[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 (LLLLLL)
(AA) of rule
3745-31-01 of the Administrative
Code titled, "referenced materials."]
(A) Permit-to-install or PTIO
.
The director shall issue a permit-to-install or PTIO, on the
basis of the information appearing in the application, or information gathered
by or furnished to the Ohio environmental protection agency, or both, if the
director determines that the installation, modification or operation of the air
contaminant source will do all of the following:
(1) Not prevent or interfere with the
attainment or maintenance of applicable ambient air quality
standards.
(2) Not result in a
violation of any applicable laws, including but not limited to the following:
(a) Emission standards adopted by the Ohio
environmental protection agency.
(b) Federal standards of performance for new
stationary sources adopted by the administrator of the United States
environmental protection agency pursuant to Section 111 of the Clean Air Act
and the regulations promulgated thereunder.
(c) Requirements pertaining to installation
of major stationary sources or major modifications in attainment and
nonattainment areas as contained in rules
3745-31-10 to
3745-31-27 of the Administrative
Code.
(d) National emission
standards for hazardous air pollutants adopted by the administrator of the
United States environmental protection agency pursuant to Section 112 of the
Clean Air Act and the regulations promulgated thereunder (including
40 CFR part
61 and
40 CFR part
63).
(3) Employ BAT, when applicable, in
accordance with the following:
(a) BAT shall
be evaluated, determined and required in either the initial permit-to-install
or PTIO issued for an air contaminant source or when a modification of the air
contaminant source results in the issuance of a permit-to-install or PTIO,
except the following:
(i) BAT is not required
if the air contaminant source was installed before January 1, 1974
, and has not been modified on or after January 1,
1974.
(ii) BAT is not
required if the air contaminant source was installed or modified on or after
August 3, 2006 and has the potential to emit, taking into account air pollution
controls installed on the source, less than ten tons per year of emissions of
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.
(iii) If the only requirement
to obtain a permit-to-install or PTIO is due to one of the following, any
existing BAT determination, when applicable, remains in effect and BAT shall
not be reevaluated and redetermined:
(a) A
modification as a result of the requirements of paragraph
(QQQ)(1)(b)
(M)(10)(a)(ii) of rule
3745-31-01 of the Administrative
Code.
(b) The requirements of
paragraph (F) of this rule.
(c) An
administrative modification.
(iv) BAT is not required for any existing,
new, or modified air contaminant source that is subject to a plant-wide
applicability limit that has been approved by the director.
(b) For air contaminant sources
subject to an existing BAT determination, BAT shall be reevaluated and
redetermined when a modification of the air contaminant source
occurs.
(c) Except as provided in
paragraph (A)(3)(b) of this rule, BAT shall not be reevaluated and redetermined
when a PTIO is renewed, notwithstanding a modification as defined in rule
3745-31-01 of the Administrative
Code. However, any existing BAT determination remains in effect.
(d) BAT may be reevaluated and redetermined
at any time, in accordance with the definition of BAT contained in rule
3745-31-01 of the Administrative
Code, based on data available at the time the air contaminant source was
initially installed or most recently modified, whichever occurs
later.
(e) Any reevaluated and
redetermined BAT shall be in effect upon completion of the physical change or
change in the method of operation or, when a physical change for change in the
method of operation is not applicable, upon issuance of the permit-to-install
or PTIO. Prior to completion of the physical change or change in the method of
operation or issuance of the permit-to-install or PTIO, any existing BAT
determination remains in effect.
(f) When applicable in accordance with this
rule, if any of the following apply to the air contaminant source, then the
director shall determine BAT to be, at a minimum, equivalent to the limit
contained within the applicable rule:
(i)
Paragraphs (C) to (J), (K) with the exception of (K)(4), (L) to (N), (O) with
the exception of (O)(2)(e), (P) to (R), (U) with the exception of (U)(2)(k) and
(U)(2)(l), (V) to (X), (Y) with the exception of (Y)(2)(d) and (Y)(3), (Z) to
(EE), and (DDD) of rule
3745-21-09 of the Administrative
Code as the rule existed on January 1, 2006 as required in division (T) of
section
3704.03 of the Revised
Code.
