# Appendix A Synopsis of PTIO Rule Changes

-44-

## Synopsis of Rule Changes Permit-to-install and operate (PTIO) Program

BACKGROUND Ohio EPA is dedicated to its mission of protecting the environment and public health by ensuring compliance with environmental laws and demonstrating leadership in environmental stewardship. Two ways we strive to meet this mission are by constantly improving the efficiency of our internal processes and ensuring that facilities understand and adhere to permit requirements.
In December of 

### 2003, staff within Ohio EPA's Division of Air Pollution Control (DAPC) completed an analysis of the existing permit-to-install (PTI) and permitto-operate (PTO) programs for non-Title V facilities. Independent from other DAPC initiatives, the purpose of this analysis was to see if improvements could be made to help increase compliance, reduce the staff time required for permit issuance and monitoring, reduce paperwork, simplify the process and clarify requirements for facilities. Based on this internal analysis, DAPC recommended that the non-Title V PTI and PTO programs be combined. Benefits achieved by combining the two programs into one include reduced paperwork, elimination of redundant steps in the process for both facilities and Ohio EPA, reduction in material resource usage, increased staff efficiency and increased compliance with air pollution regulations. Rather than requiring a source to apply for a PTI, which is issued with both installation and operation terms, and then apply for a PTO within a year of construction, the new program will require one application for both a PTI and PTO and both installation and operation requirements will be issued under one document. Director Chris Jones approved the proposed Permit-to-Install and Operate (PTIO) program in February 

### 2004. A team of DAPC staff were subsequently assembled to develop the necessary rules, regulations and processes to implement the new program. This team is called the PTIO Implementation Team. The PTIO Implementation Team developed a series of flowcharts, forms, guidance and rule language changes in early 

### 2006. A public comment period was provided and several comments were received. After review of the comments pertaining to the rule language changes, the PTIO Implementation Team further developed the draft rule language which was opened to the public for comment as follows:

• March 

### 14, 2007

- Interested Parties comment period through April 

### 15, 2007

• March 

### 29, 2007- Interested Parties comment period extended to April 

### 30, 2007.

1

### • May 31, 2007- Interested parties comment period provided for OAC rule 3745-31-01 (KKK) do to the additional of language relevant to the definition for "major stationary source" (not associated with PTIO). Comment period through June 14, 2007

• July 3, 2007

- Proposal to JCARR. Comment period through August 30, 2007.

• August 10, 2007

- Public Hearing. Comment Period extended through August 24, 2007.

• August 13, 2007

- Rules were "to be refiled" (TBR'd) with JCARR (i.e., temporarily removed from JCARRjurisdiction).

• October 23, 2007- OAC rule 3745-31-01 refiled with JCARR to allow the "major stationary source" change to continue.

• November 12, 2007- OAC rule 3745-31-01 JCARR hearing held.

• December 4, 2007- OAC rule 3745-31-01 final filed and effective date set at December 4, 2007.

• January 2, 2008- Rules refiled with JCARR.

• January 22, 2008- Rules TBR'd with JCARR.

• May 2, 2008- Rules refiled with JCARR. 1



### • May 12, 2008- JCARR Hearing.

• June 2, 2008- Rules final filed and effective date set at June 30, 2008. In addition to these changes related to the PTIO program, the following two changes also occurred: • On May 30, 2007, interested parties were provided an opportunity to comment on a change to the definition of "major stationary source" contained in OAC rule 3745-31-01. This amendment was not previously included in the PTIO program rulemaking notice because the changes resulted from revisions to the same definition under the federal program which occurred on May 1, 2007. [72 FR 83, promulgated May 1, 2007, effective July 2, 2007]. This change addresses requirements for "corn milling facilities as well as any facility that produces ethanol by processing carbohydrate feedstock such as corn through a natural fermentation." No comments were received during the comment period.

