Ohio Admin. Code 3745-77-07 - Permit content
[Comment: For dates (SS)
(A) Standard permit requirements. Each Title
V permit shall include all of the following
elements:
(1) Emission limitations and standards. The
permit shall include emission limitations and standards, including those
operational requirements and limitations that assure compliance with all
applicable requirements at the time of issuance.
(a) The Title V permit shall specify
authority for each term or condition, and identify any difference in form as
compared to the applicable requirement upon which the term or condition is
based.
(b) The Title V permit shall
state that, where an applicable requirement of the act is more stringent than
an applicable requirement of regulations promulgated under Title IV of the act,
both provisions shall be incorporated into the permit and shall be federally
enforceable.
(c) If the applicable
implementation plan so provides, upon an applicant's request, pursuant to
division (E) of section
3704.03 and division (K) of
section 3704.036 of the Revised Code,
that an alternative limit or means of compliance be specified in the Title V
permit, and such alternative limit satisfies the criteria set forth in division
(E) of section 3704.03 and division (K) of
section 3704.036 of the Revised Code,
such an alternative emission limit or means of compliance shall be included in
the permit upon a showing satisfactory to the director that it is quantifiable,
accountable, enforceable, and based on replicable procedures. The applicant
shall include in the permit application proposed permit terms and conditions to
satisfy the requirements of this paragraph.
(2) Permit duration. The director shall issue
Title V permits for a fixed period, not to exceed five years, except as
provided in paragraphs (A)(2)(a) to (A)(2)(c) of
this rule
follows :
(a) Permits issued to affected sources shall
in all cases have a fixed term of five years.
(b) Permits issued to solid waste
incineration units combusting municipal waste subject to standards under
Section 129(e) of the act shall have a term not to exceed twelve years. Such
permits shall be reviewed every five years.
(c) A permit may be terminated, or terminated
in part, prior to expiration in accordance with the requirements of paragraph
(H) of rule
3745-77-08
of the Administrative Code.
(3) Monitoring and related recordkeeping and
reporting requirements.
(a) Each permit shall
contain all of the following requirements with
respect to monitoring:
(i) All emissions
monitoring and analysis procedures or test methods required under the
applicable requirements, including any procedures and methods promulgated
pursuant to Sections 114(a) (3) or 504(b) of the act;
.
(ii) Where the applicable requirement does
not require periodic testing or instrumental or noninstrumental monitoring
(which may consist of recordkeeping designed to serve as monitoring), periodic
monitoring sufficient to yield reliable data from the relevant time period that
are representative of the source's compliance with the permit, as reported
pursuant to paragraph (A)(3)(c) of this rule. Such monitoring requirements
shall assure use of terms, test methods, units, averaging periods, and other
statistical conventions consistent with the applicable requirement. Such
monitoring requirements may apply to operating parameters, fuels, raw
materials, or other reliable indicators of the rate of emissions, or
combinations thereof. Recordkeeping provisions may be sufficient to meet the
requirements of this paragraph; and
.
(iii) As
necessary, requirements concerning the use, maintenance, and, where
appropriate, installation of monitoring equipment or methods.
(b) With respect to recordkeeping,
the permit shall incorporate all applicable requirements that relate to
recordkeeping and require, where applicable, all
of the following:
(i) Records of
required monitoring information that include all
of the following:
(a) The date, place
as defined in the permit, and time of sampling or measurements;
.
(b) The date(s) analyses were
performed;
.
(c) The
company or entity that performed the analyses;
.
(d) The analytical techniques or methods
used;
.
(e) The
results of such analyses; and
.
(f) The
operating conditions as existing at the time of sampling or measurement; and
.
(ii) Retention of records of all
required monitoring data and support information for a period of five years
from the date the record was created. Support information includes all
calibration and maintenance records and all original strip-chart recordings for
continuous monitoring instrumentation, and copies of all reports required by
the permit. The permit shall specify that records may be maintained in
computerized form.
