(A)
Under paragraph (A)(1) of rule
3745-31-02
of the Administrative Code, new air contaminant sources or modified air
contaminant sources shall not be installed or modified until a final
permit-to-install or PTIO is obtained from the director. This rule describes
activities that can be undertaken prior to obtaining a final permit-to-install
or PTIO and, are therefore, excluded from the definition of begin actual
construction.
[Comment: Some activities described in this rule may not begin
until any applicable national pollutant discharge elimination system (NPDES)
permit, isolated wetland permit or 401 water quality certification is obtained.
Notwithstanding any other provision of this rule, compliance with this chapter
does not relieve any person from the requirements of Chapter 3734. or 3714. of
the Revised Code and rules adopted thereunder.]
(B) Risk to the owner or operator
.
(1) This rule does
not in any way guarantee that a final permit-to-install or PTIO will be issued.
(2) The implementation of any of
the activities described in this rule are at the entire risk of the owner or
operator.
(3) If a final
permit-to-install or PTIO is issued, any necessary design changes, and the
costs associated with those design changes (including costs due to delayed
construction) in order to comply with the terms of the final permit-to-install
or PTIO are entirely at the owner or operator's risk. Any costs associated with
these design changes may not be used as part of any BAT, BACT, LAER or MACT
determination cost-effectiveness evaluations.
(C) General restrictions
.
All construction activities must comply with any applicable
fugitive dust requirements contained in rule
3745-17-08
of the Administrative Code.
(D) Installation of buildings or structures
not containing air contaminant sources
.
The construction of warehouses, store rooms, office buildings,
or other buildings or structures that are not planned to contain any air
contaminant source(s)
source as part of an air contaminant source
project may be constructed prior to obtaining a final permit-to-install or PTIO
if the buildings or structures would be built (for business financial reasons)
even though no final permit-to-install or PTIO could be obtained.
(E) Acceptable site preparation
activities for any air contaminant source project
.
The following activities do not constitute beginning actual
construction and may be undertaken prior to obtaining a final permit-to-install
or PTIO for a particular air contaminant source project.
:
(1) Clearing the site of existing vegetation,
old buildings, or old equipment.
(2) Grading and clearing of land, stripping
and stockpiling topsoil, earthwork cut and fill for foundations in preparation
for construction.
(3) Installing
temporary site access roadways and parking areas.
(4) Installing temporary construction
equipment storage areas.
(5)
Storing of construction equipment including temporary buildings and trailers
for equipment storage and for construction offices.
(6) Exploratory excavation and borings to
assess the suitability of a site for the intended building or installation
activities.
(7) Excavating building
footers, pilings, foundations, pads, and platforms, etc. (note, no pouring of
concrete is allowed).
(8)
Installing concrete forms and reinforcing bar for any concrete footers,
pilings, foundations, pads and platforms, etc. (note, no pouring of concrete is
allowed).
(9) Installing temporary
utilities for site construction including electricity, water, gas,
communication and sanitary.
(10)
Removing old equipment from existing buildings.
(11) Installation of any temporary
construction dust control systems (sprinklers, etc.).
(12) Installation of any signage or traffic
control signs.
(13) Installation of
any utility poles by a utility company.
(14) Installation of temporary erosion and
sedimentation control systems including hay bales, silt fences, rip-raps and
sandbags.
(15) Installation of new
landscaping including trees, bushes and seeding of disturbed
earthwork.
(16) Installation of
landscaping fencing.
(17)
Installation of temporary fences and signs around the construction
site.
(18) Stockpiling of stone,
soil and other materials for future construction.
(F) Additional acceptable site preparation
activities for any source that is not a major new or modified source (i.e.,
minor modifications and minor new sources)
.
The following additional site preparation activities may be
undertaken prior to obtaining a final permit-to-install or PTIO provided the
air contaminant source project is not a major modification, a major stationary
source, or part of a permit-to-install or PTIO designed to avoid a major
modification or classification of a major stationary source through
permit-to-install or PTIO restrictions (known as a synthetic minor or netting
permits avoiding major new source review). These activities may only be
undertaken if the owner or operator has filed a complete application for a
permit-to-install or PTIO, the director or his/her designee has determined the
application is administratively complete, and the owner or operator has
provided notification, in a form and manner prescribed by the director, of the
activities described in this rule that the owner or operator plans to undertake
prior to receiving a final permit-to-install or PTIO.
(1) Installing electrical service for any air
contaminant
source(s)
source or air pollution control equipment up to
the service panel for the new equipment. Connections to any air contaminant
source(s)
source or air pollution control equipment cannot be
made until a final permit-to-install or PTIO is issued and effective.
(2) Installing piping and sewers up to the
point of connection to any air contaminant
source(s)
source or
air pollution control equipment. Connections to any air contaminant
source(s)
source or air pollution control equipment cannot be
made until a final permit-to-install or PTIO is issued and effective.
(3) Installing inlet air and exhaust duct
work with the exception of final connections to the air contaminant
source(s)
source or air pollution control equipment.
(4) Installing site drainage systems
including ditches, culverts, earthwork for underground storm drains, headwalls
and catch basins. This is authorized only if any necessary storm water permits
have been obtained.
(5)
(4) Installing
concrete footers, foundations, pads and platforms for the building or for
equipment.
(6)
(5) Installing any permanent roadways and parking
areas not required under this chapter to obtain a permit-to-install or
PTIO.
(7)
(6) Storing parts and equipment of the air contaminant
source(s)
source or air pollution control equipment.
(8)
(7)
Construction of new or expanded buildings, or the renovation or upgrading of
existing buildings, in preparation for the installation of new or modified air
contaminant
source(s)
source or air pollution control
equipment.
(9)
(8) Equipment that constitutes a component of an air
contaminant source (including air pollution control equipment) may be delivered
to the site prior to obtaining a final permit-to-install or a PTIO if the
following criteria are met:
(a) If the
equipment is to be installed in an existing building, then it may be placed in
its final location and secured. No utilities, piping, or duct work may be
connected to the equipment. The equipment shall not be operated.
(b) If the equipment is to be installed in a
building that has not yet been built, then it can either be secured on the
foundation of its final site or may be located anywhere on the property. No
utilities, piping, or duct work may be connected to the equipment. The
equipment shall not be operated.
(G)
The director,
at his/her
At the director's discretion
and in writing,
the director may determine that
an activity not listed in paragraphs (E) and (F) of this rule is an activity
that can be undertaken prior to obtaining a final permit-to-install or PTIO for
an air contaminant source project. Any activity approved by the director
must
shall
meet the requirements described in division (F)(5) of section
3704.03 of the Revised Code and
must
shall
meet all applicable law. A request for approval of these activities shall be
made in writing and shall provide: a detailed description of the desired
activities; an analysis of why the activities are allowed under all state and
federal air pollution rules, regulations
and/or
or laws; and a
description of the adverse consequences that would occur to the permittee if
the activities were not allowed prior to obtaining a final permit-to-install or
PTIO.
Notes
Ohio Admin. Code
3745-31-33
Five Year Review (FYR) Dates:
11/30/2022 and
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: 12/01/2006, 06/30/2008,
05/01/2016
Effective: 5/1/2016
Five Year Review
(FYR) Dates: 11/30/2015 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: 12/1/06,
6/30/08