• After an extensive public participation process, Ohio EPA incorporated the 2002 federal NSR Reform Regulations into Chapter 31 of the Ohio

1AfterJanuary2, 2008 andpriorto this refliing, Ohio EPA exchangedinformalcomments and discussions with severaltrade organizations andtheir attorney inanefforttoresolve concerns raised andcontinue with the rulemakingprocess. Pleasenote thatthe January 2, 2008 refiling resulted inNO changes to the rule language. 2

### Administrative Code ("OAC") in October of 2004. On June 24, 2005, the D.C. Circuit Court of Appeals ("Court") made a decision regarding challenges to the 2002 federal NSR Reform regulations. The results include the vacation of the Clean Unit applicability test and the Pollution Control Project (PCP) exemption. Ohio EPA has provided information to stakeholders during previous rulemaking activity regarding OAC Chapter 3745-31 that we have no intention of implementing the PCP and Clean Unit provisions vacated by the court until such time that the Court, or U.S. EPA, incorporates changes or renders a new decision regarding their vacation. Previously we decided not to amend the OAC to remove these provisions until further decisions are rendered. Ohio EPA has informed stakeholders in the past that we intend to amend the relevant portions of our rule, if necessary, when a final decision regarding the NSR Reform regulations is made in the appellate system. On June 13, 2007, the USEPA adopted a final action to amend their PCP and Clean Unit rules based on the court's decision. [72 FR 113, promulgated June 13, 2007, effective June 13, 2007] Ohio EPA has now decided it is the appropriate time to also amend our relevant rules to remove the PCP and Clean Unit provisions that implemented the vacated federal program. This affects the following rules and is discussed in the remaining portions of this synopsis: OAC rule 3745-31-01(Y), (JJJ), (TTT), (SSSS); OAC rule 3745-31-10(C); OAC rule 3745-31-22(A)(3); OAC rule 3745-31-30; and OAC rule 3745-31-31.

3REORGANIZATION 

### OF OAC CHAPTERS 3745-35 AND 3745-31 In order to combine the PTI and PTO rule language, Ohio EPA rescinded all rules in OAC Chapter 3745-35:

• 3745-35-01 Definitions

• 3745-35-02 Permits to operate

• 3745-35-03 Variances

• 3745-35-04 General Policy

• 3745-35-05 Permit exemptions and registration status

• 3745-35-06 Permits to operate for grain and feed processing operations and fertilizer mixing operations

• 3745-35-07 Federally enforceable limitations on potential to emit

• 3745-35-08 General Permit to Operate The pertinent sections of the above rules were incorporated into various rules of OAC Chapter3745-31. Ohio EPA amended the following rules in OAC Chapter 3745-31:

• 3745-31-01 Definitions

• 3745-31-02 Requirements -renamed "Applicability, requirements and obligations."

• 3745-31-03 Permit to install exemptions -renamed "Exemptions."

• 3745-31-04 Applications

• 3745-31-05 Criteria for decision by the director

• 3745-31-07 Revocation -renamed "Termination, revocation, expiration, renewal, revision and transfer."

• 3745-31-10 Air stationary source obligations -renamed "NSRprojects at existing emissions units at

### a majorstationarysource."

• 3745-31-20 Attainment provisions- innovative control technology

• 3745-31-22 Nonattainment provisions- conditions for approval

• 3745-31-29 General Permit to install-renamed "Generalpermit-to-install andgeneral PT/0."

• 3745-31-30 Clean Unit-renamed "Reserved."NOTE- all the language in this entire rule was stricken as part ofthe NSR Reform changes discussed above. 4

### • 3745-31-31 Pollution Control Project- renamed "Reserved." 

### NOTE- all the language in this entire rule was stricken as part ofthe NSR Reform changes discussed above.

• 3745-31-32 Plantwide Applicability Limit

• 3745-31-33 Site preparation activities prior to obtaining a final permit-toinstall -renamed "Site preparation activities priorto obtaining 

### a final permit-to-install orPT/0." 

### Ohio EPA also rescinded the following existing rules in OAC Chapter 3745-31 and then added all new language. This procedure is required by the legislative service commission (LSC) whenever an agency is striking 50% or more ofan existing rule and

### a comparable amount of new text is being added.

• 3745-31-06 Termination -renamed "Completeness determinations, processing requirements, publicparticipation, public notice andissuance."



### • 3745-31-08 Procedure for decision by director -renamed "Registration status permit-to-operate."



### • 3745-31-09 Air permit to install completeness determinations, public participation and public notice -renamed "Variances on operation." 

### The next three sections ofthis synopsis document identify in detail the significant changes which occurred along with an explanation of the change. This document only identifies the significant portions of the rules that were relocated, stricken and/or amended. This document also does not address identify the language stricken from OAC rules 3745-31-30 and 3745-31-31, necessary due to the NSR Reform changes. Many of the proposed rules in these chapters contained minor administrative changes which are not necessarily identified or discussed in this synopsis. These minor administrative changes include: 1. Incorporating the term "PTIO" when referring the types of permits that will now be covered under OAC Chapter 3745-31 (i.e., permit-to-install or PTIO). 2. Incorporating the word "operation," where appropriate, when language in this chapter refers to installation and/or modification. 3. Changes to cross references. Yellow highlighted Italicized text below represents commentary/explanation.

