[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 rule
3745-31-01 of the Administrative
Code titled, "referenced materials."]
(A)
A
permit-to-install or PTIO as required by rule
3745-31-02 of the Administrative
Code shall be obtained for the installation or modification, and operation of
an air contaminant source unless exempted under paragraph (B) of this rule, or
unless the owner or operator elects to install or modify, and operate, under a
permit-by-rule in accordance with paragraph (C) of rule
3745-31-30 of the Administrative
Code.
The exemptions under paragraph (B) of
this rule relieve permittees from the obligation to apply for and obtain a
permit-to-install or PTIO. These exemptions do not, however, exempt any air
contaminant source from requirements of the Clean Air Act, including, but not
limited to the following:
(1)
Being considered for purposes of determining whether a
facility constitutes a major stationary source or a project constitutes a major
modification.
(2)
Being considered for the purposes of determining
whether a facility constitutes a major stationary source under the Title V
program (Chapter 3745-77 of the Administrative Code).
(3)
Compliance with
any applicable new source performance standard (NSPS) contained in 40 CFR part
60.
(4)
Compliance with any applicable national emissions
standard for hazardous air pollutant (NESHAP) standard as contained in 40 CFR
part 61 .
(5)
Compliance with any applicable maximum achievable
control technology standard (MACT) as contained in 40 CFR part
63.
(B)
Exemptions.
(1)
Permanent exemptions.
(a)
Fossil fuel-fired
boilers, preheaters, air heaters, water heaters, or heaters used for other heat
exchange media less than or equal to ten million British thermal units per hour
burning only natural gas, distillate oil, biodiesel, or liquid petroleum
gas.
(b)
Fossil fuel or wood fuel-fired boilers, preheaters, air
heaters, or water heaters less than one million British thermal units per hour
except units burning waste fuels or waste oil.
(c)
Fossil fuel-fired
furnaces or dryers less than ten million British thermal units per hour and
burning only natural gas, distillate oil, biodiesel, or liquid petroleum gas
and the only emissions are from the products of combustion from fuel and water
vapor and where no melting or refining occurs nor where any burning of any
material occurs.
(d)
Tumblers used for the cleaning or deburring of metal
products without abrasive blasting.
(e)
Equipment used
exclusively for the packaging of lubricants or greases, and water-borne
adhesives, coatings or binders.
(f)
Equipment used
exclusively for the mixing and blending of materials at ambient temperature to
make water-borne adhesives, coatings or binders.
(g)
Bakery ovens that
bake any of the following:
(i)
Chemically leavened products.
(ii)
Yeast dough
products and that are not located at a commercial bakery.
(iii)
Biscuits,
crackers, cookies and other similar nonleavened products.
(iv)
Yeast dough,
bread, buns and rolls at a bakery having a total maximum yeast dough, bread,
buns and rolls production rate of less than or equal to one thousand pounds per
hour.
(h)
Mixers and blenders and deep fat fryers (except deep
fat fryers used for large scale production of products) where the products are
edible and intended for human consumption.
(i)
Laboratory
equipment.
(i)
Laboratory equipment and laboratory fume hoods used
exclusively for chemical or physical analyses and bench scale laboratory
equipment.
(ii)
Laboratory paint booths used to prepare samples for
chemical or physical analysis where the actual emissions of each laboratory
paint booth is less than 3.0 tons of VOC per year and where the following
occurs:
(a)
The
owner or operator maintains records, available to the director upon request,
detailing that the VOC emissions are less than 3.0 tons of VOC per
year.
(b)
Any exhaust system that serves only coating spray
equipment is supplied with a properly installed and operating particulate
control system.
(j)
Photographic
process equipment by which an image is reproduced upon material sensitized to
radiant energy.
(k)
Equipment used for injection molding of resins where no
more than one million pounds (five hundred tons) of resins (thermoplastic or
thermosetting) per rolling twelve-month period are used in injection machines
at the facility.
(l)
Storage tanks for any of the following:
(i)
Inorganic liquids
including water (at standard temperature and pressure) except as described in
paragraph (B)(1)(l)(vii) of this rule.