(ii) Rules
3745-21-11 to
3745-21-16 of the Administrative
Code as the rules existed on January 1, 2006 as required in division (T) of
section
3704.03 of the Revised Code.
This determination shall be made on a pollutant by pollutant
basis.
(g) If the
only reason the rules contained in paragraphs (A)(3)(f)(i) to (A)(3)(f)(ii) of
this rule do not apply is because the air contaminant source is located in a
non-applicable county under the rules contained in paragraphs (A)(3)(f)(i) to
(A)(3)(f)(ii) of this rule, then the director shall determine BAT to be
equivalent to the most stringent limit contained within the applicable rule
regardless of the air contaminant source's location. This determination shall
be made on a pollutant by pollutant basis.
(B) During operation, the air contaminant
source shall be in compliance with applicable rules and laws or if either
required by rule or when the director determines it is necessary, the owner or
operator shall be required to submit an approvable compliance plan, as required
by division (G) of section
3704.03 of the Revised Code, for
incorporation into the permit terms and conditions. A compliance plan shall be
approvable where it shows the following to the satisfaction of the director:
(1) Operation of the air contaminant source
under the compliance plan will result in compliance with all applicable
requirements and laws as expeditiously as practicable but no later than any
date required by applicable law.
(2) All reasonable interim control measures
are identified.
(3) Where
applicable, is consistent with and at least as stringent as any compliance
schedule contained in any judicial consent decree or administrative order to
which the air contaminant source is subject.
(C) Conditional PTIOs.
If a new source that has been constructed, installed, located
or modified in accordance with the provisions of a permit-to-install or PTIO,
and otherwise in accordance with applicable law, is not subject to Chapter
3745-77 of the Administrative Code, is unable to comply with the terms and
conditions of the permit or applicable law as of the date the source began
operation, the director may grant a conditional PTIO to operate such source
provided the owner or operator provides sufficient information to demonstrate
the following:
(1) The period is used
to remedy any defect which prevents such compliance and the applicant
demonstrates that compliance with emission standards prescribed by applicable
law will be achieved as expeditiously as practicable.
(2) Any reasonably available alternative
operating procedures and interim control measures have been used or will be
used to reduce excess emissions.
(3) The continued operation of the source
pursuant to the conditional PTIO will not endanger or threaten to endanger
human health.
Conditional PTIOs shall contain such terms and conditions as
the Ohio environmental protection agency determines necessary and
appropriate.
(D)
Special terms and conditions including federally enforceable limitations on
potential to emit.
The director may impose such special terms and conditions as
are appropriate or necessary to ensure compliance with the applicable laws and
to ensure adequate protection of environmental quality.
(1) Special terms and conditions necessary to
ensure compliance with requirements mandated by the Clean Air Act, which
include regulations promulgated by the administrator there under, include
synthetic minor emissions unit terms and conditions issued in a
permit-to-install or PTIO or Federally Enforceable PTIO (FEPTIO). Such terms
and conditions shall be federally enforceable and may restrict a stationary
source's potential to emit below major source thresholds, below thresholds for
other Clean Air Act requirements, or place other restrictions on an air
contaminant source or stationary source in order to avoid a Clean Air Act
requirement. Federally enforceable terms and conditions, including limitations
on the potential to emit of a source, shall be designated as such through one
of the following:
(a) Terms and conditions of
a final permit-to-install issued under this chapter.
(b) Terms and conditions of a final FEPTIO
issued under this chapter.
[Comment: In 59 FR 53586, October 25, 1994, (as revised in 60
FR 55200, October 30, 1995), the United States environmental protection agency
approved rule language providing for the creation of a program for issuing
federally enforceable state operating permits. See former rule
3745-35-07 of the Administrative
Code as existed on November 3, 2006. That approved rule language has been
incorporated in paragraphs (D)(1) to (D)(4) of this rule. Consequently, such
designated terms and conditions imposed in an FEPTIO under the approved program
elements contained in the language of paragraphs (D)(1) to (D)(4) of this rule
will be considered federally enforceable as of the effective date of this rule,
unless and until the United States environmental protection agency later
disapproves the language.]
