ca.gov/vapor/vapor.htm.

(d) Chemical abstract service (CAS). Information can be obtained by writing to: "Chemical Abstract Service, 2540 Olentangy River Road, Columbus, Ohio, 43202," or by visiting their web site at www.cas.org.

(e) Chemical rubber company (CRC) handbook of chemistry and physics. Information and copies may be obtained by writing to "CRC Press LLC, 2000 NW Corporate Blvd., Boca Raton, Florida, 33431," by calling 1-800-272-7737, or at http://www.crcpress.com/. A copy of this book is also available for inspection and use at most public libraries and "The State Library of Ohio."

(f) Clean Air Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.epa.gov/clean-air-act-overview. A copy of the act is also available for inspection and use at most public libraries and "The State Library of Ohio."

(g) Code of Federal Regulations (CFR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at http://www.ecfr.gov. The CFR compilations are also available for inspection and use at most public libraries and "The State Library of Ohio."

(h) Compilation of air pollutant emission factors, AP-42. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the compilation of air pollutant emission factors, AP-42, is also available in electronic format at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors. The compilation of air pollutant emission factors, AP-42, are also available for inspection and use at most public libraries and "The State Library of Ohio."

(i) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response-compensation-and-liability-act. A copy of the act is also available for inspection and use at most public libraries and "The State Library of Ohio."

(j) Control technology center. Information can be obtained by writing to: "Research Triangle Institute, Research Triangle Park, NC, 27709," by calling 1-919-541-2734, or by visiting their web site at https://www.epa.gov/catc/clean-air-technology-center-products.

(k) Federal Power Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at http://www.fws.gov/laws/lawsdigest/fedpowr.html. A copy of the act is also available for inspection and use at most public libraries and "The State Library of Ohio."

(l) Federal Register. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." Online access to the Federal Register is available at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR. A copy of the Federal Register is also available for inspection and use at most public libraries and "The State Library of Ohio."

(m) Great lakes binational toxics strategy. Information can be obtained by writing to: "U.S. Environmental Protection Agency, Great Lakes National Program Office, 77 W. Jackson Boulevard (G-17J), Chicago, Illinois, 60604-3511," by calling 1-312-353-2117, or by visiting their web site at http://www.epa.gov/grtlakes/bns/.

(n) Integrated risk management system (IRIS). Information can be obtained by writing to: "IRIS Hotline, c/o EPA Docket Center, Mail Code 28221T, EPA-West Building, 1301 Constitution Avenue NW, Washington, DC 20005," by calling 1-202-566-1676, or by visiting their web site at http://www.epa.gov/iris/index.html.

(o) "Lange's Handbook of Chemistry." Information and copies can be obtained by contacting: "McGraw-Hill Publishing, 104 Windsor Center Drive Suite 400 East Windsor, NJ 08520"; by calling (800) 722-4726, by electronic mail at customer.service@mcgraw-hill.com, or by visiting their website at http://www.mhprofessional.com/index.php.

(p) North American Electric Reliability Corporation Reliability Standard EOP-002-3. Information can be obtained by writing to: "NERC, Washington Office, 1325 G Street, NW Suite 600, Washington, DC 20005-3801," by calling 1-202-400-3000, or by visiting their website at http://www.nerc.com/files/EOP-002-3.pdf.

(q) North American industry classification system (NAICS). Information and copies may be obtained by contacting the national technical information service at 1-800-553-6847. The codes are also available in electronic format at https://www.census.gov/eos/www/naics/.

(r) "Perry's Chemical Engineer's Handbook; Information and copies can be obtained by contacting:" "McGraw-Hill Publishing, 104 Windsor Center Drive Suite 400 East Windsor, NJ 08520"; by calling (800) 722-4726, by electronic mail at customer.service@mcgraw-hill.com, or by visiting their website at http://www.mhprofessional.com/index.php.

(s) Recommended policy on control of volatile organic compounds. Information and copies of the federal register notice may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The federal register notice is also available for inspection and use at most public libraries and "The State Library of Ohio."

(t) Resource Conservation and Recovery Act (RCRA). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.epa.gov/rcra. A copy of the act is also available for inspection and use at most public libraries and "The State Library of Ohio."