5

# OAC CHAPTER 3745-31

In order to combine the PTI and PTO rule language, Ohio EPA rescinded all rules in OAC Chapter 3745-35. The pertinent sections ofthe OAC Chapter 3745-35 rules were incorporated into various rules of OAC Chapter 3745-31. This section ofthe synopsis identifies which portions of OAC Chapter 3745- 35 were incorporated into OAC Chapter 3745-31, with references. It also identifies additional language that was incorporated into OAC Chapter 3745- 31 in orderto implement the PTIO program. Significant portions of OAC Chapter 3745-31 were also re-organized for betterflow. These portions are identified in this section ofthe synopsis.

6DRAFTandPROPOSED CHANGES TO OAC CHAPTER 3745-31

3745-31-01 Definitions.

Stricken and reserved due to the same revision to thefederal definition ofClean Unit. [72 FR 113,promulgatedJune 13, 2007, effectiveJune 13, 2007} (NN) "Express permit-to-install" or "express PTIO" means a registration status permit-toinstall or registration status PTTO that is registered for express processing and issuance pursuant to paragraph (F) ofrule 3745-31-05 ofthe Administrative Code and pursuant to the division (A) ofsection 3704.037 ofthe Revised Code. Incorporated (NN) to address new terminology for whathas been referred too, and identified in current OAC3745-31-05 (G) as a "registration status"PTI. This change will reduce confUsion overwhathas always been, andwillcontinue to be, a method for "express"processingof PTIapplications. Itwillalso reduce confusion between the "registration"program thatwas in OAC Chapter 3745-35 aspartof the PTOprogram. Registration status PTOs willno longer exist under the PTIO program becauseall installation andoperatingterms are includedin thePTIO atthe time of issuance, eliminating the need for registration status on operations. However, historical registration statusPTOs aregrandfathered.**~(JJJ)(4)(ej,** lastsentence of(4)tdj@ and(5)Eflj Stricken due to the same revision to thefederal definition of majormodification (due to Clean unit/ pollution controlproject changes)

.. [72 FR 113, promulgatedJune 13, 2007, effectiveJune 13, 2007} (K.l(]()(LLL)

- The "Major stationary source" definition is being amended under both paragraph (2)(a)(xxi) and (4)(t) to incorporate thefollowing: Chemical process plantst except for ethanol production facilities that produce ethanol by natural fermentation included inNAlCS codes 325193 or 312140; This amendment was necessary to address revisions to the same definition under the federal program [72 FR 83, promulgated May 1, 2007, effective July 2, 2007} to address requirements for "corn milling facilities as wellas any facility thatproduces ethanol by processing carbohydrate feedstock such as corn through a natural fermentation. "**~(TTT)(3)tdj** and (3)(fH.cl(Wt Stricken due to the same revision to thefederal definition ofnet emissions increase (due to Clean unit/pollution controlproject changes). [72 FR 113, promulgated June 13, 2007, effectiveJune 13, 2007}

7

### (RRRR)CSSSS) Stricken and reserved due to the same revzswn to the federal definition of pollution controlproject. [72 FR 113, promulgatedJune 13, 2007, effectiveJune 13, 2007} (UCTTJU)CVVVV) "Potential to emit" means the maximum capacity ofan emissions unit or stationary source to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe emissions unit or stationary source to emit an air pollutant, which includes any federally regulated air pollutant as defined in paragraph (DD) ofrule 3745-77-01 ofthe Administrative Code, including air pollution control equipment and restrictions on hours of operation or on the type or amount ofmaterial combusted, stored orprocessed, shallbetreated as part ofits design if the limitation or the effect it would have on emissions is federally enforceable or legally and practicably enforceable by the state. Secondary emissions do not count in determiningthepotentialto emit ofa stationary source. The definitionforpotential to emitfrom OAC 3745-35-07(A) was incorporated into the same definition of this chapter. Both definitions have been approved aspart of Ohio's state implementationplan, one to address new source review, and the other to addressfederally enforceable state operatingpermits (FESOP). FESOPs will not be issued under the PTIOprogram, ratherFEPTIOs (Federally Enforceable Permitto-installandoperate) will be issued. (BBBBB) "PTIO" or "permit-to-install and operate" means permit-to-install and a permit-to-operate applicable to air contaminant sources not located at facilities subjectto Chapter 3745-77 ofthe Administrative Code. This definition was incorporated to address the numerous references topermits-toinstall andpermits-to-operate in the Ohio Administrative Code and Ohio Revised Code. Those terms continue to reflect the type of permits that are issued under the combinedsystem.