(c)
With respect to reporting, the permit shall incorporate all applicable
requirements that relate to reporting. The permit shall also require
all of the following:
(i) That the permittee submit a report of any
required monitoring every six months. To the extent possible, the schedule for
submission of such reports shall be timed to coincide with other periodic
reports required by the permit, including the permittee's annual compliance
certification.
(ii) That each
report submitted under paragraph (A)(3)(c)(i) of this rule shall clearly
identify any deviations from the permit requirements that have occurred since
the previous report has been submitted.
(iii) That each permit shall require prompt
reporting of deviations from federally enforceable permit requirements,
including deviations attributable to malfunctions as described in paragraph
(B)(1) of rule
3745-15-06
of the Administrative Code, regardless of duration, the probable cause of such
deviations, and any corrective actions or preventive measures taken. The
requirement to include all deviations attributable to malfunctions in these
quarterly deviation reports is in addition to the verbal and written reporting
requirements specified in rule
3745-15-06
of the Administrative Code. An exceedance of the visible emission limitations
specified in paragraph (A)(1) of rule
3745-17-07
of the Administrative Code that is caused by a malfunction does not need to be
reported as a deviation if the owner or operator of the affected air
contaminant source or air pollution control equipment complies with the
requirements of paragraph (A)(3)(c) of rule
3745-17-07
of the Administrative Code. Malfunctions that are reported in accordance with
rule
3745-15-06
of the Administrative Code shall be referenced in the deviation reports
required by this paragraph. Deviations resulting from approved requests for
scheduled maintenance of air pollution control equipment pursuant to paragraph
(A) of rule
3745-15-06
of the Administrative Code also shall be reported in accordance with this
paragraph.
(iv) Unless otherwise
specified in the specific permit terms and conditions for an emissions unit,
prompt reporting for the purpose of this rule shall be quarterly for all
deviations from emission limitations, operational restrictions, and control
device operating parameter limitations (except as prescribed in rule
3745-15-06
of the Administrative Code for malfunctions); and semi-annually for all
deviations from monitoring, recordkeeping, and reporting requirements pursuant
to paragraph (A)(3)(c)(i) of this rule.
(v) That each report required under paragraph
(A)(3)(c) of this rule shall be signed by a responsible official certifying
that, based on information and belief formed after reasonable inquiry, the
statements and information in the report are true, accurate, and
complete.
(4)
Risk management plans. 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 permit shall specify that the permittee will comply with the
requirement to register such a plan.
(5) Title IV provisions. The permit shall
include provisions necessary to ensure compliance by an affected source with
the requirements of 40 CFR Part 72. The permit shall prohibit emissions
exceeding any allowances that the source lawfully holds under Title IV of the
act or the regulations promulgated thereunder.
(a) No permit revision shall be required for
increases in emissions that are authorized by allowances acquired pursuant to
the acid rain program, provided that such increases do not require a permit
revision under any other applicable requirement.
(b) No limit shall be placed on the number of
allowances held by the source. The source may not, however, use allowances as a
defense to noncompliance with any other applicable requirement.
(c) Any such allowance shall be accounted for
according to the procedures established in regulations promulgated under Title
IV of the act.
(6)
Severability clause. The Title V permit shall include a severability clause to
ensure the continued validity of the various permit requirements in the event
of a challenge to any portions of the permit.
(7) General requirements. The Title V permit
shall include provisions stating all of the
following:
(a) The permittee must comply with
all conditions of the permit. Any noncompliance with the federally enforceable
terms and conditions of the permit constitutes a violation of the act and is
grounds for enforcement action or for permit revocation, revocation and
reissuance, or modification, or for denial of a permit renewal
application.
(b) It shall not be a
defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain
compliance with the federally enforceable conditions of the permit.
(c) The permit may be modified, reopened,
revoked, or revoked and reissued, for cause. The filing of a request by the
permittee for a permit modification, revocation and reissuance, or revocation,
or of a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
(d) The
permit does not convey any property rights of any sort, or any exclusive
privilege.
