Ohio Admin. Code 3745-31-32 - Plantwide applicability limit (PAL)
[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)
Actuals PAL requirements.
All PALs issued under this rule shall meet all applicable provisions in this rule.
(A)
Applicability.
(1) The director may approve
the use of an actuals PAL for any existing major stationary source (except as
provided in paragraph (A)(2) of this rule) if the PAL meets the requirements in
this rule. The term PAL shall mean
means actuals PAL throughout this rule.
(2) The director shall not allow an actuals
PAL for VOC or nitrogen oxides for any major stationary source located in an
extreme ozone nonattainment area.
(3) Any physical change in or change in the
method of operation of a major stationary source that maintains its total
source-wide emissions below the PAL level, meets the requirements in this rule,
and complies with the PAL permit:
(a) Is not a
major modification for the PAL pollutant.
(b) Does not have to be approved through the
nonattainment or PSD program.
(c)
Is not subject to the provisions in paragraph (D)(5) of rule
3745-31-05 of the Administrative
Code (restrictions on relaxing enforceable emission limitations that the major
stationary source used to avoid applicability of the nonattainment or PSD
program).
(4)
Except as provided under paragraph (A)(3)(c) of this
rule, a
A major stationary source shall
continue to comply with all applicable federal or state requirements, emission
limitations, and work practice requirements that were established prior to the
effective date of the PAL except for the
following:
.
(a)
Emission
limitations described in paragraph (A)(3)(c) of this rule.
(b)
Best available
technology requirements specified in paragraph (A)(3) of rule
3745-31-05 of the Administrative
Code.
(B)
Permit application requirements.
As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the director for approval:
(1) A list
of all emissions units at the source designated as PAL small emissions unit,
PAL significant emissions unit or PAL major emissions unit based on their
potential to emit. In addition, the owner or operator of the source shall
indicate which, if any, federal or state applicable requirements, emission
limitations or work practices apply to each unit.
(2) Calculations of the baseline actual
emissions (with supporting documentation). Baseline actual emissions are to
include emissions associated not only with operation of the unit, but also
emissions associated with startup, shutdown and malfunction.
(3) The calculation procedures that the major
stationary source owner or operator proposes to use to convert the monitoring
system data to monthly emissions and annual emissions based on a twelve-month
rolling total for each month as required by paragraph (L)(1) of this
rule.
(C) General
requirements for establishing PALs.
(1) The
requirements under this paragraph, at a minimum, shall be met for each PAL at a
major stationary source:
(a) The PAL shall
impose an annual emission limitation in tons per year, which is enforceable as
a practical matter, for the entire major stationary source. For each month
during the PAL effective period after the first twelve months of establishing a
PAL, the major stationary source owner or operator shall show that the sum of
the monthly emissions from each emissions unit under the PAL for the previous
twelve consecutive months is less than the PAL (a twelve-month average, rolled
monthly). For each month during the first eleven months from the PAL effective
date, the major stationary source owner or operator shall show that the sum of
the preceding monthly emissions from the PAL effective date for each emissions
unit under the PAL is less than the PAL.
(b) The PAL shall be established in a PAL
permit that meets the requirements in paragraph (D) of this rule.
(c) The PAL permit shall contain all the
requirements of paragraph (F) of this rule.
(d) The PAL shall include fugitive emissions,
to the extent quantifiable, from all emissions units that emit or have the
potential to emit the PAL pollutant at the major stationary source.
(e) Each PAL shall regulate emissions of only
one pollutant.
(f) Each PAL shall
have a PAL effective period of ten years.
(g) The owner or operator of the major
stationary source with a PAL shall comply with the monitoring, recordkeeping,
and reporting requirements provided in paragraphs (K) to (M) of this rule for
each emissions unit under the PAL through the PAL effective period.
(2) At no time (during or after
the PAL effective period) are emission reductions of a PAL pollutant, which
occur during the PAL effective period, creditable as decreases for purposes of
offsets under rule
3745-31-22 of the Administrative
Code unless the level of the PAL is reduced by the amount of such emission
reductions and such reductions would be creditable in the absence of the
PAL.
(D) PAL permit
issuance requirements.
(1) The director shall
issue all typographical/calculation error reopenings (as described in paragraph
(G)(2)(a) of this rule) to PAL permits as either draft actions before any final
actions, or final actions, as described in Chapter 3745-49 of the
Administrative Code.
(2) The
director shall issue all PAL permits not otherwise described in paragraph
(D)(1) of this rule as draft actions before any final actions, as described in
Chapter 3745-49 of the Administrative Code.
