[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 (SS)
(TT) of rule
3745-77-01 of the
Administrative Code titled "Referenced
referenced materials."]
(A) Prohibitions.
Except as provided in paragraph (H)(1)(a) of rule
3745-77-07
of the Administrative Code, and paragraphs (C)(1)(f)
and (C)(2)(e) of rule
3745-77-08
of the Administrative Code and in the following sentence, the owner or operator
of a Title V source shall not operate such source after the date that a timely
and complete Title V permit application is required to be submitted under this
chapter, except in compliance with a permit issued under this chapter. If the
owner or operator of a Title V source submits a timely and complete application
for permit issuance or renewal, the failure to have a Title V permit is not a
violation of this chapter until the director takes final action on the
application. This protection shall cease to apply upon the effectiveness of the
director's final determination that the application is not complete pursuant to
paragraphs (A) and (B) of rule
3745-77-05
of the Administrative Code.
(B) Title V sources.
The
All of the
following sources are subject to the permitting requirements under this chapter
unless they are exempted under paragraph (C) of this rule:
(2) Any source, including an area source,
subject to a standard or other requirement under Section 111 of the act
;
.
(3) Any source, including an area source,
subject to a standard or other requirement under Section 112 of the act, except
that a source is not required to obtain a permit solely because it is subject
to regulations or requirements under Section 112(r) of the act
;
.
(4) Any affected source
; and
.
(5) Any source in a source category
designated by the administrator pursuant to
40
CFR Part
70.3.
(C) Exemptions.
(1) All sources listed in paragraph (B) of
this rule that are not major sources, affected sources, or solid waste
incineration units required to obtain a permit pursuant to Section 129(e) of
the act, are exempt from the obligation to obtain a Title V permit unless
required to do so under rules promulgated by the administrator.
(2) In the case of nonmajor sources subject
to a standard or other requirement promulgated under either Section 111 or 112
of the act after July 21, 1992, such nonmajor sources shall become subject to
the Title V permitting requirements if so required by the standard or other
requirement adopted by the administrator.
(3) Sources in
any
of the following source categories are exempted from the obligation to
obtain a Title V permit under this chapter:
(a) All sources and source categories that
would be required to obtain a permit solely because they are subject to 40 CFR
Part
60, Subpart AAA -"Standards of Performance for New Residential Wood
Heaters
;" and
."
(b) All
sources and source categories that would be required to obtain a permit solely
because they are subject to 40 CFR Part
61, Subpart M - "National Emission
Standard for Hazardous Air Pollutants for Asbestos;"
40 CFR
61.145 "Standard for Demolition and
Renovation."
(c) All sources and
source categories that would be required to obtain a permit solely because they
are subject to 40 CFR Part
63, Subpart M -"Perchloroethylene Dry
Cleaning."
(d) All sources and
source categories that would be required to obtain a permit solely because they
are subject to 40 CFR Part
63, Subpart N - "Hard and Decorative Chromium
Electroplating and Chromium Anodizing."
(e) All sources and source categories that
would be required to obtain a permit solely because they are subject to 40 CFR
Part
63, Subpart O -"Commercial Ethylene Oxide Sterilization."
(f) All sources and source categories that
would be required to obtain a permit solely because they are subject to 40 CFR
Part
63, Subpart T -"Halogenated Solvent Cleaning."
(g) All sources and source categories that
would be required to obtain a permit solely because they are subject to 40 CFR
Part
63, Subpart RRR -"Secondary Aluminum Production."
(4) Synthetic minor sources. Synthetic minor
sources are exempted from the requirement for a Title V permit and all other
requirements of this chapter.
(D) Opt-in sources.
The owner or operator of a source that is not a Title V source
under paragraph (B) of this rule may choose to have the source permitted under
the provisions of this chapter by submitting an application for a Title V
permit. The permit application shall be processed in the same manner as permit
applications for non-exempt Title V sources.
(E) Emissions units and Title V sources.
(1) The federally enforceable portion of the
permit shall include all applicable requirements for all relevant emissions
units at the major source as specified in paragraph (A) of rule
3745-77-07 of the
Administrative Code.
(2) For any
non major source subject to this rule, the director shall include in the permit
all requirements applicable to emissions units that cause the source to be
subject to a Title V permit.
(F) Fugitive emissions. Fugitive emissions
information from a Title V source shall be included in the permit application
and the permit in the same manner as stack emissions, regardless of whether the
source category in question is included in the list of sources contained in the
definition of major source.
(G)
Insignificant activities and emissions levels. Insignificant activities and
emissions levels shall be exempted from the permit application requirements of
this rule except for research and development emission units whose emission
levels exceed the requirements specified in paragraph (X)(1) or (X)(3) of rule
3745-77-01 of the
Administrative Code, provided that insignificant emission activities that are
exempted because of size or production rate shall be identified in the permit
application. Nothing in this paragraph shall affect the determination of
whether a stationary source is a major source.
(H) Applicability determinations. Upon
written request of a Title V permit applicant, the director shall make a
determination of the applicability or inapplicability of any provision or class
of requirements under the act to an emissions unit or stationary source and
shall include that determination or a concise summary of it in the applicant's
Title V permit.
Notes
Ohio Admin. Code
3745-77-02
Effective:
7/19/2018
Five Year Review (FYR) Dates:
11/15/2017 and
11/15/2022
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(E),
3704.03(G),
3704.03(X),
3704.036
Rule
Amplifies: 3704.036
Prior
Effective Dates: 04/20/1994, 09/16/2003,
02/14/2010