Struck thisparagraph as recent amendments to OAC Chapter 3745-17 removed the definitionfor TSP, which is definedas such in this rule. The equivalent federalNSR rules do notdefine TSP.

Replaced the term "TSP matter" with "particulate matter" consistent with the federal equivalent of theNSR rules (see 40 CFR 51.166(b)(23)(i)). (ZZZZZ)CAAAAAA) (2)(Hj and(2)@

8

### Removed these two incorporated references as the references themselves were part oflanguage stricken from paragraph (RRP.R)CSSSS! (due to Clean unit/ pollution controlprojectchanges).
This rule also contains updates to the incorporation by 

### reference section at the end of the rule.

93745-31-02 Applicability,ReEJ:IIirementsreguirements, and obligations. Incorporated "obligations" into the title because a largeportion of OAC3745- 31-10, "Air Stationary Source Obligations, " was movedinto this rule. Addedthe term "applicability" to the title because this rule incorporates suggestednew language to more clearly define whattype of permit is applicable to the various types of sources. This chapterprovides requirements for installation, modification and operation ofnew and existing air contaminant sources at facilities that are not subject to Chapter 3745-77 ofthe Administrative Code. This chapter also provides requirements for installation and modification ofair contaminant sources at facilities that are, orwill be, subjectto Chapter 3745-77 ofthe Administrative Code. The operating requirements for air contaminant sources. defined as Title V sources, can be found in Chapter 3745-77 ofthe Administrative Code. [Comment: Priorto the effective date ofthis rule, requirements for permits-to-operate for sources not subject to Chapter 3745-77 ofthe Administrative Code were contained in Chapter 3745-35 ofthe Administrative Code. Upon the effective date ofthis rule, Chapter 3745-35 was rescinded and all operatingrequirements for sources at facilities not subject to Chapter 3745-77 ofthe Administrative Code were incorporated into this chapter. Rules 3745-31-01 to 3745-31-07 ofthe Administrative Code provide regulatory requirements for installation and modification for all sources. Rules 3745-31-01 to 3745- 31-07 ofthe Administrative Code also provide regulatory requirements for operation of sources at facilities not subject to Chapter 3745-77 ofthe Administrative Code. Rule 3745-31-08 ofthe Administrative Code provides the on-goingregulatory requirements for sources at facilities not subject to Chapter 3745-77 ofthe Administrative Code that previously received registration status for permit-to-operate purposes under the now rescinded Chapter 3745-35 ofthe Administrative Code. Updated requirements for registration status, now defined as express permit-to-install or express PTIOs. are incorporatedinto rule 3745-31-05 ofthe Administrative Code. Rule 3745-31-09 ofthe Administrative Code provides for operation or other use ofan air contaminant source that emits any airpollutant under a variance. This provisionwas previously established inthe now rescinded rule 3745-35-03 ofthe Administrative Code. Rule 3745-31-29 ofthe Administrative Code provides for generalpermits-to-install and general PTIOs. Rule 3745-31-33 ofthe Administrative Code identifies activities that are included and excluded from meaning of begin actual construction, as defined inrule 3745-31-01 of the Administrative Code. Theremaining rules in this chapter, rules 3745-31-10to 3745- 31-28 and rules 3745-31-30 to 3745-31-32 ofthe Administrative Code, provide additional regulatoryrequirements for installation and modification ofair contaminant sources that are located at a major stationary source or are considered major modifications, as defined in rule 3745-31-01 ofthe Administrative Code. Installation or modification ofair contaminant sources that are located at a major stationary source or are considered majormodifications, are, or will become, subject to Chapter 3745-77 of the Administrative Code. The operating regulatoryrequirements for these types of sources are contained in Chapter 3745-77 ofthe Administrative Code.]