(ii)
Pressurized
storage for inorganic compounds or propane, butane, isobutane, and liquid
petroleum gases.
(iii)
Liquids with a capacity of less than seven hundred
gallons.
(iv)
Organic liquids with a capacity of less than
seventy-five cubic meters (nineteen thousand eight hundred fifteen gallons) and
equipped with submerged fill, except gasoline storage tanks located at bulk
gasoline plants which are subject to the requirements of paragraph (P) of rule
3745-21-09 of the Administrative
Code.
(v)
Organic liquids with a capacity greater than or equal
to seventy-five cubic meters (nineteen thousand eight hundred fifteen gallons)
but less than one hundred fifty-one cubic meters (thirty-nine thousand eight
hundred ninety-four gallons) storing a liquid with a maximum true vapor
pressure, as defined in 40
CFR 60.111b, of less than 15.0 kilopascals
(2.176 pounds per square inch absolute) and equipped with submerged
fill.
(vi)
Organic liquids with a capacity greater than or equal
to one hundred fifty-one cubic meters (thirty-nine thousand eight hundred
ninety-four gallons) storing a liquid with a maximum true vapor pressure, as
defined in 40 CFR
60.111b, of less than 3.5 kilopascals (0.508
pounds per square inch absolute).
(vii)
Acids (as
defined in the "Chemical Rubber Company (CRC) Handbook of Chemistry and
Physics") stored in tanks less than or equal to seven thousand five hundred
gallons capacity.
(m)
Compression
molding presses used for the curing of plastic products that qualify for the de
minimis exemption under rule
3745-15-05 of the Administrative
Code. This type of press uses a thermosetting resin and involves a chemical
reaction, usually involving heat curing, that converts the material (e.g.,
polyesters, polyurethanes, epoxy resins, etc.) to a solid, insoluble state
using a hardening or curing operation.
(n)
Presses used
exclusively for extruding clay.
(o)
Storage tanks,
storage silos, and other farm equipment located on a farm and utilized
exclusively for the production of food or grain on the
premises.
(p)
The relocation of any portable source including the
portable permit-by-rule source in the state of Ohio that meets the following
requirements:
(i)
The director has issued a one-time approval to relocate
to the new location in accordance with the following criteria:
(a)
The portable
source including the portable permit-by-rule source was installed after January
1, 1974 and continues to comply with any applicable BAT and state or federal
air pollution rule or law.
(b)
The portable
source including the portable permit-by-rule source continues to comply with
the currently effective permit-to-install or PTIO or any applicable
permit-to-operate or registration status or currently effective
permit-by-rule.
(c)
The owner or operator has requested approval, in a form
and manner prescribed by the director, to relocate the portable source
including the portable permit-by-rule source within a minimum of twenty-one
days prior to the scheduled relocation.
(d)
The director has
issued a public notice, consistent with Chapter 3745-49 of the Administrative
Code, in the county where the proposed site is located, stating that in the
director's judgment the portable source including the portable permit-by-rule
source at the proposed site will have an acceptable environmental
impact.
(e)
Following approval of the site by the director, the
portable source including the portable permit-by-rule source may relocate to
the site one time within three hundred sixty-five days of approval
issuance.
(f)
The owner or operator shall provide the director with
confirmation of relocation, in a form and manner prescribed by the director,
that the relocation has occurred within twenty-one days after relocation to the
approved site.
(ii)
The director has issued a site pre-approval for the new
location in accordance with the following:
(a)
The portable
source including the portable permit-by-rule source was installed after January
1, 1974 and continues to comply with any applicable BAT and state or federal
air pollution rule or law.
(b)
The portable
source including the portable permit-by-rule source continues to comply with
the currently effective permit-to-install or PTIO or any applicable
permit-to-operate or registration status or currently effective
permit-by-rule.
(c)
The owner or operator has requested approval, in a form
and manner prescribed by the director, to relocate the portable source
including the portable permit-by-rule source to the proposed pre-approved
site.
(d)
The director has issued a public notice, consistent
with Chapter 3745-49 of the Administrative Code, in the county where the
proposed pre-approved site is located, stating that in the director's judgment
the portable source including the portable permit-by-rule source and the
proposed pre-approved site will have an acceptable environmental
impact.