(e) The permittee shall
furnish to the director, upon receipt of a written request and within a
reasonable time, any information that the director may request to determine
whether cause exists for modifying, reopening, or revoking the permit or to
determine compliance with the permit. Upon request, the permittee shall also
furnish to the director copies of records required to be kept by the permit.
For information claimed to be confidential in the submittal to the director, if
the administrator requests such information, the permittee may furnish such
records directly to the administrator along with a claim of
confidentiality.
(8)
Fees. The permit shall provide that the permittee will pay fees to the director
in accordance with section
3745.11 of the Revised Code and
Chapter 3745-78 of the Administrative Code.
(9) Marketable permit programs. The permit
shall provide that no permit revision shall be required under any approved
economic incentive, marketable permits, emissions trading, and other similar
programs or processes for changes that are provided for in the
permit.
(10) Reasonably anticipated
operating scenarios. The permit shall include terms and conditions applicable
to all operating scenarios described in the permit application unless
prohibited by federally enforceable requirements, including all applicable
requirements and requirements of this chapter. As approved by the director, the
permit shall authorize the permittee to make changes among operating scenarios
authorized in the permit without notice, but shall require the permittee,
contemporaneous with making a change from one operating scenario to another, to
record in a log at the permitted facility the scenario under which it is
operating. The permit shield provided in paragraph (F) of this rule shall apply
to all operating scenarios authorized in the permit.
(11) Emissions trading. The permit shall
include terms and conditions, if the permit applicant requests them, for the
trading of emissions increases and decreases in the permitted facility, to the
extent that the applicable requirements provide for trading such increases and
decreases without a case-by-case approval of each emissions trade. Such terms
and conditions:
(a) Shall include all terms
required under paragraphs (A) and (C) of this rule to determine
compliance;
.
(b) May
extend the permit shield described in paragraph (F) of this rule to all terms
and conditions that allow such increases and decreases in emissions; and
.
(c) Must meet all applicable requirements and
requirements of this chapter.
(12) Reopening for cause. Each issued permit
shall include provisions specifying the conditions under which the permit will
be reopened prior to the expiration of the permit.
(13) Insignificant activities and emissions
levels.
(a) Any insignificant activities and
emissions levels that are subject to one or more applicable requirements, shall
be listed in the federally enforceable portion of the permit along with the
applicable requirements or the identification number of each permit to install
that establishes one or more applicable requirements for the insignificant
activities and emissions levels. This listing is presumed to satisfy the
requirements of paragraph (A)(1) of this rule.
(b) Monitoring, recordkeeping or reporting
requirements established for insignificant activities and emissions levels in a
permit to install or under applicable rules are presumed adequate to satisfy
the monitoring, recordkeeping or reporting requirements of paragraph (A)(3) of
this rule for the insignificant activities and emissions levels, unless the
director determines otherwise.
(B) Federally enforceable and state
enforceable terms and conditions. Federally enforceable terms and conditions
shall be identified as such in the permit. Voluntary restrictions established
in the permit to avoid federal applicable requirements shall be identified as
federally enforceable terms and conditions. Federally enforceable terms and
conditions shall be clearly differentiated from terms and conditions that are
not required under the act or any applicable requirements and that are imposed
pursuant to state law only. Terms and conditions that are not required under
the act or any of its applicable requirements shall be identified as such in
the permit and clearly differentiated from those that are.
(1) All terms and conditions of a Title V
permit that are required under the act or any of its applicable requirements,
including relevant terms and conditions designed to limit the potential to emit
of a source, are enforceable by the administrator and citizens under the
act.
(2) All other terms and
conditions of a Title V permit not described in paragraph (B)(1) of this rule
shall not be federally enforceable and shall be enforceable under state law
only.
(C) Compliance
requirements. The federally enforceable portion of each Title V permit shall
contain all of the following elements with
respect to compliance:
(1) Consistent with
paragraph (A)(3) of this rule, compliance certification, testing, monitoring,
reporting, and recordkeeping requirements sufficient to assure compliance with
the federally enforceable terms and conditions of the permit. Any document
(including reports) required by a Title V permit shall contain a certification
by a responsible official that, based on information and belief formed after
reasonable inquiry, the statements in the document are true, accurate, and
complete;
.