10Incorporating the aboveparagraph andcomment to more clearly identifythe changes to, andpurpose of, this chapter. (A) Permit-to-install or**PTIO~** (1) Except as provided in rule 3745-31-03 of the Administrative Code, no person shall cause, permit, or allow the: inst&!latien sfa new semee sfairpellutants, er eause, pe1mit, er &!lew the meaifieatien sf an air eeHtaminant seuree, v?itheut first ebtaiHiHg apermit IS install ffem the aireeter. Lastsentence above wasstruckandincorporated, alongwith additional language, intoparagraphs (A)(l)(a) to (A)(l)(c)below in orderto describe when sources needto apply for thevariouspermits requiredunder this chapter. This does not change the current requirements.

(a) Installation or modification of any new source that is, or will be, part of a facility, as defined in Chapter 3745-77 ofthe Administrative Code, and that is required to obtain a Title V permit under Chapter 3745-77 of the Administrative Code, without first obtaining a permit-to-install from the director; or (b) Installation or modification, and subsequent operation ofanynew source that is not part ofa facility, as defined in Chapter 3745-77 ofthe Administrative Code, and that is not required to obtain a Title V permit under Chapter 3745-77 of the Administrative Code, without first obtaining a PTIO from the director; or [Comment: paragraph (A)(l)(b) ofthis rule is not intended to prohibit any new source, as defined in rule 3745-31-01 of the Administrative Code, currently operating under an effective permit-to-install or permit-to-operate from continuing operation in accordance with those permits. Nor is it intended to prohibit any new source currently operating under an expired permit-to-operate, where a timely and complete application for renewal is pending in accordance with division (C) of section 119.06 ofthe Revised Code, from continuing operation in accordance with the expired permit-tooperate until suchtime as anew PTIO is issued or denied.] (c) Operation ofany air contaminant source, except as provided in rule 3745-31- 08 of the Administrative Code, not defined as a new source under rule 3745-31-01 of the Administrative Code, that is not part of a facility, as defined in Chapter 3745-77 of the Administrative Code, and that is not required to obtain a Title V permit under Chapter 3745-77 of the Administrative Code, without first obtaining authority to operate through issuance ofa PTIO from the director, whichmayinclude: (i) Requirements for equipping the air contaminant source with instrumentation and sensing devices to monitor and record emiSSIOn

11data and other information about the operation ofthe air contaminant source; and (ii) Requirements for performance tests that demonstrate that the source is incompliance with applicable emission limitations and other applicable laws, at the applicant's expense, in accordance with methods prescribed bythe Ohio environmental protection agency. The Ohio environmental protection agency, or its representatives may observe, participate in, or conduct anyperformance test required. 

### Included language from OAC 3745-35-02(C)(2) and (C)(3) as paragraphs (A)(l)(c)(i) and (A)(l)(c)(ii) above. Paragraph (A)(l)(c) above is intended to cover sources which arepre-1974 sources. Chapter 35 included the above two requirements for sources thatfit this category to ensure they would meet certain requirements in the operatingpermit when they were not required to getapermit-to-installormeetBATrequirements. (2) An owner or operator who currently holds a permit-to-install and/or permit-tooperate for an' air contaminant source which permit was issued prior to the effective date ofthis rule, may be issued a PTIO for the same air contaminant source. The director may require the owner or operator ofthe air contaminant source submit an updated application for the PTIO. Upon final issuance ofthe PTIO, any permit-to-install and/or permit-to-operate for the air contaminant source will be superseded bythe issuance ofthe PTIO. The superseded permits will terminate and cease to be enforceable. 

### Incorporating above newparagraph (A)(2) to afford Ohio EPA the ability to, over time, ensure allsources notsubject to Chapter 77 

### (Title V) 

### have all emissions units requiredto bepermittedincorporatedinto thePTIO program with ease. Thisparagraph does notafford OhioEPA the ability to impose requirements notapplicable to asource (e.g., incorporate new BATrequirements), rather it affords Ohio EPA the ability to incorporate existingPTIand/orPTO documents into aPTIOdocument without requiring a revocationprocedure. (2) The ewner er eperater efany air eeRtarninant se!lfee may apply fer a pemrit te install te veluRtarily limit the allewable emissiens frem the air eentaminant se!lfee er limit the 

### twe efair eentaminants autherized te ae emitted frem the air eeRtaminant se!lfee. The direeter shall aet llj'len sueh applieatien in aeeerdanee with the retjUiremoots efrule 3743 31 OS efthe Administrative Cede, previded that paragraphs (A)(3) and (B) efthat rule shall net apply HRless the applieatien is fer the installatien ef a new se!lfee as defined ay rule 3743 31 01 ef the Administrative Cede er is fer a medifieatien ef an air eentaminant seuree as definedbyrule 3743 31 01 efthe Administrative Cede. 