(u) Standard industrial classification manual (SICM). Information and copies may be ordered by writing to: "U.S. Department of Commerce, Technology Administration, National Technical Information Service, Springfield, Virginia, 22161" or by calling 1-800-553-6847. A copy of the act is also available for inspection and use at most public libraries and "The State Library of Ohio."

(v) "Underwriters Laboratory" (UL). Information and copies may be ordered by writing to: "Underwriters Laboratories, 25175 Regency Drive Novi, MI 48375-2155" or by calling 1-877-854-3577. Copies can also be obtained electronically at: http://ulstandards.ul.com/. Copies of the standard are also available for inspection and use at most public libraries and "The State Library of Ohio."

(w) United States Code (USC). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United States Code is also available in electronic format at http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE. The USC compilations are also available for inspection and use at most public libraries and "The State Library of Ohio."

(2) Referenced materials:

(a) 1 USC 3; "General Provisions, "Vessel" as including all means of water transportation;" as published in the 2018 edition of the United States Code.

(b) 30 CFR part 7; "Testing by Applicant or Third Party;" as published in the July 1, 2020 Code of Federal Regulations.

(c) 30 CFR part 36; "Approval Requirements for Permissible Mobile Diesel-Powered Transportation Equipment;" as published in the July 1, 2020 Code of Federal Regulations.

(d) 30 CFR part 56; "Safety and Health Standards--Surface Metal and Nonmetal Mines;" as published in the July 1, 2020 Code of Federal Regulations.

(e) 30 CFR part 57; "Safety and Health Standards--Underground Metal and Nonmetal Mines;" as published in the July 1, 2020 Code of Federal Regulations.

(f) 30 CFR part 70; "Mandatory Health Standards--Underground Coal Mines;" as published in the July 1, 2020 Code of Federal Regulations.

(g) 30 CFR part 75; "Mandatory Safety Standards--Underground Coal Mines;" as published in the July 1, 2020 Code of Federal Regulations.

(h) 40 CFR 51.165; "Permit requirements;" as published in the July 1, 2020 Code of Federal Regulations.

(i) 40 CFR 51.166; "Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Prevention of significant deterioration of air quality;" as published in the July 1, 2020 Code of Federal Regulations.

(j) 40 CFR 52.21; "Approval and Promulgation of Implementation Plans, Prevention of significant deterioration of air quality;" as published in the July 1, 2020 Code of Federal Regulations.

(k) 40 CFR 60.15(b)(1); "Standards of Performance for New Stationary Sources - Reconstruction;" as published in the July 1, 2020 Code of Federal Regulations.

(l) 40 CFR 60.18; "General control device and work practice requirements;" as published in the July 1, 2020 Code of Federal Regulations.

(m) 40 CFR 60.111b; "Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984 - Definitions;" as published in the July 1, 2020 Code of Federal Regulations.

(n) 40 CFR 60.671; "Standards of Performance for Nonmetallic Mineral Processing Plants - Definitions;" as published in the July 1, 2020 Code of Federal Regulations.

(o) 40 CFR 60.4211; "What are my compliance requirements if I am an owner or operator of a stationary CI internal combustion engine?;" as published in the July 1, 2020 Code of Federal Regulations.

(p) 40 CFR 4214; "What are my notification, reporting, and recordkeeping requirements if I am an owner or operator of a stationary CI internal combustion engine?;" as published in the July 1, 2020 Code of Federal Regulations.

(q) 40 CFR 60.4231; "What emission standards must I meet if I am a manufacturer of stationary SI internal combustion engines or equipment containing such engines?;" as published in the July 1, 2020 Code of Federal Regulations.

(r) 40 CFR 60.4243; "What are my compliance requirements if I am an owner or operator of a stationary SI internal combustion engine?;" as published in the July 1, 2020 Code of Federal Regulations.

(s) 40 CFR 60.4245; "What are my notification, reporting, and recordkeeping requirements if I am an owner or operator of a stationary SI internal combustion engine?;" as published in the July 1, 2020 Code of Federal Regulations.