(E) Setting the ten-year actuals PAL level.
(1) Except as provide
provided in
paragraph (E)(2) of this rule, the actuals PAL level for a major stationary
source shall be established as the sum of the baseline actual emissions of the
PAL pollutant for each emissions unit at the source; plus an amount equal to
the applicable significant level for the PAL pollutant under rule
3745-31-01 of the Administrative
Code or under the Clean Air Act, whichever is lower. When establishing the
actuals PAL level, for a PAL pollutant, only one consecutive twenty-four-month
period must
shall be used to determine the baseline actual
emissions for all existing emissions units. However, a different consecutive
twenty-four-month period may be used for each different PAL pollutant.
Emissions associated with emissions units that were permanently shutdown after
this twenty-four-month period must
shall be subtracted from the PAL level. Emissions
from emissions units on which actual construction began after the
twenty-four-month period must
shall be added to the PAL level in an amount
equal to the potential to emit of the units. The director shall specify a
reduced PAL level, in tons per year, in the PAL permit to become effective on
the future compliance date of any applicable federal or state regulatory
requirement that the director is aware of prior to issuance of the PAL permit.
For instance, if the source owner or operator will be required to reduce
emissions from industrial boilers in half from baseline emissions of sixty
parts per million nitrogen oxides to a new rule limit of thirty parts per
million, then the PAL permit shall contain a future effective PAL level that is
equal to the current PAL level reduced by half of the original baseline
emissions of such emissions unit.
(2) For newly constructed emissions units,
which do not include modifications to existing emissions units, on which actual
construction began after the twenty-four-month period, in lieu of adding the
baseline actual emissions as specified in paragraph (E)(1) of this rule, the
emissions must
shall be added to the PAL level in an amount equal to
the potential to emit of the emissions units.
(F) Contents of the PAL permit.
The PAL permit shall contain, at a minimum, the following information:
(1) The PAL pollutant and
the applicable source-wide emission limitation in tons per year.
(2) The PAL permit effective date and the
expiration date of the PAL (PAL effective period).
(3) Specification in the PAL permit that if a
major stationary source owner or operator applies to renew a PAL in accordance
with paragraph (I) of this rule before the end of the PAL effective period,
then the PAL shall not expire at the end of the PAL effective period. It shall
and remain
in effect until a revised PAL permit is issued by the director.
(4) A requirement that emission calculations
for compliance purposes include emissions from startups, shutdowns and
malfunctions.
(5) A requirement
that, once the PAL expires, the major stationary source is subject to the
requirements of paragraph (H) of this rule.
(6) The calculation procedures that the major
stationary source owner or operator shall use to convert the monitoring system
data to monthly emissions and annual emissions based on a twelve-month rolling
total for each month as required by paragraph (L)(1) of this rule.
(7) A requirement that the major stationary
source owner or operator monitor all emissions units in accordance with the
provisions under paragraph (K) of this rule.
(8) A requirement to retain the records
required under paragraph (L) of this rule on site. Such records may be retained
in an electronic format.
(9) A
requirement to submit the reports required under paragraph (M) of this rule by
the required deadlines.
(10) Any
other requirements that the director deems necessary to implement and enforce
the PAL.
(G) PAL
effective period and reopening of the PAL permit.
(1) PAL effective period.
A PAL shall have an effective period of ten years.
(2) Reopening of the PAL permit.
(a) During the PAL effective period, the
director shall reopen the PAL permit to:
(i)
Correct typographical/calculation errors made in setting the PAL or reflect a
more accurate determination of emissions used to establish the PAL.
(ii) Reduce the PAL if the owner or operator
of the major stationary source creates creditable emission reductions for use
as offsets under rule
3745-31-22 of the Administrative
Code.
(iii) Revise the PAL to
reflect an increase in the PAL as provided under paragraph (A)(10) of this
rule.
(b) The director
may reopen the PAL permit for the following:
(i) Reduce the PAL to reflect newly
applicable federal requirements (for example, new source performance standards)
with compliance dates after the PAL effective date.
(ii) Reduce the PAL consistent with any other
requirement, that is enforceable as a practical matter, and that the director
may impose on the major stationary source.
(iii) Reduce the PAL if the director
determines that a reduction is necessary to avoid causing or contributing to a
national ambient air quality standard or PSD increment violation, or to an
adverse impact on an air quality related value (AQRV) that has been identified
for a federal Class I area by a federal land manager and for which information
is available to the general public.
(c) Except for the permit reopening in
paragraph (G)(2)(a)(i) of this rule for the correction of
typographical/calculation errors that do not increase the PAL level, all other
reopenings shall be carried out in accordance with the public participation
requirements of paragraph (D) of this rule.
