Ohio Admin. Code 3745-77-03 - Content of a permit application
[Comment: For dates (SS)
Referenced
(A) Standard application form. The owner or
operator of a source that is subject to the Title V permit program as provided
in rule
3745-77-02
of the Administrative Code shall submit Title V permit applications in the
manner and form prescribed by the director for that purpose. The applicant
shall submit the information required by this rule for each emissions unit at
the source to be permitted, except for insignificant activities and emissions
levels as specified in paragraph (G) of rule
3745-77-02
of the Administrative Code. The applicant must identify any such insignificant
activities and emissions levels that are exempted because of size or production
rate. An applicant may not omit information for an emissions unit, including
information for insignificant activities or emission levels, that is necessary
to determine the applicability of any applicable requirement, to impose any
applicable requirement, or to evaluate the fee amount required under section
3745.11 of the Revised Code.
(B) Option for single or multiple
permits. A Title V permit applicant may request a single permit for a
stationary source with multiple Title V emissions units, or a separate permit
for any one or more emissions units at the same facility required to have a
Title V permit. The director shall honor all such requests based on proper
definitions of emissions units.
(C)
Required information. The standard application form shall require, and the
applicant shall provide, all of the following
information:
(1) Identifying information,
including company name and address (or plant name and address if different from
the company name or address), owner's name and statutory agent, telephone
number and names of plant site manager or other on-site contact, and
application or premise number(s) from any previous permits under Chapter
3745-31 of the Administrative Code;
.
(2) A
description of the source's processes and products (by standard industrial
classification code or North American industry classification system) including
any associated with each alternate operating scenario identified by the
source;
.
(3)
The
All of the
following emission-related information:
(a)
All emissions of each regulated air pollutant for which the source is major,
and an estimate of all emissions of each other regulated air pollutant for
which the source is regulated. The application shall describe all emissions of
regulated air pollutants emitted from any emissions unit, except where such
units are exempted as de minimis in rule
3745-15-05
of the Administrative Code, or exempted in paragraphs
(A)
(B) (1) to
(A)
(B) (3) of
rule
3745-31-03
of the Administrative Code. The applicant shall provide additional information
related to such emissions of air pollutants sufficient to verify which
requirements are applicable to the source, and other information that may be
necessary to determine the amount of any permit fees owed under the fee
schedule approved pursuant to Chapter 3745-78 of the Administrative Code. All
emission estimates shall be performed in accordance with reasonable,
appropriate and available engineering techniques;
.
(b) Identification and description of all
points of emissions described in paragraph (C)(3)(a) of this rule, in
sufficient detail to establish both the basis for fees and the applicability of
any applicable requirement;
.
(c) Emissions rates in TPY, and in such terms
as are necessary to establish compliance consistent with the applicable
standard reference test method, if any;
.
(d)
Information regarding fuels, fuel use, raw materials, production rates, and
operating schedules, to the extent such information is needed to determine or
regulate emissions;
.
(e)
Identification and description of air pollution control equipment and
compliance monitoring devices or activities;
.
(f) Limitations on source operations
affecting emissions or any work practice standards, where applicable, for all
regulated air pollutants at the Title V source;
.
(g) Other information required by any
applicable requirement (including information related to stack height
limitations developed pursuant to Section 123 of the act);
.
(h) Calculations on which the information in
paragraphs (C)(3)(a) to (C)(3)(g) of this rule is based; and
.
(i) Related information necessary to
establish voluntary restrictions in the permit to avoid federally applicable
requirements pursuant to paragraph (B) of rule
3745-77-07 of the
Administrative Code.
(4)
The
Both of
the following air pollution control requirements:
(a) Citation and description of all
applicable requirements; and
.
(b)
Description of or reference to any applicable test method for determining
compliance with each applicable requirement;
.
(5) Other specific information as
necessary to implement and enforce other applicable requirements of the act or
of this chapter, including the following :
(a) Information on emissions and controls
relevant to establishing a case-by-case emission limitation or standard under
Section 112 of the act, or to determine the applicability of such
requirements;
.
(b) A
proposed compliance date for any standard under Section 112(d), 112(h), or
112(j) of the Clean Air Act
act that
was promulgated after the applicant has received a final
maximum achievable control technology ( MACT) determination according to rule
3745-31-28
of the Administrative Code, and that does not specify a compliance date for
sources that have received a final case-by-case MACT determination. The
proposed compliance date shall be approved by the director, and in no case
shall the compliance date be more than eight years from the date of
promulgation of the standard.