(t) 40 CFR 60.5375; "What standards apply to gas well affected facilities?;" as published in the July 1, 2020 Code of Federal Regulations.

(u) 40 CFR 60.5410; "How do I demonstrate initial compliance with the standards for my gas well affected facility, my centrifugal compressor affected facility, my reciprocating compressor affected facility, my pneumatic controller affected facility, my storage vessel affected facility, and my equipment leaks and sweetening unit affected facilities at onshore natural gas processing plants?;" as published in the July 1, 2020 Code of Federal Regulations.

(v) 40 CFR 60.5420; "What are my notification, reporting, and recordkeeping requirements?;" as published in the July 1, 2020 Code of Federal Regulations.

(w) 40 CFR 63.6585; "Am I subject to this subpart?;" as published in the July 1, 2020 Code of Federal Regulations.

(x) 40 CFR 63.6640; "How do I demonstrate continuous compliance with the emission limitations and operating limitations?;" as published in the July 1, 2020 Code of Federal Regulations.

(y) 40 CFR 63.6650; " What reports must I submit and when?;" as published in the July 1, 2020 Code of Federal Regulations.

(z) 40 CFR 80.510; "What are the standards and marker requirements for refiners and importers for NRLM diesel fuel and ECA marine fuel?;" as published in the July 1, 2020 Code of Federal Regulations.

(aa) 40 CFR 81.336; "Designation of Area for Air Quality Planning Purposes-Ohio;" as published in the July 1, 2020 Code of Federal Regulations.

(bb) 40 CFR 87.1(a); "Control of Air Pollution From Aircraft and Aircraft Engines, Definitions;" as published in the July 1, 2020 Code of Federal Regulations.

(cc) 40 CFR 89.2; "Control of Emissions From New and In-Use Nonroad Compression-Ignition Engines, Definitions;" as published in the July 1, 2020 Code of Federal Regulations.

(dd) 40 CFR 92.907; "Control of Air Pollution From Locomotives and Locomotive Engines, Non-locomotive-specific engine exemption;" as published in the July 1, 2020 Code of Federal Regulations.

(ee) 40 CFR 1039.1; "Does this part apply for my engines?;" as published in the July 1, 2020 Code of Federal Regulations.

(ff) 40 CFR 1068.1; "Does this part apply to me?;" as published in the July 1, 2020 Code of Federal Regulations.

(gg) 40 CFR 1068.31; "What provisions apply to nonroad or stationary engines that change their status?;" as published in the July 1, 2020 Code of Federal Regulations.

(hh) 40 CFR part 50, appendix J; "Reference Method for the Determination of Particulate Matter as PM10 in the Atmosphere;" as published in the July 1, 2020 Code of Federal Regulations.

(ii) 40 CFR part 50, appendix L; "Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the Atmosphere;" as published in the July 1, 2020 Code of Federal Regulations.

(jj) 40 CFR part 51; "Requirements for preparation, adoption, and submittal of implementation plans;" as published in the July 1, 2020 Code of Federal Regulations.

(kk) 40 CFR part 51, appendix M; "Recommended Test Methods for State Implementation Plans;" as published in the July 1, 2020 Code of Federal Regulations.

(ll) 40 CFR part 51, appendix S, sections I through VI; "Emission Offset Interpretive Ruling;" as published in the July 1, 2020 Code of Federal Regulations.

(mm) 40 CFR part 51, appendix W; "Guideline on Air Quality Models;" as published in the July 1, 2020 Code of Federal Regulations.

(nn) 40 CFR part 51, subpart I; "Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Subpart I -- Review of New Sources and Modifications;" as published in the July 1, 2020 Code of Federal Regulations.

(oo) 40 CFR part 52; "Approval and promulgation of implementation plans;" as published in the July 1, 2020 Code of Federal Regulations.

(pp) 40 CFR part 53; "Ambient Air Monitoring Reference and Equivalent Methods;" as published in the July 1, 2020 Code of Federal Regulations.

(qq) 40 CFR part 58, appendix A; "Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring;" as published in the July 1, 2020 Code of Federal Regulations.

(rr) 40 CFR part 58, appendix B; "Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring;" as published in the July 1, 2020 Code of Federal Regulations.

