[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 entitled, "referenced materials."]
(A) Applicability.
This rule applies only to major stationary sources or major
modification that will be located in an area designated in
40 CFR
81.336 as attainment or unclassifiable if the
emissions from the major stationary source or major modification would exceed
the following significance levels at any locality that does not meet the
national ambient air quality standard:
|
Averaging Time (Hours)
|
|
Air Pollutant
|
Annual
|
24
|
8
|
3
|
1
|
|
Sulfur dioxide
|
1.0
µg/m3
|
5.0
µg/m3
|
--------
|
25µg/m3
|
--------
|
|
PM10
|
1.0
µg/m3
|
5.0
µg/m3
|
--------
|
--------
|
--------
|
|
PM
2.5
|
0.3
µg/m3
|
1.2
µg/m3
|
--------
|
--------
|
--------
|
|
Nitrogen dioxide
|
1.0
µg/m3
|
--------
|
--------
|
--------
|
10µg/m3
|
|
Carbon monoxide
|
--------
|
--------
|
500µg/m3
|
--------
|
2mg/m3
|
(B)
Requirements and exemptions.
Major stationary sources or major modifications to which this
section applies shall meet the LAER under paragraph (A)(1) of rule
3745-31-22 of the Administrative
Code, the compliance certification under paragraph (A)(2) of rule
3745-31-22 of the Administrative
Code, and the net air quality benefit under paragraph (A)(4) of rule
3745-31-22 of the Administrative
Code. However, such major stationary sources or major modifications are exempt
from the offset requirements under paragraph (A)(3) of rule
3745-31-22 of the Administrative
Code.
(C) Review of
specified major stationary sources for air quality impact.
(1) For sulfur dioxide, particulate matter,
PM10, PM 2.5 and carbon monoxide, the
determination of whether a major stationary source or major modification will
cause or contribute to a violation of a national ambient air quality standard
is be made on a case-by-case basis using the major stationary source's
allowable emissions in an atmospheric dispersion model.
(2) For major stationary sources of nitrogen
oxides, the initial determination of whether a major stationary source would
cause or contribute to a violation of the national ambient air quality standard
for nitrogen dioxide will be made using an atmospheric model assuming all the
nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume
reaches ground level. The initial concentration estimates may be adjusted if
adequate data are available to account for the expected oxidation
rate.
(3) For ozone, major
stationary sources of VOCs, locating outside a designated ozone nonattainment
area, will be presumed to have no significant impact on the designated
nonattainment area. If ambient monitoring indicates that the area of major
stationary source location is in fact nonattainment, then the major stationary
source may be permitted under the provisions of the Ohio state implementation
plan adopted pursuant to Section 110(A)(2)(d) of the Clean Air Act until the
area is designated nonattainment and the Ohio state implementation plan
revision is approved. If no Ohio state implementation plan pursuant to Section
110(A)(2)(d) of the Clean Air Act has been adopted and approved, then this rule
shall apply.
(4) The determination
as to whether a major stationary source would cause or contribute to a
violation of a national ambient air quality standard should be made as of the
new stationary source's start-up date. Therefore, if a designated nonattaiment
area is projected to be an attainment area as part of an approved Ohio state
implementation plan control strategy by the new stationary source start-up
date, offsets will not be required if the new stationary source would not cause
a new violation.
(D)
Major stationary sources located in clean air areas.
If the director finds that the emissions from a proposed major
stationary source would cause a new violation of a national ambient air quality
standards, but would not contribute to an existing violation, approval may be
granted only if both of the following conditions are met:
(1)
(a) The
major stationary source is required to meet a more stringent emission
limitation
and/or
or the control of existing stationary sources below
allowable levels is required so that the
major stationary source will not cause
a violation of any national ambient air quality standard.
(b) If the director determines that
technological or economic limitations on the application of measurement
methodology to a particular class of major stationary sources would make the
imposition of an enforceable numerical emission standard infeasible, the
director may instead prescribe a design, operational, or equipment standard.
Any permits issued without an enforceable numerical emission standard
must
shall
contain enforceable conditions which assure that the design characteristics or
equipment will be properly maintained (or that the operational conditions will
be properly performed) so as to continuously achieve the assumed degree of
control. Such conditions shall be enforceable as emission limitations by
private parties under Section 304 of the
Clean Air Act. Thereafter, the term
emission limitation shall also include such design, operational, or equipment
standards.
(2) The new
emission limitations for the
major stationary source as well as any existing
stationary sources affected
must
shall be
federally enforceable.
Notes
Ohio Admin. Code 3745-31-23
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)
Rule Amplifies:
3704.03(A),
3704.03(F)
Prior Effective Dates: 04/12/1996, 12/01/2006,
05/29/2014
