[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 (TT)
(AA) of rule
3745-77-01 of the Administrative
Code titled "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
ceases 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.
All of the following sources are subject to the permitting requirements under
this chapter unless
they
the sources are exempted under paragraph (C) of this
rule:
(1) Any major source.
(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.
(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."
(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)
(M)(1) or
(X)(3)
(M)(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
affects 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
the determination in the applicant's Title V
permit.
Notes
Ohio Admin. Code 3745-77-02
Effective:
3/11/2024
Five Year Review (FYR) Dates:
9/12/2023 and
03/11/2029
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,
07/19/2018