(ss) 40 CFR part 60; "Standards of Performance for New Stationary Sources;" as published in the July 1, 2020 Code of Federal Regulations.

(tt) 40 CFR part 60, appendix A; "Test Methods - Standards of Performance for New Stationary Sources;" as published in the July 1, 2020 Code of Federal Regulations.

(uu) 40 CFR part 60, appendix B; "Performance Specifications;" as published in the July 1, 2020 Code of Federal Regulations.

(vv) 40 CFR part 60, subpart I; "Standards of Performance for Hot Mix Asphalt Facilities;" as published in the July 1, 2020 Code of Federal Regulations.

(ww) 40 CFR part 60, subpart J; "Standards of Performance for Petroleum Refineries;" as published in the July 1, 2020 Code of Federal Regulations.

(xx) 40 CFR, part 60, subpart Dc; "Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units;" as published in the July 1, 2020 Code of Federal Regulations.

(yy) 40 CFR part 60, subpart AAA; "Standards of Performance for New Residential Wood Heaters;" as published in the July 1, 2020 Code of Federal Regulations.

(zz) 40 CFR part 60, subpart JJJ; "Standards of Performance for Petroleum Dry Cleaners;" as published in the July 1, 2020 Code of Federal Regulations.

(aaa) 40 CFR part 60, subpart OOO; "Standards of Performance for Nonmetallic Mineral Processing Plants;" as published in the July 1, 2020 Code of Federal Regulations.

(bbb) 40 CFR part 60, subpart IIII; "Standards of Performance for Stationary Compression Ignition Internal Combustion Engines;" as published in the July 1, 2020 Code of Federal Regulations.

(ccc) 40 CFR part 60, subpart JJJJ; "Standards of Performance for Stationary Spark Ignition Internal Combustion Engines;" as published in the July 1, 2020 Code of Federal Regulations.

(ddd) 40 CFR part 60, subpart OOOO; "Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution;" as published in the July 1, 2020 Code of Federal Regulations.

(eee) 40 CFR part 63, subpart ZZZZ; "National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines;' as published in the July 1, 2020 Code of Federal Regulations.

(fff) 40 CFR part 63, subpart CCCCCC; "National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities;" as published in the July 1, 2020 Code of Federal Regulations.

(ggg) 40 CFR part 63, subpart HHHHHH; "National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources;" as published in the July 1, 2020 Code of Federal Regulations.

(hhh) 40 CFR part 61; "National Emission Standards for Hazardous Air Pollutants;" as published in the July 1, 2020 Code of Federal Regulations.

(iii) 40 CFR part 61, subpart M; "National Emission Standard for Asbestos;" as published in the July 1, 2020 Code of Federal Regulations.

(jjj) 40 CFR part 63; "National Emission Standards for Hazardous Air Pollutants for Source Categories;" as published in the July 1, 2020 Code of Federal Regulations.

(kkk) 40 CFR part 89; "Control of Emissions From New and In-Use Nonroad Compression-Ignition Engines;" as published in the July 1, 2020 Code of Federal Regulations.

(lll) 40 CFR part 92; "Control of Air Pollution From Locomotives and Locomotive Engines;" as published in the July 1, 2020 Code of Federal Regulations.

(mmm) 40 CFR part 94; "Control of emissions from marine compression-ignition engines;" as published in the July 1, 2020 Code of Federal Regulations.

(nnn) 42 USC 7401 to 7671q; "The Public Health and Welfare-Air Pollution Prevention and Control;" as published in the 2018 Edition of the United States Code.

(ooo) 42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" as published in the 2018 edition of the United States Code.

(ppp) 42 USC 7412(h); "Hazardous air pollutants, Work practice standards and other requirements;" as published in the 2018 edition of the United States Code.

(qqq) ASTM D2306-00; "Standard Test Method for C8 Aromatic Hydrocarbon Analysis by Gas Chromatography"; approved June 10, 2000.

(rrr) ASTMD2879-18; "Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope"; approved April 10, 1997, reapproved May 1, 2007, updated December 12, 2018.

