[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 the
"Incorporation by Reference" section at the end of rule 3745-31-01ofthe
Administrative Code
paragraph (LLLLLL) of rule
3745-31-01 of the
Administrative Code titled, "referenced materials".]
This chapter provides requirements for installation,
modification and operation of new and existing air contaminant sources at
facilities that are not subject to Chapter 3745-77 of the Administrative Code.
This chapter also provides requirements for installation and modification of
air contaminant sources at facilities that are, or will be, subject to Chapter
3745-77 of the Administrative Code. The operating requirements for air
contaminant sources, defined as Title V sources, can be found in Chapter
3745-77 of the Administrative Code.
[Comment: Prior to the effective
date of this rule
June 30, 2008,
requirements for permits-to-operate for sources not subject to Chapter 3745-77
of the Administrative Code were contained in Chapter 3745-35 of the
Administrative Code. Upon the effective date of this
rule
On June 30, 2008, Chapter 3745-35
was rescinded and all operating requirements for sources at facilities not
subject to Chapter 3745-77 of the Administrative Code were incorporated into
this chapter. Rules
3745-31-01 to
3745-31-07
of the Administrative Code provide regulatory requirements for installation and
modification for all sources. Rules
3745-31-01 to
3745-31-07
of the Administrative Code also provide regulatory requirements for operation
of sources at facilities not subject to Chapter 3745-77 of the Administrative
Code. Rule
3745-31-08
of the Administrative Code provides the on-going regulatory requirements for
sources at facilities not subject to Chapter 3745-77 of the Administrative Code
that previously received registration status for permit-to-operate purposes
under the now rescinded Chapter 3745-35 of the Administrative Code. Updated
requirements for registration status, now defined as express permit-to-install
or express PTIOs, are incorporated into rule
3745-31-05
of the Administrative Code. Rule
3745-31-09
of the Administrative Code provides for operation or other use of an air
contaminant source that emits any air pollutant under a variance. This
provision was previously established in the now rescinded rule
3745-35-03
of the Administrative Code. Rule
3745-31-29
of the Administrative Code provides for general permits-to-install and general
PTIOs. Rule
3745-31-33
of the Administrative Code identifies activities that are included and excluded
from meaning of begin actual construction, as defined in rule
3745-31-01 of the
Administrative Code. The remaining rules in this chapter, rules
3745-31-10
to
3745-31-28
and rules 3745-31-30to
rule 3745-31-32 of the Administrative Code,
provide additional regulatory requirements for installation and modification of
air contaminant sources that are located at a major stationary source or are
considered major modifications, as defined in rule
3745-31-01 of the
Administrative Code. Installation or modification of air contaminant sources
that are located at a major stationary source or are considered major
modifications, are, or will become, subject to Chapter 3745-77 of the
Administrative Code. The operating regulatory requirements for these types of
sources are contained in Chapter 3745-77 of the Administrative Code.]
(A) Permit-to-install or PTIO
(1) Except as provided in rule
3745-31-03
of the Administrative Code
or paragraph (A)(3) of this
rule, no person shall cause, permit, or allow
the
any of the
following:
(a) Installation or
modification of any new source that is, or will be, part of a facility, as
defined in Chapter 3745-77 of the Administrative Code, and that is required to
obtain a Title V permit under Chapter 3745-77 of the Administrative Code,
without first obtaining a permit-to-install from the director
; or
.
(b) Installation or modification, and
subsequent operation of any new source that is not part of a facility, as
defined in Chapter 3745-77 of the Administrative Code, and that is not required
to obtain a Title V permit under Chapter 3745-77 of the Administrative Code,
without first obtaining a PTIO from the director
;
or
.
[Comment: paragraph
Paragraph (A)(1)(b) of this rule is not intended
to prohibit any new source, as defined in rule
3745-31-01 of the
Administrative Code, currently operating under an effective permit-to-install
or permit-to-operate from continuing operation in accordance with those
permits. Nor is it intended to prohibit any new source currently operating
under an expired permit-to-operate, where a timely and complete application for
renewal is pending in accordance with division (C) of section
119.06 of the Revised Code, from
continuing operation in accordance with the expired permit-to-operate until
such time as a new PTIO is issued or denied.]
(c) Operation of any air contaminant source,
except as provided in rule
3745-31-08
of the Administrative Code, not defined as a new source under rule
3745-31-01 of the
Administrative Code, that is not part of a facility, as defined in Chapter
3745-77 of the Administrative Code, and that is not required to obtain a Title
V permit under Chapter 3745-77 of the Administrative Code, without first
obtaining authority to operate through issuance of a PTIO from the director,
which may include
any of the following:
(i) Requirements for equipping the air
contaminant source with instrumentation and sensing devices to monitor and
record emission data and other information about the operation of the air
contaminant source
; and
.
(ii)
Requirements for performance tests that demonstrate that the source is in
compliance with applicable emission limitations and other applicable laws, at
the applicant's expense, in accordance with methods prescribed by the Ohio
environmental protection agency. The Ohio environmental protection agency, or
its representatives, may observe, participate in, or conduct any performance
test required.
(2) An owner or operator who currently holds
a permit-to-install
and/or
or permit-to-operate for an air contaminant
source which permit was issued prior to the effective date of this rule, may be
issued a PTIO for the same air contaminant source. The director may require the
owner or operator of the air contaminant source submit an updated application
for the PTIO. Upon final issuance of the PTIO, any permit-to-install
and/or
or
permit-to-operate for the air contaminant source will be superseded by the
issuance of the PTIO. The superseded permits will terminate and cease to be
enforceable.