(2)
Inspection and entry requirements that require that, upon presentation of
credentials and other documents as may be required by law, the permittee shall
allow the director or an authorized representative of the director to
do all of the following :
(a) Enter upon the permittee's premises where
a source is located or emissions-related activity is conducted, or where
records must be kept under the conditions of the permit;
.
(b) Have access to and copy, at reasonable
times, any records that must be kept under the conditions of the permit,
subject to the protection from disclosure to the public of confidential
information consistent with paragraph (E) of rule
3745-77-03
of the Administrative Code;
.
(c) Inspect at reasonable times any
facilities, equipment (including monitoring and air pollution control
equipment), practices, or operations regulated or required under the permit;
and
.
(d) As
authorized by the act, sample or monitor at reasonable times substances or
parameters for the purpose of assuring compliance with the permit and
applicable requirements.
(3) A requirement that sources meet in a
timely manner applicable requirements that become effective during the permit
term and shall contain an approved schedule of compliance for sources that are
not in compliance with all applicable requirements at the time of permit
issuance. Such a schedule of compliance 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. Such a schedule of compliance
shall resemble and be at least as stringent as that contained in any judicial
or administrative order or consent decree 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;.
(4)
Progress reports consistent with a schedule of compliance in the permit for
meeting an applicable requirement. Progress reports must be submitted
semiannually, or more frequently if specified in the applicable requirement, or
by the director. Progress reports shall contain both
of the following:
(a) Dates for
achieving the activities, milestones, or compliance required in the schedule of
compliance, and dates when such activities, milestones, or compliance were
achieved;
.
(b) An
explanation of why any dates in the schedule of compliance were not or will not
be met, and any preventive or corrective measures adopted; and
.
(5) Requirements for compliance
certification with terms and conditions contained in the permit that are
federally enforceable, including emission limitations, standards, or work
practices. Each permit shall specify all of the
following :
(a) The frequency (which
shall be annual unless the applicable requirement specifies submission more
frequently) or submissions of compliance certifications;
.
(b) In accordance with paragraph (A)(3) of
this rule, a means for monitoring the compliance of the source with emissions
limitations, standards, and work practices;
.
(c) A requirement that the compliance
certification include all of the following:
(i) The identification of each term or
condition of the permit that is the basis of the certification;
.
(ii) The permittee's compliance status over
the period covered by the certification;
.
(iii) Whether compliance was continuous or
intermittent;
.
(iv) The
method(s) used for determining the compliance status of the source, currently
and over the reporting period as required by paragraph (A)(3) of this
rule; and
.
(v) Such
other facts as the director may require in the permit to determine the
compliance status of the source;
.
(d) A requirement that all compliance
certifications be submitted to the administrator as well as to the
director; and
.
(e) Such
additional requirements as may be specified pursuant to Sections 114(a)(3) and
504(b) of the act.
(D) General Title V permits.
(1) The director may issue a general Title V
permit to any source class or category if the director concludes that the class
or category is appropriate for permitting on a generic basis, including, but
not limited to, a class or category that has numerous similar facilities or air
contaminant sources, or similar federally applicable requirements. No general
permit may be issued for affected sources under the acid rain program unless
otherwise provided in regulations promulgated under Title IV of the
act.
(2) A general Title V permit
may be issued for a source category based upon an application from the owner or
operator of a source within the source category or upon the director's own
initiative. The director shall, following receipt of an application for a
general permit, or upon a determination that issuance of a general permit for a
category of sources may be appropriate, follow the same procedures for
allowance of a general permit as for any other permit issued under this
part.
(3) A general Title V permit
may be issued for any of the following purposes:
(a) To establish terms and conditions to
implement applicable requirements for a source category or for numerous similar
sources; or
.
(b) To
establish federally enforceable caps on emissions from sources in a specified
category or from numerous similar sources.