(e)
Following pre-approval of the site by the director, the
portable source including the portable permit-by-rule source may relocate to
the pre-approved site at any time on or before the expiration date.
Pre-approvals expire within three years of approval issuance.
(f)
The owner or
operator shall provide the director with confirmation of relocation, in a form
and manner prescribed by the director, that the relocation has occurred within
twenty-one days after relocation to the pre-approved site.
[Comment: Relocation of any portable
source including the portable permit-by-rule source that results in the
installation of a major stationary source or the modification of a major
stationary source shall also meet all applicable requirements under this
chapter, including the requirement to obtain a permit-to-install prior to
relocation. Relocation of any portable source including the portable
permit-by-rule source that results in the creation of a major source, as
defined in rule
3745-77-01 of the Administrative
Code, shall also meet all applicable requirements under the Title V program
contained in Chapter 3745-77 of the Administrative Code, which may include the
requirement to apply for a Title V
permit.]
(q)
Dry cleaning
facilities, as defined in paragraph (K)(2) of rule
3745-21-01 of the Administrative
Code, that do not use perchloroethylene solvent and meet all of the
following:
(i)
Employ petroleum solvents as defined in paragraph (K)(7) of
rule 3745-21-01 of the Administrative
Code or other nonperchloroethylene solvents that meet the definition of
volatile organic compound.
(ii)
Have a total
manufacturer's rated capacity of all dry-to-dry cleaning machines and separate
dryers at the facility of less than or equal to eighty-three pounds of
articles, dry basis.
(iii)
Have a total annual consumption of solvents in all
machines of less than or equal to five hundred gallons.
(iv)
Comply with
paragraph (BB)(1)(c) of rule
3745-21-09 of the Administrative
Code for minimizing solvent evaporation, and paragraphs (BB)(1)(d), (BB)(1)(e),
(BB)(4)(b)(iv) and (BB)(5)(b) of rule
3745-21-09 of the Administrative
Code for recordkeeping and reporting related to equipment leak detection and
repair.
(r)
Dry cleaning and laundry facilities that employ wet
cleaning processes, liquid carbon dioxide processes, or equipment that utilizes
volatile methyl siloxane solvent.
(s)
Noncontinuous
solvent recycling or reclaiming units with less than twenty gallons
capacity.
(t)
Non-heatset or sheet-fed presses with an organic
content potential to emit of less than three tons per year.
(v)
Equipment used
for spraying or applying insecticides, pesticides and herbicides except at
facilities producing these substances or mixtures for sale or
distribution.
(w)
Combustors used exclusively for the purpose of research
and development of more efficient combustion of coal or more effective
prevention of air pollutant emissions from coal combustion, less than ten
million British thermal units per hour and an annual average capacity factor of
not more than twenty per cent.
(x)
Solvent cold
cleaners that meet the provisions of paragraph (O) of rule
3745-21-09 of the Administrative
Code and have a liquid surface area less than or equal to ten square feet or a
reservoir opening of less than six inches in diameter.
(z)
Grinding and machining operations, abrasive blasting,
pneumatic conveying, and wood working operations controlled with a paper or
fabric filter, scrubber, or mist collector designed to emit not more than 0.03
grains of particulate per dry standard cubic foot of exhaust gas with less than
four thousand actual cubic feet per minute volume, venting inside a building,
and emitting less than ten pounds per day of nonparticulate matter air
contaminants.
(aa)
Uncontrolled grinding, machining, and sanding
operations, abrasive cleaning operations (dry or wet), pneumatic conveying and
woodworking operations that have no visible emissions, vent to the inside of a
building and emit less than ten pounds per day of nonparticulate matter air
contaminants.
(bb)
Parts washers and rinse tanks using detergent
cleaners.
(cc)
Aluminum die-casting machines.
(dd)
Air contaminant
sources at nonproduction research and development operations with a potential
to emit from any air contaminant source of less than one ton per year of any
criteria pollutant per air contaminant source.
(ee)
Vegetable oil
storage tanks and pumps and valves used in vegetable oil processing
operations.