(3)
No installation permit shall be required for
activities that are subject to and in compliance with a plant-wide
applicability limit issued by the director in accordance with rule
3745-31-32
of the Administrative Code.
(B) Changes in applicability: Title V versus
non-Title V
.
This paragraph is applicable to an owner or operator where a
change in the air contaminant source, stationary source, or applicable law
results in a change in the requirements applicable to the source under this
chapter and/or
or Chapter 3745-77 of the Administrative Code. A
change may include, but is not limited to, a modification or major modification
as defined in this chapter, a relaxation of a federally enforceable limitation
on the potential to emit applicable under paragraph (D) of rule
3745-31-05
of the Administrative Code, or the imposition of a federally enforceable
limitation, or limitation legally and practicably enforceable by the state, on
the potential to emit that restricts a stationary source's potential to emit
below major source thresholds applicable under paragraph (D) of rule
3745-31-05
of the Administrative Code.
(1) The
following is applicable to an owner or operator who holds a permit-to-install,
permit-to-operate
and/or
or PTIO where a change subjects the owner or
operator to the requirements of Chapter 3745-77 of the Administrative
Code
.
:
(a) The owner or operator shall submit a
Title V permit application and obtain a Title V permit from the director, as
required under Chapter 3745-77 of the Administrative Code.
(b) If the change is defined as a new source,
modification or major modification under this chapter, the owner or operator
shall submit the required application and obtain a permit-to-install, as
required under this chapter, from the director.
(c) Upon final issuance of the permit
required under paragraph (B)(1)(a) of this rule, and, if applicable, under
paragraph (B)(1)(b) of this rule, any permit-to-operate,
and/or
or any
terms and conditions specifically identified in the standard terms and
conditions of a PTIO as no longer enforceable under conditions described in
paragraph (B)(1) of this rule, will be superseded by the issuance of the Title
V permit required under paragraph (B)(1)(a) of this rule, and, if applicable,
the permit-to-install required under paragraph (B)(1)(b) of this rule. All
superseded permits-to-operate and specifically superseded terms and conditions
of a PTIO, will terminate and cease to be enforceable. As applicable, terms and
conditions of any PTIO not superseded will function as the
permit-to-install.
(2)
The following is applicable to an owner or operator who currently holds a Title
V permit where a change eliminates the applicability of Chapter 3745-77 of the
Administrative Code but the change does not exempt the owner or operator from
requirements to obtain a PTIO
.
:
(a) The owner or
operator may submit the required application and obtain a PTIO or Federally
Enforceable PTIO (FEPTIO) from the director, as required under this chapter.
[Comment: An owner or operator
with authority to operate under a Title V permit which subsequently makes a
change at the facility that eliminates the applicability of Chapter 3745-77 of
the Administrative Code is not obligated to obtain a PTIO or FEPTIO if the
owner or operator elects to continue to be permitted under the Title V
permit.]
(b) Final issuance
of any permit under paragraph (B)(2)(a) of this rule does not release the owner
or operator from the requirements contained in Chapter 3745-77 of the
Administrative Code or the owner or operator's active Title V permit, except as
expressly released in rule, by order of the director, or a in a federally
enforceable permit.
(C) Permanent shutdown of an air contaminant
source subject to the terms and conditions of a permit-to-install or PTIO
.
When expressly provided in the terms and conditions of a
permit-to-install or PTIO, the owner or operator of an air contaminant source
that is permanently shutdown may be relieved from certain requirements in the
terms and conditions of the permit-to-install or PTIO, without obtaining a
modification or administrative modification, upon meeting the requirements
specified in the permit for permanently shutting down air contaminant sources.
Those terms and conditions for which the owner or operator is relieved will
cease to be enforceable upon meeting the requirements for permanently shutting
down air contaminant sources contained in the terms and conditions of the
permit.
(D) The director,
in
his or her
the
director's discretion, may issue an order requiring any person planning
to install or modify, or in the process of installing or modifying, any air
contaminant source as defined in rule
3745-31-01 of the
Administrative Code, that is otherwise exempted, to obtain a permit-to-install
or PTIO, before proceeding with installation or modification, if in the
director's judgment, operation of the air contaminant source after installation
or modification might result in a violation of the criteria established in
paragraph (A) of rule
3745-31-05
of the Administrative Code.
(E) The
director, in
his or her
the director's discretion or where required to do
so by federal laws or regulations, may issue a single permit-to-install or PTIO
having application to all pollutants of any kind emanating from any air
contaminant source, or issue a single permit-to-install or PTIO having
applicability to more than one air contaminant source, controlled by a common
owner or operator, located in the same county.
(F) The approval to construct
and/or
or
operate under this chapter shall not relieve any owner or operator of a
stationary source of the responsibility to comply fully with applicable
provisions of this chapter and any other requirements under local, state or
federal law.
(G) If any provision
of this chapter or the application of such provision to any person or
circumstance, is held invalid, the remainder of this chapter, or the
application of such provision to persons or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
Notes
Ohio Admin. Code
3745-31-02
Effective:
5/29/2014
R.C.
119.032 review dates:
01/10/2014 and
05/29/2019
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F),
3704.03(G)
Rule Amplifies:
3704.03(G),
3704.03(F) ,
3704.03(A)
Prior Effective Dates: 7/5/73, 1/1/74, 11/7/79, 6/14/82, 8/15/82,
9/18/87, 4/20/94, 11/18/94, 4/12/96, 4/27/98, 6/18/01, 11/30/01, 10/17/03,
10/28/04, 11/3/06, 12/01/06, 6/30/08