(4) A general Title V permit issued under
paragraph (D) of this rule shall identify criteria by which sources may qualify
for the general permit. After a general permit has been issued, the owner or
operator of any source may submit a request to be covered under the permit. A
general permit shall apply to the owner or operator of a facility or air
contaminant source only upon application of the owner or operator to, and
acceptance by, the director.
(a) A request for
coverage under a general permit shall identify the source and provide
information sufficient to demonstrate that it falls within the source category
covered by the general permit, together with any additional information that
may be specified in the general Title V permit. Such request shall conform to
the application requirements in the general permit, which may deviate from the
application requirements set forth in rule
3745-77-03
of the Administrative Code, provided that such applications meet the
requirements of Title V of the act, and include all information necessary to
determine qualification for, and to assure compliance with, the general
permit.
(b) The director shall act
to approve or deny the request for coverage under a general permit within
ninety days of receipt.
(c) After a
general Title V permit has been issued in accordance with paragraph (D)(4) of
this rule, the director may grant requests for authorization to operate under
the general Title V permit without repeating the public participation
procedures required under rule
3745-77-08
of the Administrative Code.
(5) A copy of the general Title V permit,
together with a list of sources approved for coverage under it, shall be kept
on file by the director for public review.
(6) A general Title V permit issued under
this section shall provide that any source approved for coverage under a
general Title V permit shall be entitled to the protection of the permit shield
under paragraph (F) of this rule for all operations, emissions, and activities
addressed by the general Title V permit. Notwithstanding these shield
provisions, the owner or operator of any such source shall be subject to
enforcement action for operation without a Title V permit if the source is
later determined not to qualify for the conditions and terms of the general
permit.
(7) If some, but not all,
of a source's operations, emissions, and activities are eligible for coverage
under one or more general permits, the owner or operator of the source may
apply for and receive coverage under the relevant general
permit(s)
permit for the operations, emissions, and activities
that are so eligible. If the owner or operator of the source is required under
this rule to obtain a permit addressing the remainder of the operations,
emissions, and activities at the source, the owner or operator may apply for
and receive a permit that addresses specifically only those items not covered
by one or more general permits. In such a case, the source's permit shall
identify all operations, emissions, and activities that are subject to general
permits and incorporate those general Title V permits by reference.
(E) Temporary sources. The
director may issue a single permit authorizing emissions from similar
operations by the same source owner or operator at multiple temporary
locations. The operation must be temporary and involve at least one change of
location during the term of the permit. No affected source shall be permitted
as a temporary source. Permits for temporary sources shall include
all of the following:
(1) Conditions that will assure compliance
with all applicable requirements at all authorized locations;
.
(2)
Requirements that the owner or operator notify the director at least ten days
in advance of each change in location;
and
.
(3) Conditions that assure compliance with
all other applicable provisions of this rule.
(F) Permit shield.
(1) Each permit issued under this rule shall
include a permit shield provision, which shall state that compliance with the
terms and conditions of the permit (including terms and conditions established
for alternate operating scenarios, emissions trading, and emissions averaging,
but excluding terms and conditions for which the permit shield is expressly
prohibited under this rule) shall be deemed compliance with the applicable
requirements identified and addressed in the permit as of the date of permit
issuance.
(2) Upon written request
of the permit applicant, the director shall include in the permit, or in a
separate written finding issued with the permit, a determination identifying
specific requirements or class of requirements that do not apply to the source
or to one or more emissions units within the source. The permit applicant shall
specify in the request for such a determination the requirements as to which
the determination is requested. If the determination is issued in a separate
finding, that finding shall be summarized in the permit. The permit shall state
that the permit shield applies to any requirements so identified. A request for
a determination to amend the shield to requirements deemed inapplicable to a
source or an emissions unit may be made either in conjunction with the original
permit application or in conjunction with a subsequent application for a permit
modification.
(3) Nothing in
paragraph (F) of this rule or in the permit shall alter or affect
any of the following:
(a) The provisions of Section 303 of the act,
including the authority of the administrator under that section;
.
(b) The liability of an owner or operator of
a source for any violation of applicable requirements prior to or at the time
of permit issuance;
.