(ff)
Gasoline dispensing facilities, as defined in paragraph
(H) of rule
3745-21-01 of the Administrative
Code, or other motor fuel dispensing facilities that are equipped with stage I
vapor control and are not located in the following counties, consistent with
paragraph (A) of rule
3745-21-09 of the Administrative
Code: Ashtabula, Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga,
Greene, Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami,
Montgomery, Portage, Stark, Summit, Trumbull, Warren, or Wood.
(gg)
Gasoline
dispensing facilities, as defined in paragraph (H) of rule
3745-21-01 of the Administrative
Code, or other motor fuel dispensing facilities that have an individual maximum
annual throughput of less than six thousand gallons of gasoline per
year.
(hh)
Air separation plants.
(ii)
All maintenance
welding operations.
(jj)
Brazing, soldering, welding, or plasma cutting
operations where emissions of particulate matter are vented to a control device
located and vented inside the building.
(kk)
Passive methane
venting systems from non-hazardous waste landfills.
(ll)
Coating
applicators with properly designed and operated particulate matter control
devices and venting systems that employ less than five gallons of only
air-dried coating material in any one day provided that the applicators
are:
(i)
Not
located in a nonattainment area for ozone.
(ii)
Not subject to
limits specified in or not specifically exempted from rule
3745-21-09 of the Administrative
Code.
(iii)
Not subject to federal standards of performance for new
stationary sources.
(iv)
Not located at a facility with actual emissions of
twenty-five or more tons of volatile organic materials per
year.
(mm)
Refrigerant reclaiming and recycling machines located
at motor vehicle repair facilities.
(nn)
Natural gas
compressor engines used for maintenance activities with a heat input rate of no
greater than ten million British thermal units per hour fired by natural gas,
gasoline or distillate oil, and that, as applicable, comply with either 40 CFR
Part 60, subpart IIII, the standards of performance for new stationary
compression ignition internal combustion engines, or 40 CFR Part 60, subpart
JJJJ, the standards of performance for new stationary spark ignition internal
combustion engines, or 40 CFR part 63, subpart ZZZZ, the "National Emission
Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines."
(oo)
Emergency electrical generators, emergency air
compressors or emergency water pumps less than or equal to fifty horsepower
that burn gasoline, natural gas, distillate oil, or liquid petroleum gas, and
that, as applicable, comply with either 40 CFR part 60, subpart IIII, the
standards of performance for new stationary compression ignition internal
combustion engines, or 40 CFR part 60, subpart JJJJ, the standards of
performance for new stationary spark ignition internal combustion engines, or
40 CFR part 63, subpart ZZZZ, the "National Emission Standards for Hazardous
Air Pollutants for Reciprocating Internal Combustion Engines."
(pp)
Two-stroke or
four-stroke, air-cooled engines of no more than twenty horsepower, fueled by
gasoline, natural gas or liquified petroleum gas, used for lawnmowers, small
electric generators, compressors, pumps, minibikes, snow throwers, garden
tractors or other similar uses.
(qq)
Non-road
engines, subject to the following:
(i)
Consistent with this exemption and pursuant to division
(T)(3) of section 3745.11 of the Revised Code,
permit-to-install fees for the installation of exempt non-road engines, as
required under section
3745.11 of the Revised Code, are
hereby waived for any permit-to-install issued for an exempt non-road engine
where the permittee has not yet paid the fee.
(ii)
This exemption
does not apply to non-road engines that emit visible particulate emissions with
opacities greater than twenty per cent as a six-minute average as determined by
USEPA method 9 of 40 CFR Part 60, appendix A.
(rr)
An internal
combustion engine used for locomotion installed in a marine vessel, an
aircraft, a locomotive, a recreational vehicle, a motor vehicle (self-propelled
vehicles designed for transporting persons or property on a street or highway),
a vehicle used solely for competition, or an off-highway
vehicle.
(ss)
A dynamometer operation for fully assembled motor
vehicles. This exemption includes dynamometer operations used as part of final
assembly of new motor vehicles, roll testing of new motor vehicles, testing of
vehicles used solely for competition, testing of motor vehicles for compliance
with emissions standards, motor vehicle maintenance, road testing and repair
dynamometers and other similar fully assembled motor vehicle dynamometer
operations.