(c) Rules or orders of the director that are
submitted to and approved by the administrator as revisions to the Ohio state
implementation plan under section 110 and 112(l) of the Clean Air
Act.
(2) In order to be
federally enforceable, a limitation on the potential to emit of an air
contaminant source or stationary source shall do the following:
(a) Specify an annual limit on emissions from
the source.
(b) Specify a
short-term limit on emissions for each pollutant to be restricted, and specify
a short-term limit on production or operation, provided that for purposes of
limiting potential to emit, acceptable short-term limitations on production or
operation shall include but not be limited to one of the following:
(i) A thirty-day summation limitation or
three-hundred and sixty-five day rolling summation limitation computed each
calendar day.
(ii) A monthly
limitation.
(iii) A rolling
twelve-month summation limitation.
(c) Specify adequate and enforceable methods
for establishing compliance with the annual and short-term limits, using
methods from 40 CFR part
60, appendix A or 40 CFR part
51, appendix M where
appropriate.
(d) Be no less
stringent than any federally applicable requirement to which the source is
subject.
(e) Be contained in a
permit first issued as a draft or proposed action with an opportunity for
public comment under rule
3745-49-05 of the Administrative
Code with concurrent notice and opportunity for comment given to the
administrator of the United States environmental protection agency region five.
During the public comment period, if the administrator objects that the terms
and conditions of the permit are not federally enforceable, the director shall
not issue the permit until such objection has been resolved.
(3) Only those terms and
conditions issued in a permit under this chapter and in accordance with
paragraph (D)(2) of this rule that are necessary to avoid a Clean Air Act
requirement, including a limitation on the potential to emit of an air
contaminant source or stationary source, and expressly designated as federally
enforceable, shall be federally enforceable.
(4) Upon the request of the owner or
operator, any of the mechanisms provided in paragraph (D)(1) of this rule shall
allow for trading of emissions increases and decreases among air contaminant
sources located at the same stationary source that is consistent with the Clean
Air Act for the purpose of complying with a federally enforceable cap on the
potential to emit of the source. Such limitations shall ensure that the trades
are quantifiable and enforceable and require seven-day advance notification to
the appropriate Ohio environmental protection agency district office or
delegated local air agency.
(5)
Relaxation of federally enforceable limitations.
At such time that a particular stationary source or
modification becomes a major stationary source or major modification solely by
virtue of a relaxation in any federally enforceable term and condition or
limitation established after August 7, 1980, on the capacity of the stationary
source or modification otherwise to emit an air pollutant, such as a
restriction on hours of operation, rules
3745-31-10 to
3745-31-27 and
3745-31-32 of the Administrative
Code shall apply to the stationary source or modification as though
construction had not yet commenced on the stationary source or
modification.
(E)
State-only enforceable limitations.
The director may impose terms and conditions necessary to
ensure compliance with any provisions of the statutes or regulations of the
state of Ohio that are not mandated by the Clean Air Act or regulations adopted
by the administrator thereunder, but such terms and conditions shall be
enforceable as state law only, and shall be designated as such in the
permit-to-install, PTIO or FEPTIO.
(F) Voluntary limits on allowable emissions.
The owner or operator of any air contaminant source may apply
for a permit-to-install or PTIO to voluntarily limit the allowable emissions
from the air contaminant source or limit the type of air contaminants
authorized to be emitted from the air contaminant source. In such cases, the
director may impose such special terms and conditions to ensure compliance with
the voluntary limit on allowable emissions. The director shall act upon such
application in accordance with the requirements of this rule, provided that
paragraphs (A)(3) and (I) of this rule shall not apply unless the application
is for the installation of a new source as defined in rule
3745-31-01 of the Administrative
Code or is for a modification of an air contaminant source as defined in rule
3745-31-01 of the Administrative
Code.
(G) Express
permit-to-install or express PTIO processing.