(c)
Applicable requirements of the acid rain program, consistent with Section
408(a) of the act; or
.
(d) The
ability of the administrator to obtain information from a source pursuant to
Section 114 of the act.
(G) Emergencies.
(1) Definition. An "emergency" means any
situation arising from sudden and reasonably unforeseeable events beyond the
control of the source, including acts of god, which situation requires
immediate corrective action to restore normal operation, and that causes the
source to exceed a technology-based emission limitation under the permit, due
to unavoidable increases in emissions attributable to the emergency. An
emergency shall not include noncompliance caused by improperly designed
equipment, lack of preventive maintenance, careless or improper operation, or
operator error.
(2) Effect of an
emergency. An emergency constitutes an affirmative defense to an action brought
for noncompliance with such technology-based emission limitations if the
conditions of paragraph (G)(3) of this rule are met.
(3) The affirmative defense of emergency
shall be demonstrated through properly signed, contemporaneous operating logs,
or other relevant evidence showing that
all of the following :
(a) An emergency occurred and the permittee
can identify the cause(s) of the emergency;
.
(b) The permitted facility was being properly
operated at the time;
.
(c)
During the period of the emergency the permittee took all reasonable steps to
minimize levels of emissions that exceeded the emission standards or other
requirements in the permit; and
.
(d) The
permittee submitted notice of the emergency to the director within two working
days of the time when emission limitations were exceeded due to the emergency.
Such notice must contain a description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken. This notice fulfills the
requirements of paragraph (A)(3)(c)(iii) of this rule.
(4) In any enforcement proceeding, the
permittee seeking to establish the occurrence of an emergency has the burden of
proof with regard to the occurrence of the emergency.
(5) The emergency defense provision in
paragraph (G) of this rule is in addition to any emergency or upset provision
contained in any applicable requirement.
(H) Operational flexibility: changes allowed
without requiring permit revisions.
(1)
Changes allowed with seven day advance notice. An owner or operator of a
stationary source with a Title V permit is authorized, and each permit issued
under this rule shall expressly provide such authorization, to make a change,
as provided in paragraphs (H)(1)(a) to (H)(1)(c) of this rule, within the
permitted stationary source without obtaining a permit revision, if such change
is not a modification under any provision of Title I of the act and does not
result in an exceedance of the emissions allowable under the permit (whether
expressed therein as a rate of emissions or in terms of total emissions), and
the owner or operator of the source provides the administrator and the director
with written notification as provided in paragraph (H)(2) of this rule.
(a) Changes that contravene express permit
term. Changes that contravene an express permit term, except for changes that
would violate applicable requirements or contravene federally enforceable
permit terms and conditions that are monitoring (including test methods),
recordkeeping, reporting, or compliance certification requirements.
(b) Emission trades under applicable
implementation plan. Title V permitted sources may trade increases and
decreases in emissions in the permitted stationary source, where the applicable
implementation plan provides for such emissions trades without requiring a
permit revision. This provision is available in those cases where the permit
does not already provide for such emissions trading. Compliance with the permit
requirements that the source will meet using the emissions trade shall be
determined according to requirements of the applicable implementation plan
authorizing emissions trades.
(c)
Emissions trades to comply with federally enforceable cap.
(i) Upon the applicant's request in a Title V
permit application, the director shall issue a permit that contains terms and
conditions, including all terms required under this rule to determine
compliance, allowing for the trading of emissions increases and decreases in
the permitted facility solely for the purpose of complying with a federally
enforceable emissions cap that is established in the permit independent of
otherwise applicable requirements.
(ii) The permit applicant shall include in
its application proposed replicable procedures and permit terms that ensure
that the emissions trades are quantifiable and enforceable. The director shall
not be required to include in the emissions trading provisions any emissions
units for which emissions are not quantifiable or for which there are no
replicable procedures to enforce the emissions trades.
(iii) The permit shall require compliance
with all applicable requirements.
(2) Notification.