### Language movedto new OAC3745-31-05(F).

12(3) The transferee sf any permit ts install shall asslm!e perssnally the respsnsi-llilities sfthe sriginal permit haMer transferer. The Ohis envirsHmeH!al prsteetisn ageney HUlst lle nstified in 'Nriting sf any transfer sf a permit ts install. Language movedto new OAC3745-31-07(£). (B) Changes in applicability: TitleV versus non-Title V Thisparagraph (B) is new language toprovide requirements forsources that have a change in applicability related to the Title V program. Itdoes not impose any additional requirements comparedto whatexists today. This paragraph is applicable to an owner or operator where a change in the air contaminant source, stationary source, or applicable law results in a change in the requirements applicable to the source under this chapter and/or Chapter 3745-77 of 'the Administrative Code. A change mayinclude, but is not limited to, a modification or major modification as defined in this chapter. a relaxation of a federally enforceable limitation on the potential to emit applicable under paragraph (D) ofrule 3745-31-05 ofthe Administrative Code. or the imposition ofa federally enforceable limitation, or limitation legally and practicably enforceable by the state, on the potential to emit that restricts a stationary source's potential to emit below major source thresholds applicable under paragraph (D) of rule 3745-31-05 of the Administrative Code. (I) The following is applicable to an owner or operatorwho holds a permit-to-install, permit-to-operate and/or PTIO where a change subjects them to the requirements ofChapter 3745-77 ofthe Administrative Code. (a) The owner or operator shall submit a Title V permit application and obtain a Title V permit from the director, as required under Chapter 3745-77 ofthe Administrative Code. (b) Ifthe change is defined as a new source, modification or major modification under this chapter, the owner or operator shall submit the required application and obtain a permit-to-install, as required under this chapter, from the director. (c) Upon final issuance ofthe permit required under paragraph (B)(])(a) ofthis rule, and, ifapplicable. under paragraph (B)(l)(b) ofthis rule, any permitto-operate, and/or any terms and conditions specifically identified in the standard terms and conditions of a PTIO as no longer enforceable under conditions described in paragraph (B)(l) ofthis rule, will be superseded by the issuance ofthe Title V permitrequired under paragraph (B)(l)(a) ofthis rule, and, if applicable, the permit-to-install required under paragraph (B)(l)(b) ofthis rule. All superseded permits-to-operate and specifically superseded terms and conditions ofa PTIO, will terminate and cease to be

13enforceable. As applicable, terms and conditions of any PTIO not superseded will function as thepermit-to-install. Aboveparagraph (B)(J)(c) is necessaryto alleviate burdens with removing non-applicable language from PT!Os orpreviously issuedPTOs when a source makes a change that requires they now obtain a Title V permit. The operatingrequirements of the Title V permitwill replace (supersede) any operatingrequirements of the PTIO thatare identifiedspecifically in the PTIOgeneralterms and conditions assuch while the installation terms remain enforceable. On the otherhand, allterms & conditions of apreviously issued PTO would be supersededby the terms & conditions of a Title V permit. (2) The following is applicable to an owner or operatorwho currentlyholds a Title V permit where a change eliminates the applicability of Chapter 3745-77 of the Administrative Code but the change does not exempt the owner or operator from requirements to obtain a PTIO. (a) The owner or operator shall submit the required application and obtain a PTIO or Federally Enforceable PTIO (FEPTIO) from the director, as required underthis chapter. [Comment: An owner or operator with authority to operate under a Title V permitwhich subsequently makes a change at the facility that eliminates the applicability of Chapter 3745-77 of the Administrative Code is not obligated to obtain a PTIO or FEPTIO if the owner or operator elects to continue to bepermitted underthe Title V permit.] (b) Final issuance ofany permit under paragraph (B)(2)(a) ofthis rule does not release the owner or operator from the reguirements contained in Chapter 3745-77 ofthe Administrative Code or the owner or operator's active Title V permit, except as expressly released in rule. by order ofthe director, or a in a federally enforceable permit. Aboveparagraph (B)(2)(b) is incorporatedbecause OhioEPA currently does not have the authority to supersede Title V permit terms & conditions. ObtainingaPTIOorFEPTIO does not relieve thepermittee from the requirements of their Title V permit. Any rulemaking thatwould include this wouldbe incorporated into Chapter3745-77or in the terms & conditions of the Title V permit. (C) Permanent shutdown ofan air contaminant source subject to the terms and conditions ofa permit-to-install orPTIO When expressly provided in the terms and conditions ofa permit-to-install or PTIO, the owner or operator of an air contaminant source that is permanently shutdown maybe relieved from certain requirements in the terms and conditions ofthe permit14