(H) Expiration of a PAL.
Any PAL that is not renewed in accordance with the procedures
in paragraph (I) of this rule shall expire at the end of the PAL effective
period, and the following shall
apply.
(1) Each
emissions unit (or each group of emissions units) that existed under the PAL
shall comply with an allowable emission limitation under a revised permit
established according to the following.
(a)
Within the time frame specified for PAL renewals in paragraph (I)(2) of this
rule, the major stationary source shall submit a proposed allowable emission
limitation for each emissions unit (or each group of emissions units, if such a
distribution is more appropriate as decided by the director) by distributing
the PAL allowable emissions for the major stationary source among each of the
emissions units that existed under the PAL. If the PAL had not yet been
adjusted for an applicable requirement that became effective during the PAL
effective period, as required under paragraph (I)(5) of this rule, such
distribution shall be made as if the PAL had been adjusted.
(b) The director shall decide whether and how
the PAL allowable emissions will be distributed and issue a revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as the director determines is appropriate.
(2) Each emissions unit shall
comply with the allowable emission limitation on a twelve-month rolling basis.
The director may approve the use of monitoring systems (source testing,
emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate
compliance with the allowable emission limitation.
(3) Until the director issues the revised
permit incorporating allowable limits for each emissions unit, or each group of
emissions units, as required under paragraph (H)(1)(a) of this rule, the source
shall continue to comply with a source-wide, multi-unit emissions cap
equivalent to the level of the PAL emission limitation.
(4) Any physical change or change in the
method of operation at the major stationary source will be subject to the
nonattainment or a major NSR requirements
if such change meets the definition of PAL major modification.
(5) The major stationary source owner or
operator shall continue to comply with any state or federal applicable
requirements (BACT, reasonably available control technology (RACT), new source
performance standard (NSPS), LAER etc.) that may have applied either during the
PAL effective period or prior to the PAL effective period except for those
emission limitations that had been established pursuant to paragraph (E) of
rule 3745-31-05 of the Administrative
Code, but were eliminated by the PAL in accordance with the provisions in
paragraph (A)(3)(c) of this rule.
(I) Renewal of a PAL.
(1) The director shall follow the procedures
specified in paragraph (D) of this rule in approving any request to renew a PAL
for a major stationary source, and shall provide both the proposed PAL level
and a written rationale for the proposed PAL level to the public for review and
comment. During such public review, any person may propose a PAL level for the
source for consideration by the director.
(2) Application deadline.
A major stationary source owner or operator shall submit a timely application to the director to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than eighteen months from, the date of PAL permit expiration. This deadline for application submittal is to ensure that the PAL permit will not expire before the PAL permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised PAL permit with the renewed PAL is issued.
(3) Application requirements.
The application to renew a PAL permit shall contain the following information:
(a) The
information required under paragraph (B) of this rule.
(b) A proposed PAL level.
(c) The sum of the potential to emit of all
emissions units under the PAL (with supporting documentation).
(d) Any other information the owner or
operator wishes the director to consider in determining the appropriate level
for renewing the PAL.
(4)
PAL adjustment.
In determining whether and how to adjust the PAL, the director shall consider the following options:
(a) If the emissions level calculated in
accordance with paragraph (E) of this rule is equal to or greater than eighty
per cent of the PAL level, the director may renew the PAL at the same level
without considering the factors set forth in paragraph (I)(4)(b) of this
rule.
(b) The director may set the
PAL at a level that he/she
the director determines to be more representative of
the source's baseline actual emissions, or that he/she
the director
determines to be appropriate considering air quality needs, advances in control
technology, anticipated economic growth in the area, desire to reward or
encourage the source's voluntary emission reductions, or other factors as
specifically identified by the director in a written rationale.
(c) In no case may any such adjustment fail
to comply with the following:
(i) If the
potential to emit of the major stationary source is less than the PAL, the
director shall adjust the PAL to a level no greater than the potential to emit
of the source.
(ii) The director
shall not approve a renewed PAL level higher than the current PAL, unless the
major stationary source has complied with the provisions of paragraph (J) of
this rule.
(5)
If the compliance date for a state or federal requirement that applies to the
PAL source occurs during the PAL effective period, and if the director has not
already adjusted for such requirement, the PAL shall be adjusted at the time of
PAL permit renewal or Title V permit renewal, whichever occurs
first.
(J) Increasing a
PAL during the PAL effective period.