(sss) ASTM D3792-16; "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph"; approved January 1, 2005, updated December 27, 2016.

(ttt) ASTM E260-96(2019); "Standard practice for packed column gas chromatography"; approved January 1, 2001, reapproved September 9, 2019.

(uuu) "Chemical Rubber Company (CRC) Handbook of Chemistry and Physics," 89th edition, 2008-2009 as published on June 17, 2008.

(vvv) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 121(e); contained in 42 USC 9621; "Cleanup standards;" as published in the 2018 edition of the United States Code.

(www) Federal Power Act; contained in 16 USC 791 to 828c; "Federal Regulation and Development of Power;" as published in the 2018 edition of the United States Code.

(xxx) "Lange's Handbook of Chemistry," seventieth anniversary edition; published December 20, 2004.

(yyy) New source performance standards; contained in 42 USC 7411; "Standards of performance for new stationary sources;" as published in the 2018 edition of the United States Code.

(zzz) North American Electric Reliability Corporation Reliability Standard EOP-002-3; "Capacity and Energy Emergencies;" adopted August 5, 2010.

(aaaa) Part C of Title I of the Clean Air Act; contained in 42 USC 7470 to 7492; "Prevention of Significant Deterioration of Air Quality;" as published in the 2018 edition of the United States Code.

(bbbb) Part D of Title I of the Clean Air Act; contained in 42 USC 7501 to 7515; "Plan Requirements for Nonattainment Areas;" as published in the 2018 edition of the United States Code.

(cccc) "Perry's Chemical Engineers' Handbook," eighth edition; as published November 13, 2007.

(dddd) RCRA Subtitle D; contained in 42 USC 6941 to 6949a; "Resource Conservation and Recovery Act, State or Regional Solid Waste Plans;" as published in the 2018 edition of the United States Code.

(eeee) "Recommended policy on control of volatile organic compounds;" 42 FR 35314, July 8, 1977.

(ffff) Section 1.4, "Natural Gas Combustion;" contained in Chapter 1, "External Combustion Sources", Volume I, "Stationary Point and Area Sources" of the "Compilation of Air Pollutant Emission Factors, AP-42;" fifth edition, supplement D, as published July, 1998.

(gggg) Section 2(A) and (B) of the Energy Supply and Environmental Coordination Act of 1974; contained in 15 USC 792; "Coal conversion and allocation;" as published in the 2018 edition of the United States Code.

(hhhh) Section 107(d) of the Clean Air Act; contained in 42 USC 7407; "Air Quality Control Regions-Designations;" as published in the 2018 edition of the United States Code.

(iiii) Section 108 of the Clean Air Act; contained in 42 USC 7408; "Air quality criteria and control techniques;" as published in the 2018 edition of the United States Code.

(jjjj) Section 109 of the Clean Air Act; contained in 42 USC 7409; "National primary and secondary ambient air quality standards;" as published in the 2018 edition of the United States Code.

(kkkk) Section 110 of the Clean Air Act; contained in 42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" as published in the 2018 edition of the United States Code.

(llll) Section 111 of the Clean Air Act; contained in 42 USC 7411; "Standards of performance for new stationary sources;" as published in the 2018 edition of the United States Code.

(mmmm) Section 112 of the Clean Air Act; contained in 42 USC 7412; "Hazardous Air Pollutants;" as published in the 2018 edition of the United States Code.

(nnnn) Section 112(b) of the Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants- List of pollutants;" as published in the 2018 edition of the United States Code.

(oooo) Section 112(c) of the Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants - List of source categories;" as published in the 2018 edition of the United States Code.

(pppp) Section 112(d) of the Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Emission standards;" as published in the 2018 edition of the United States Code.

(qqqq) Section 112(h) of the Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Work practice standards and other requirements;" as published in the 2018 edition of the United States Code.

(rrrr) Section 112(j) of the Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Equivalent emission limitation by permit;" as published in the 2018 edition of the United States Code.

(ssss) Section 112(l) of the Clean Air Act; contained in 42 USC 7412; "Hazardous Air Pollutants;" as published in the 2018 edition of the United States Code.

(tttt) Section 113 of the Clean Air Act; contained in 42 USC 7413; "Federal enforcement;" as published in the 2018 edition of the United States Code.