(tt)
The one time use of a mobile treatment unit or vacuum
truck in order to contain or prevent further migration of a hazardous material
spill during an emergency response. This exemption shall be effective for
thirty days from the date the mobile treatment unit or vacuum truck is first
put into use unless the owner or operator meets one of the following within the
thirty-day period:
(i)
Applies for a permit-to-install or PTIO in accordance
with rule
3745-31-02 of the Administrative
Code. The exemption shall expire upon final issuance or final denial of the
permit-to-install or PTIO.
(ii)
Submits written
notification, in accordance with paragraph (C)(1)(b) of rule
3745-31-30 of the Administrative
Code, of the applicability of a permit-by-rule in paragraph (C)(2)(d) or
(C)(2)(e) of rule
3745-31-30 of the Administrative
Code. The exemption expires upon receipt of the written notification by the
appropriate Ohio environmental protection agency district office or local air
agency.
(uu)
A tank at a POTW or semi-public disposal system
operating under a valid "National Pollutant Discharge Elimination System"
(NPDES) permit used in the treatment (including recycling and reclamation) of
domestic sewage or industrial waste of a liquid nature. If the director finds
the tank is causing or may cause a public nuisance, in violation of rule
3745-15-07 of the Administrative
Code, an application for a permit-to-install or PTIO shall be submitted in
accordance with rule
3745-31-02 of the Administrative
Code.
(vv)
Powder coating lines that use less than 300.0 tons of
powder coating by weight per year. This exemption includes fully electric
curing ovens or curing ovens with a total heat input of less than ten million
British thermal units per hour burning only natural gas, distillate oil, or
liquid petroleum gas. This exemption does not include any VOC laden clean-up
material.
(ww)
On-site cleaning, stripping and subsequent coating of
outdoor objects and structures such as buildings, bridges, billboards, signs,
water towers, swimming pools, lampposts, fences, railings, monuments, etc. that
are cleaned, stripped, or coated periodically for maintenance purposes,
provided the following apply:
(i)
Dry abrasive blasting operations, if conducted, employ
tarps, enclosures, or other techniques to prevent dust
nuisances.
(ii)
Solid waste and hazardous waste and waste waters
generated by the operations are managed in accordance with applicable
regulations.
(xx)
Construction activities located at a construction site
for a project for which no air pollution permits are required.
(yy)
On-site building
demolition and implosion provided all applicable provisions of Chapter 3745-20
of the Administrative Code for the assessment and removal of any asbestos
containing materials were completed prior to the start of any demolition
activities.
(zz)
Grading, dragging, striping, and other activities to
prepare dirt athletic fields and racetracks for use.
(aaa)
Traffic marking
and striping operations of paved roadways and parking areas, provided the
coatings employed meet the standards for architectural and industrial
maintenance coatings specified in Chapter 3745-113 of the Administrative
Code.
(bbb)
Concrete or masonry waterproofing and sealing, provided
the coatings employed meet the standards for architectural and industrial
maintenance coatings specified in Chapter 3745-113 of the Administrative
Code.
(ccc)
Roof coating and asphalt surface sealing, provided the
coatings employed meet the standards for architectural and industrial
maintenance coatings specified in Chapter 3745-113 of the Administrative
Code.
(ddd)
Diesel fuel storage and dispensing
operations.
(eee)
Outdoor and indoor firing and shooting ranges, provided
indoor ranges comply with all applicable OSHA workplace indoor air quality
standards.
(fff)
Equipment for annealing, heat treating, case hardening,
carburizing, cyaniding, nitriding, carbonitriding, siliconizing or diffusion
treating of metal or glass objects, which are electrically heated or which fire
natural gas or distillate oil at a maximum total heal input rate of less than
ten million British thermal units per hour, and does not involve molten
materials, oil-coated parts or oil quenching.
(ggg)
Heating units
burning used oil, as defined in rule
3745-279-01 of the
Administrative Code, in which the manufacturer's maximum heat input rating is
less than five hundred thousand British thermal units per hour.