(6) Any requests for alternative or multiple
operating scenarios or anticipated changes in emissions during the term of the
permit, together with the information under paragraphs (C)(3)(a) to (C)(3)(h)
of this rule for each such scenario or change;
.
(7) An explanation of any proposed exemptions
from otherwise applicable requirements;
.
(8) Any
request for alternative emission limits, together with information necessary
for the director to define alternative limits requested by the permit applicant
under division (E) of section
3704.03 and division (K) of
section 3704.036 of the Revised
Code;
.
(9)
Compliance plan. Description of the compliance status of the Title V source
with respect to all applicable requirements, which shall include
all of the following:
(a) For all applicable requirements with
which the source is in compliance, a statement that the source will continue to
comply with such requirements;
.
(b) For
all applicable requirements that will become effective during the permit term,
a statement that the source will meet such requirements on a timely basis. A
statement that the source will meet in a timely manner such requirements that
become effective during the permit term shall satisfy this provision, unless a
more detailed plan or schedule is required by the requirement;
.
(c) For applicable requirements for which the
source is not in compliance at the time of permit issuance, a narrative
description of how the source will achieve compliance with such requirements
and a schedule of compliance. The compliance schedule shall include a schedule
of remedial measures, including an enforceable sequence of actions with
milestones, leading to compliance with any applicable requirements for which
the source will be in noncompliance at the time of permit issuance. This
compliance schedule shall resemble and be at least as stringent as that
contained in any judicial consent decree or administrative order to which the
source is subject. Any such schedule of compliance shall be supplemental to,
and shall not sanction noncompliance with the applicable requirements on which
it is based;
.
(d) A
schedule for submission of certified progress reports no less frequently than
every six months for sources required to have a schedule of compliance to
remedy a violation;
.
(e) The
compliance plan content requirements specified in paragraphs (C)(9)(a) to
(C)(9)(d) of this rule shall apply and be included in the acid rain portion of
a compliance plan for an affected source, except as specifically superseded in
regulations promulgated under Title IV of the act with regard to the schedule
and method(s) the source will use to achieve compliance with the acid rain
emissions limitations; and
.
(f) If
the owner or operator of the source is required to develop and register a risk
management plan pursuant to Section 112(r) of the act, the applicant shall
specify the compliance status of the requirement to register such a plan;
.
(10) Compliance certification
shall include all of the following :
(a) A certification of compliance status with
all applicable requirements by a responsible official consistent with paragraph
(D) of this rule and Section 114 (a)(3) of the act;
.
(b) A statement of the methods used for
determining compliance, including a description of monitoring, recordkeeping,
and reporting requirements and test methods;
.
(c) A schedule for submission of compliance
certifications during the Title V permit term, to be submitted annually or more
frequently if specified by the applicable requirement;
.
(d) A statement indicating the source's
compliance status with any applicable enhanced monitoring and compliance
certification requirements of the act;
and
.
(e) If the owner or operator of the source is
required to develop and register a risk management plan pursuant to Section
112(r) of the act, the applicant shall certify compliance with the requirement
to register such a plan; and
.
(11) The information specified in nationally
standardized forms for the acid rain portions of applications and compliance
plans, as required by regulations promulgated under Title IV of the
act.
(D) Certification
of truth, accuracy, and completeness.
Any application form, report, or compliance certification submitted pursuant to this chapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification requirement under this chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
(E) Confidential information.
The application shall clearly identify any information the
applicant claims is confidential as business information under 40 CFR Part 2 or
a trade secret as defined in section 1333.51
(1) If the administrator
requests information subject to a claim of confidentiality, the director shall
promptly require in writing that the applicant submit the information and claim
of confidentiality directly to the administrator. If the applicant fails to
submit such information and claim of confidentiality to the administrator
within thirty days after receipt of the director's request to do so, the
director shall submit such information and claim of confidentiality directly to
the administrator; or
.
(2) If a
third party request information subject to a claim of confidentiality, such
information shall be released only after the director finds the claim of
confidentiality is not justified, notifies the applicant of the finding, and
any appellate review is either not pursued or exhausted.
(F) Duty to supplement application.
Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.
Notes
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, 07/25/1998, 02/14/2010
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