(1) The
director may increase a PAL emission limitation only if the major stationary
source complies with the following:
(a) The
owner or operator of the major stationary source shall submit a complete
application to request an increase in the PAL limit for a PAL major
modification. Such application shall identify the emissions unit contributing
to the increase in emissions so as to cause the major stationary source's
emissions to equal or exceed its PAL.
(b) As part of this application, the major
stationary source owner or operator shall demonstrate that the sum of the
baseline actual emissions of the PAL small emissions units, plus the sum of the
baseline actual emissions of the PAL significant and PAL major emissions units
assuming application of BACT equivalent controls, plus the sum of the PAL
allowable emissions of the new or modified emissions unit exceeds the PAL. The
level of control that would result from BACT equivalent controls on each PAL
significant or PAL major emissions unit shall be determined by conducting a new
BACT analysis at the time the application is submitted, unless the emissions
unit is currently required to comply with a BACT or LAER requirement that was
established within the preceding ten years. In such a case, the assumed control
level for that emissions unit shall be equal to the level of BACT or LAER with
which that emissions unit must
is currently required to
comply.
(c) The owner or operator
obtains a nonattainment NSR permit or PSD permit for all
any emissions
unit identified in paragraph (J)(1)(a) of this rule, regardless of the
magnitude of the emissions increase resulting from them, that is, no
significant levels apply. These
The emissions unit shall comply with any emissions
requirements
requirement resulting from the major NSR program
process, for example, LAER/BACT, even though they
have
the emissions unit has also become
subject to the PAL or continue
continues to be subject to the PAL.
(d) The PAL permit shall require that the
increased PAL level shall be effective on the day any emissions unit that is
part of the PAL major modification becomes operational and begins to emit the
PAL pollutant.
(2) The
director shall calculate the new PAL as the sum of the PAL allowable emissions
for each modified or new emissions unit, plus the sum of the baseline actual
emissions of the PAL significant and PAL major emissions units (assuming
application of BACT equivalent controls as determined in accordance with
paragraph (J)(1)(b) of this rule, plus the sum of the baseline actual emissions
of the PAL small emissions units.
(3) The PAL permit shall be revised to
reflect the increased PAL level pursuant to the public notice requirements of
paragraph (D) of this rule.
(K) Monitoring requirements for PALs.
(1) General requirements.
(a) Each PAL permit
must
shall
contain enforceable requirements for the monitoring system that accurately
determines plantwide emissions of the PAL pollutant in terms of mass per unit
of time. Any monitoring system authorized for use in the PAL permit
must
shall be
based on sound science and meet generally acceptable scientific procedures for
data quality and manipulation. Additionally, the information generated by such
system must
shall meet minimum legal requirements for
admissibility in a judicial proceeding to enforce the PAL permit.
(b) The PAL monitoring system
must
shall
employ one or more of the four general monitoring approaches meeting the
minimum requirements set forth under paragraph (K)(2) of this rule and
must be approved by the director.
(c) Notwithstanding paragraph (K)(1)(b) of
this rule, you
the
PAL permit may also employ an alternative monitoring approach that meets
paragraph (K)(1)(a) of this rule if approved by the director.
(d) Failure to use a monitoring system that
meets the requirements of this rule renders the PAL invalid.
(2) Minimum performance
requirements for approved monitoring approaches.
The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements under paragraph (K)(3) of this rule:
(a) Mass balance
calculations for activities using coatings or solvents.
(b) CEMS.
(c) CPMS or PEMS.
(d) Emission factors.
(3) Mass balance calculations.
An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following:
(a) Provide a
demonstrated means of validating the published content of the PAL pollutant
that is contained in or created by all materials used in or at the emissions
unit.
(b) Assume that the emissions
unit emits all of the PAL pollutant that is contained in or created by any raw
material or fuel used in or at the emissions unit, if it cannot otherwise be
accounted for in the process.
(c)
Where the vendor of a material or fuel, which is used in or at the emissions
unit, publishes a range of pollutant content from such material, the owner or
operator must
shall use the highest value of the range to calculate
the PAL pollutant emissions unless the director determines there is
sitespecific data or a site-specific monitoring program to support another
content within the range.
(4) CEMS.
An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following:
(a) CEMS must
shall comply
with applicable performance specifications found in 40 CFR Part 60, Appendix
B.
(b) CEMS
must
shall
sample, analyze and record data at least every fifteen minutes while the
emissions unit is operating.
(5) CPMS or PEMS.
An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following:
(a) The CPMS or the PEMS
must
shall be
based on current site-specific data demonstrating a correlation between the
monitored parameter and the PAL pollutant emissions across the range of
operation of the emissions unit.