(hhh)
Compost piles,
windrows, and associated activities including material receiving, storage,
mixing, curing, turning, and load-out at Class II, III and IV solid waste
composting facilities as defined by rule
3745-560-02 of the
Administrative Code, provided the material is kept sufficiently wet for
effective composting and dust control.
(iii)
Beauty salons,
barber shops, and nail salons.
(jjj)
Roadways and
parking areas (either paved or unpaved) with less than three thousand eight
hundred vehicle miles traveled per year, less than 5.0 tons particulate matter
emissions, and less than
1.45 tons PM10 per
year.
(kkk)
Valve sites and metering and regulating facilities
within the natural gas transmission and downstream distribution pipeline system
that have a potential to emit of less than 5.0 tons of VOC per
year.
(lll)
Temporary portable flares used in conjunction with
on-site repairs, maintenance, or construction/dismantlement of pipelines used
for transmission or downstream distribution of natural gas, butane, or similar
liquified petroleum gas, that are not located at well sites or natural gas
processing facilities, and are operated in accordance with
40 CFR
60.18.
(mmm)
Temporary
fuel-burning equipment (e.g., boilers or engines) used to replace main
fuel-burning equipment during periods of maintenance or repair provided the
actual emissions and hourly potential to emit of the temporary sources do not
exceed that of the replaced sources, the temporary source does not remain at
the location for more than ninety consecutive days, and the owner or operator
has notified the director prior to the sources use. This exemption does not
apply to sources subject to the portable source requirements under paragraph
(B)(1)(p) of this rule.
(nnn)
Breweries of beer and flavored malt beverages,
including packaging and labeling lines, having a production capacity of no
greater than sixty thousand thirty-one-gallon barrels per year.
(ooo)
Portable
sawmills which process no more than eighteen million board feet of green wood
per year, are powered by exempt non-road engines and where wood waste is
mechanically discharged directly to storage piles.
(ppp)
Sand and gravel
storage and handling operations that meet all of the following:
(i)
The material
throughput for the sand storage and handling operations does not exceed five
hundred tons per day, and the total surface area for sand storage piles does
not exceed 4.5 acres.
(ii)
The material throughput for the gravel storage and
handling operations shall not exceed four hundred tons per day, and the total
surface area for sand storage piles shall not exceed 2.0 acres.
(qqq)
Wet
cooling towers, treatment systems for process cooling water or boiler
feedwater, and water tanks, reservoirs, or other water containers designed to
cool, store, or otherwise handle water (including rainwater), and meet all of
the following:
(i)
The water has not been used in direct contact with
gaseous or liquid process streams containing carbon compounds, sulfur
compounds, halogens or halogen compounds, cyanide compounds, chromium-based
corrosion inhibitors, inorganic acids, or acid gases.
(ii)
Is not a forced
or induced draft cooling tower system subject to a national emissions standard
for hazardous air pollutants (NESHAP) requirement.
(iii)
Has a
combination of water flow rate, total dissolved solids concentration, and per
cent drift that yields a particulate matter emission rate no greater than 5.0
tons per year according to the following equation:
Click to
view image
Where:
E = emission rate, tons per
year.
Q = water flow rate, gallons per
miture.
Drift = percentage of water lost to the
atmosphere.
TDS = total dissolved solids, parts per
million.
pH2O = density, pounds per
gallon
(rrr)
Animal crematories that meet all of the
following:
(i)
Only whole animals and bedding and their containers are
incinerated.
(ii)
The animals have not been exposed to an infectious
agent or a zoonotic agent.
(iii)
The crematory
supplies only natural gas, propane, or butane to the burners, and does not
employ liquid accelerants.
(iv)
The burners have
a total heat input capacity no greater than five million British thermal units
per hour.
(v)
The crematory's maximum rated input capacity is no
greater than thirteen hundred pounds per hour of materials.