(a) Written notification to the administrator
and director required under paragraph (H)(1) of this rule shall be provided a
minimum of seven days in advance of the proposed changes, unless the change is
associated with, or in response to, emergency conditions.
(b) If less than seven days notice is
provided because of a need to respond more quickly to such emergency
conditions, the permittee shall provide notice to the administrator and the
director as soon as possible after learning of the need to make the
change.
(c) The permittee and the
director shall thereafter attach each such notice to their copy of the relevant
permit.
(d) The written
notification required in paragraph (H)(1)(a) of this rule shall include
one of the following :
(i) For sources making changes under
paragraph (H)(1)(a) of this rule, the notification
shall include all of the following :
(a)
A brief description of the change within the permitted facility,
.
(b) The date on which the change will
occur,
.
(c) Any
change in emissions, and
.
(d) Any
permit term or condition that is no longer applicable as a result of the
change;
.
(ii) For sources implementing emission trades
as provided in paragraph (H)(1)(b) of this rule, the
notification shall include all of the following :
(a) When the proposed change will
occur,
.
(b) A
brief description of each change,
.
(c) Any
change in emissions,
.
(d) The
pollutants emitted subject to the emission trade,
.
(e) The provisions in the applicable
implementation plan that provide for the emissions trade with which the source
will comply and any other information as may be required by the provisions in
the applicable implementation plan authorizing the trade, and
.
(f) The permit requirements with which the
source will comply; or
.
(iii) For sources implementing emission
trades as provided in paragraph (H)(1)(c) of this rule,
the notification shall include all of the following :
(a) When the change will occur,
.
(b) Description of the changes in emissions
that will result, and
.
(c) How
these increases and decreases in emission will comply with the terms and
conditions of the permit.
(3) Permit shield. The permit shield provided
under paragraph (F) of this rule shall not apply to changes made under this
paragraph, except those provided for in paragraph (H)(1)(c) of this rule;
however, the protection of the permit shield shall continue to apply to
operations and emissions that are not affected by the change, provided that the
permittee complies with the terms and conditions of the permit applicable to
such operations and emissions. The permit shield may be reinstated for
emissions and operations affected by the change if
either of the following occurs :
(a) If
subsequent changes cause the facility's operations and emissions to revert to
those anticipated in the permit and the permittee resumes compliance with the
terms and conditions of the permit; or
.
(b) If
the permittee obtains a significant modification to the permit pursuant to this
chapter to modify the change in the permit. Nothing in this paragraph shall be
construed as requiring such a modification to be obtained.
(I) Off-permit changes. The owner
or operator of a Title V source may make any change in its operations or
emissions at the source that is not specifically addressed or prohibited in the
Title V permit, without obtaining an amendment or modification of the permit,
provided that all of the following conditions are
met:
(1) The change does not result in
conditions that violate any applicable requirements or that violate any
existing federally enforceable permit term or condition;
.
(2) The permittee provides contemporaneous
written notice of the change to the director and the administrator, except that
no such notice shall be required for changes involving insignificant emission
levels or activities as defined in rule
3745-77-01 of the
Administrative Code, that are not subject to one or more applicable
requirements. Such written notice shall describe each such change, the date of
such change, any change in emissions or pollutants emitted, and any federally
applicable requirement that would apply as a result of the change;
.
(3) The change shall not qualify for the
permit shield under paragraph (F) of this rule;
.
(4) The permittee shall keep a record
describing all changes made at the source that result in emissions of a
regulated air pollutant subject to an applicable requirement, but not otherwise
regulated under the permit, and the emissions resulting from those
changes; and
.
(5) The
change is not subject to any applicable requirement under Title IV of the act
or is not a modification under any provision of Title I of the act.
Paragraph (I) of this rule applies
only to modification or amendment of the permittee's Title V permit. The change
made may require a permit-to-install under Chapter 3745-31 of the
Administrative Code if the change constitutes a modification as defined in that
chapter. Nothing in paragraph (I) of this rule shall affect any applicable
obligation under Chapter 3745-31 of the Administrative Code.
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, 09/16/2003, 02/14/2010
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