(1) An applicant whose air contaminant source
meets the following criteria may request in writing that the air contaminant
source's application receives express permit-to-install or express PTIO
processing as defined in rule
3745-31-01 of the Administrative
Code. In order to be considered for express processing, the air contaminant
source owner or operator shall do the following:
(a) Apply for a permit-to-install or a PTIO
for a source undergoing installation or modification as defined in rule
3745-31-01 of the Administrative
Code.
(b) Submit a complete
permit-to-install or PTIO application.
(c) Demonstrate compliance with all
applicable law.
(d) Have maximum
uncontrolled emissions as defined in rule
3745-31-01 of the Administrative
Code of less than five tons per pollutant per each year for particulate matter,
sulfur dioxide, nitrogen oxides, and OCs.
(e) Not be subject to the United States
environmental protection agency new source performance standards.
(f) Not be subject to the national emission
standards for hazardous air pollutants or a United States environmental
protection agency promulgated standard for HAPs.
(2) The issuance of an express
permit-to-install or express PTIO does not relieve the applicant from
compliance with any applicable air pollution control requirement and is at the
discretion of the director.
(H) In deciding whether to grant or deny a
permit-to-install or PTIO, the director may take into consideration the social
and economic impact of the air contaminants, water pollutants, or other adverse
environmental impact that may be a consequence of issuance of the
permit-to-install or PTIO.
(I) The
director shall coordinate the review and issuance of an air pollution
permit-to-install or PTIO with any other relevant Ohio environmental protection
agency permit-to-install program. This coordination of an individual
permit-to-install or PTIO shall involve the identification of materials to
relevant programs and the coordination of the granting or denying of program
separate or program combined permit-to-installs or PTIOs. A coordinated review
and issuance of an air pollution permit-to-install or PTIO for an air
contaminant source is typically needed for the following types of air
contaminant sources and would be coordinated with the following divisions:
|
Air Contaminant Source Type
|
DMWM
|
DSW
|
DDAGW
|
DERR
|
|
Composting Facility
|
X
|
X
|
X
|
|
Degreasing/Cold Cleaning
|
X
|
X
|
X
|
|
Dry Cleaning
|
X
|
X
|
X
|
|
Gasoline Dispensing Facility
|
X
|
X
|
X
|
|
Infectious Waste Facility
|
X
|
X
|
|
Liquid Material Storage Tanks
|
X
|
X
|
X
|
X
|
|
Loading Rack
|
X
|
X
|
X
|
|
Painting Operations
|
X
|
X
|
X
|
|
Printing Operations
|
X
|
X
|
X
|
|
Sanitary Landfill
|
X
|
X
|
X
|
|
Solid Waste Incinerator
|
X
|
X
|
|
Solid Waste Transfer Facility
|
X
|
X
|
X
|
|
Sources with Baghouses
|
X
|
X
|
|
Sources with Electrostatic
Precipitators
|
X
|
X
|
|
Sources with Scrubbers
|
X
|
X
|
X
|
|
Hazardous Waste Management Unit
|
X
|
X
|
X
|
X
|
|
Hazardous Waste Recycling Facility
|
X
|
X
|
X
|
X
|
DMWM - division of materials and waste management; DSW -
division of surface water; DDAGW - division of drinking and ground waters; DERR - division of environmental response and
revitalization
The director may consult with other Ohio environmental
protection agency programs or other persons as the director deems
appropriate.
Notes
Ohio Admin. Code
3745-31-05
Effective:
3/11/2023
Five Year Review (FYR) Dates:
11/30/2022 and
11/30/2027
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F),
3704.03(G),
3704.03(T)
Rule Amplifies:
3704.03(T),
3704.03(G),
3704.03(F),
3704.03(A)
Prior Effective Dates: 07/05/1973, 01/01/1974, 12/07/1978,
11/07/1979, 06/14/1982, 08/15/1982, 09/18/1987, 11/17/1988 (Emer.), 03/09/1989
(Emer.), 06/12/1989, 10/08/1993, 04/20/1994, 10/31/1994, 11/18/1994,
04/12/1996, 04/27/1998, 06/18/2001, 11/30/2001, 10/17/2003, 10/28/2004,
11/03/2006, 12/01/2006, 06/30/2008,
05/01/2016