(b) Each CPMS or PEMS
must
shall
sample, analyze, and record data at least every fifteen minutes, or at another
less frequent interval approved by the director, while the emissions unit is
operating.
(6) Emission
factors.
An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following:
(a) All emission factors shall be adjusted,
if appropriate, to account for the degree of uncertainty or limitations in the
factors' development.
(b) The
emissions unit shall operate within the designated range of use for the
emission factor, if applicable.
(c)
If technically practicable, the owner or operator of a PAL significant
emissions unit that relies on an emission factor to calculate PAL pollutant
emissions shall conduct validation testing to determine a site-specific
emission factor within six months of PAL permit issuance, unless the director
determines that testing is not required.
(7) A source owner or operator
must
shall
record and report maximum potential emissions without considering enforceable
emission limitations or operational restrictions for an emissions unit during
any period of time that there is no monitoring data, unless another method for
determining emissions during such periods is specified in the PAL
permit.
(8) Notwithstanding the
requirements in paragraphs (K)(3) to (K)(7) of this rule, where an owner or
operator of an emissions unit cannot demonstrate a correlation between the
monitored parameter and the PAL pollutant emissions rate at all operating
points of the emissions unit, the director shall, at the time of PAL permit
issuance, do the following:
(a) Establish
default value for determining compliance with the PAL based on the highest
potential emissions reasonably estimated at such operating point.
(b) Determine that operation of the emissions
unit during operating conditions when there is no correlation between monitored
parameter and the PAL pollutant emissions is a violation of the PAL.
(9) Re-validation.
All data used to establish the PAL pollutant
must
must
(L) Recordkeeping requirements.
(1) The PAL permit shall require an owner or
operator to retain a copy of all records necessary to determine compliance with
any requirement of this rule and of the PAL, including a determination of each
emissions unit's twelve-month rolling total emissions, for five years from the
date of such record.
(2) The PAL
permit shall require an owner or operator to retain a copy of the following
records for the duration of the PAL effective period plus five years:
(a) A copy of the PAL permit application and
any applications for revisions to the PAL.
(b) Each annual certification of compliance
pursuant to Title V and the data relied on in certifying the
compliance.
(M)
Reporting and notification requirements.
The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the director in accordance with the applicable Title V operating permit program. The reports shall meet the following:
(1) Semi-annual report.
The semi-annual report shall be submitted to the director within thirty days of the end of each reporting period. This report shall contain the following information:
(a)
The identification of owner and operator, the facility ID, and the
permit-to-install numbers for any applicable permit-to-install.
(b) Total annual emissions, in tons per year,
based on a twelve-month rolling total for each month in the reporting period
recorded pursuant to paragraph (L)(1) of this rule.
(c) All data relied upon, including, but not
limited to, any quality assurance or quality control data, in calculating the
monthly and annual PAL pollutant emissions.
(d) A list of any emissions units modified or
added to the major stationary source during the preceding six-month
period.
(e) The number, duration,
and cause of any deviations or monitoring malfunctions, other than the time
associated with zero and span calibration checks, and any corrective action
taken.
(f) A notification of a
shutdown of any monitoring system, whether the shutdown was permanent or
temporary, the reason for the shutdown, the anticipated date that the
monitoring system will be fully operational or replaced with another monitoring
system, and whether the emissions unit monitored by the monitoring system
continued to operate, and the calculation of the emissions of the pollutant or
the number determined by method included in the PAL permit, as provided by
paragraph (K)(7) of this rule.
(g)
A signed statement by the responsible official, as defined by the Title V
operating permit program contained in Chapter 3745-77 of the Administrative
Code, certifying the truth, accuracy, and completeness of the information
provided in the report.
(2) Deviation report.
The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to paragraph (A)(3)(c)(iii) of rule 3745-77-07 of the Administrative Code shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the rule 3745-77-07 of the Administrative Code. The reports shall contain the following information:
(a) The identification of owner and operator,
the facility ID, and the permit-to-install numbers for any applicable
permit-to-install.
(b) The PAL
requirement that experienced the deviation or that was exceeded.
(c) Emissions resulting from the deviation or
the exceedance.
(d) A signed
statement by the responsible official (as defined by the Title V operating
permit program contained in Chapter 3745-77 of the Administrative Code)
certifying the truth, accuracy, and completeness of the information provided in
the report.
(3)
Re-validation results.
The owner or operator shall submit to the director the results of any revalidation test or method within three months after completion of such test or method.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(A), 3704.03(F)
Prior Effective Dates: 10/28/2004, 12/01/2006, 06/30/2008, 05/29/2014
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