(uuuu) Section 121(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); contained in 42 USC 9621; "Cleanup Standards - Permits and Enforcement;" as published in the 2018 edition of the United States Code.

(vvvv) Section 125 of the Clean Air Act; contained in 42 USC 7425; "Measures to prevent economic disruption or unemployment;" as published in the 2018 edition of the United States Code.

(wwww) Section 173 of the Clean Air Act; contained in 42 USC 7503; "Permit requirements;" as published in the 2018 edition of the United States Code.

(xxxx) Section 171 of the Clean Air Act; contained in 42 USC 7501; "Definitions;" as published in the 2018 edition of the United States Code.

(yyyy) Section 182(c) of the Clean Air Act; contained in 42 USC 7511a; "Plan submissions and requirements-Serious Areas;" as published in the 2018 edition of the United States Code.

(zzzz) Section 182(f) of the Clean Air Act; contained in 42 USC 7511a; "Plan submissions and requirements-NOx requirements;" as published in the 2018 edition of the United States Code.

(aaaaa) Section 189 of the Clean Air Act; contained in 42 USC 7513a; "Plan Provisions and Schedules for Plan Submissions;" as published in the 2018 edition of the United States Code.

(bbbbb) Section 202 of the Clean Air Act; contained in 42 USC 7521; "Emission standards for new motor vehicles or new motor vehicle engines;" as published in the 2018 edition of the United States Code.

(ccccc) Section 216 of the Clean Air Act; contained in 42 USC 7550; "Motor Vehicle Emission and Fuel Standards - Definitions;" as published in the 2018 edition of the United States Code.

(ddddd) Section 304 of the Clean Air Act; contained in 42 USC 7604; "Citizen suits;" as published in the 2018 edition of the United States Code.

(eeeee) Section 402(12) of Title IV of the Clean Air Act; contained in 42 USC 7651a; "Definitions;" as published in the 2018 edition of the United States Code.

(fffff) Section 409 of the Clean Air Act; contained in 42 USC 7651h; "Repowered sources;" as published in the 2018 edition of the United States Code.

(ggggg) Section 504(a) of the Clean Air Act; contained in 42 USC 7661c; "Permit requirements and conditions;" as published in the 2018 edition of the United States Code.

(hhhhh) Standard industrial classification manual. United States. Office of management and budget. Last amended 1988.

(iiiii) Title II of the Clean Air Act; contained in 42 USC 7521 to 7590; "Emission Standards for Moving Sources;" as published in the 2018 Edition of the United States Code.

(jjjjj) Title IV of the Clean Air Act; contained in 42 USC 7651 to 7651o; "Acid Deposition Control;" as published in the 2018 edition of the United States Code.

(kkkkk) Title VI of the Clean Air Act; contained in 42 USC 7671 to 7671q; "Stratospheric Ozone Protection;" as published in the 2018 edition of the United States Code.

(lllll) UL 330; "Standard for Hose and Hose Assemblies for Dispensing Flammable Liquids;" as published December 16, 2009.

(mmmmm) USEPA method 9; contained in 40 CFR part 60, appendix A-4; "Visual Determination of the Opacity of Emissions From Stationary Sources;" as published in the July 1, 2020 Code of Federal Regulations.

Notes

Ohio Admin. Code 3745-31-01

Effective: 4/1/2025
Five Year Review (FYR) Dates: 11/30/2027
Promulgated Under: 119.03
Statutory Authority: 3704.03(F), 3704.03(G)
Rule Amplifies: 3704.03(A), 3704.03(F), 3704.03(G)
Prior Effective Dates: 07/05/1973, 01/01/1974, 11/07/1979, 08/15/1982, 09/18/1987, 11/17/1988 (Emer.), 03/09/1989 (Emer.), 06/12/1989, 10/08/1993, 06/01/1994, 04/12/1996, 04/27/1998, 09/25/1998, 11/30/2001, 10/17/2003, 10/28/2004, 11/03/2006, 12/01/2006, 12/14/2007, 05/29/2014, 05/01/2016, 03/20/2017, 03/11/2023