[Comment: Paragraph (B)(1)(rrr) of this
rule does not relieve the owner or operator of any requirement pertaining to
incineration under Chapter 3745-27, 3745-550, or 3745-570 of the Administrative
Code, including, but not limited to rules 3745-27-02, "Permit to install," and
3745-27-32, "Standards for the operation of infectious waste treatment
facilities" of the Administrative Code, paragraph (C) of rule 3745-27-32,
"Incinerators," paragraph (I)(5) of rule 3745-27-01, "Infectious agent" and
paragraph (Z)(2) of rule 3745-27-01, "Zoonotic agent" of the Administrative
Code (definitions).]
(sss)
Production
electric arc welding operations that use no more than one hundred and sixteen
pounds of electrode per day.
(ttt)
Ultraviolet
(UV) type or corona discharge (CD) type ozone generators with a maximum output
capacity (as specified by the generator manufacturer) not exceeding one hundred
eighty-nine grams of ozone (O3) per hour (g/hr).
(2)
Federal based
exemptions.
The following exemption applies
regardless of the applicability of the national emission standards for
hazardous air pollutants or the new source performance standards.
Cleanup activities associated with the
removal or remedial action conducted entirely on site, where such remedial
action is selected and carried out in compliance with the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) Section 121(e)
and where such action meets all applicable air pollution emission limits and
policies.
(3)
Discretionary exemptions.
(a)
At the director's
discretion, the director may exempt the installation and operation of an air
contaminant source or any other source associated with the clean-up of a spill
or a leaking underground storage tank from the requirements to obtain a
permit-to-install or PTIO.
(b)
At the director's
discretion, the director may exempt the installation and operation of an air
contaminant source from the requirements to obtain a permit-to-install or PTIO
to deal with an emergency situation involving immediate threats to human
health, property or the environment.
(c)
At the director's
discretion, the director may exempt the installation and operation of an air
contaminant source from the requirements to obtain a permit-to-install or PTIO
for the emergency replacement of storage tanks associated with a leaking
underground storage tank for a period not to exceed six months.
(d)
At the director's
discretion, and in writing, the director may exempt the installation and
operation or modification of an air contaminant source from the requirement to
obtain a permit-to-install or PTIO for a period of up to six months for
purposes of research and development of more effective prevention or control of
air pollutant emissions or of more efficient combustion of
coal.
(e)
At the director's discretion, and in writing, the
director may exempt the installation and operation of a temporary source from
the requirement to obtain a permit-to-install or PTIO for a period of up to two
calendar years for the purpose of testing air contaminant emissions so that a
suitable control technology can be ascertained.
(f)
At the director's
discretion, and in writing, the director may exempt the temporary installation,
modification or operation of an air contaminant source from the requirements to
obtain a permit-to-install or PTIO for a period of up to sixty days for the
purpose of evaluating new production feasibility or air quality impacts from
the temporary modification. A request for this exemption shall be made in
writing and shall provide a detailed description of the proposed temporary
modification to the air contaminant source, the time period over which the
modification will occur, any changes in air emissions from the air contaminant
source as a result of the temporary modification, and the ambient impact of the
emissions from the air contaminant source as a result of the temporary
modification. The director may require that performance tests be conducted
during the period of the temporary modification.
(g)
At the director's
discretion, and in writing, the director may exempt any treatability studies or
on-site response actions (cleanup operations) that meet all applicable air
emission limits and policies from the requirement to obtain a permit-to-install
or PTIO. Anyone requesting this exemption shall provide the director with
sufficient information to make this decision.
(4)
De-minimis
exemption.
Air contaminant sources which meet rule
3745-15-05 of the Administrative
Code and section 3704.011 of the Revised Code are
exempt from this chapter.
Replaces: 3745-31-03
Notes
Ohio Admin. Code 3745-31-03
Effective:
3/11/2023
Five Year Review (FYR) Dates:
11/30/2027
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: 07/05/1973, 01/01/1974, 11/07/1979,
06/14/1982, 08/15/1982, 09/18/1987, 08/14/1989, 10/08/1993, 04/20/1994,
06/01/1994, 11/18/1994, 04/12/1996, 04/27/1998, 06/18/2001, 11/30/2001,
10/17/2003, 07/29/2005, 11/03/2006, 12/01/2006, 06/30/2008, 06/07/2010 (Emer.),
08/26/2010, 05/01/2016