### to-install or PTIO, without obtaining a modification or administrative modification, upon meeting the requirements specified in the permit for permanently shutting down air contaminant sources. Those terms and conditions for which the owner or operator is relieved will cease to be enforceable upon meeting the requirements for permanently shutting down air contaminant sources contained in the terms and conditions ofthe permit. Aboveparagraph (C) is new language to allow Ohio EPA to alleviate burdens associated with removing non-applicable languagefor air contaminant sources that are PERMANENTLYshutdown. Although the installation terms of apermit always remain effective and enforceable, when an air contaminant source is permanently shutdown, operation terms are no longer needed. The appropriate operational terms and conditions which meet these criteria will be clearly identified in the standard terms and conditions of the permit, including requirements that the authorized/responsible official certifYthepermanence of the shutdown. fB-)Q2l_The director, in his or her discretion, may issue an order requiring any person planning to install or modify, or in the process of installing or modifying, any air contaminant source as defined in rule 3745-31-01 ofthe Administrative Code, 

### vffiieh are that is otherwise exempted, to obtain apermit-to-install or PTIO, before proceeding with installation ormodification, ifin the director'sjudgment, operation ofthe air contaminant source after installation or modification might result in a violation of the criteria established inparagraph (A) ofru1e 3745-31-05 ofthe Administrative Code. 1-Gj@l_ 

### The director, inhis or her discretion or where required to do so byfederal laws or regulations, may issue a single permit-to-install or PTIO having application to all pollutants ofany kind emanating from any air contaminant source, or issue a single permit-to-install or PTIO having applicability to more than one air contaminant source, controlledbya common owner or operator, locatedinthe same county. (F) 

### The approval to construct and/or operate under this chapter shall not relieve any owner or operator of a stationary source ofthe responsibility to comply fully with applicable provisions ofthis chapter and any other requirements under local, state or federal law. Aboveparagraph (F) incorporates the requirements of former OAC 3745-31- 10(A) and OAC3745-35-02(0). (G) 

### Ifany provision ofthis chapter or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis chapter, or the application ofsuch provision to persons or circumstances other than those as to which it is held invalid, shall notbe affected thereby. Aboveparagraph (G) incorporates the requirements of former OAC3745-31- 10(E).

153745-31-03 Permit te install SJ(effij'ltiensExemptions.

(A) (1)

(4) (t) An incinerator located at a dwelling designed and used to dispose of residential wastes and having a capacity for serving ne mere than five six or fewer households orunits per dwelling.

Incorporates OAC3745-35-05(A)(l)(b).

(b) Emergency electrical generators, emergency firefighting water pumps, or emergency air compressors powered by internal combustion engines greater than fifty horsepower (37.3 Kilowatts) where each engine operates at any one facility for no more than five hundred hours per rolling twelvemonth period and where such engine burns gasoline, natural gas, distillate oil (with less than or equal to 0.5 per cent by weight sulfur), or liquid petroleum gas and that maintains the following records:

Removedthe term "firefighting" atcommenters' request. This exemption limitedthe types of emergency waterpumps that couldbe exempted from obtainingapermit to only those involving firefighting. Other types of emergency waterpumpsneededby facilities were notable to benefit from this exemption. (5) De minimis exemption Air contaminant sources which meet the requirements ofrule 3745-15-05 ofthe Administrative Code and section 3704.011 ofthe Revised Code are exempt from the requirements ofthis chapter. Incorporates language from OAC3745-35-02(A)(4).

163745-31-04 Applications.

Incorporation ofOAC3745-35-06 into aboveparagraph (D) below. (D) PTIO applications for gram and feed processing operations and fertilizer mixing operations (1) A singlePTIO applicationmaybe submitted for the following sources: (a) Shellers, hammer mills and aspirated bagging operations and other air contaminant sources subject to rule 3745-17-11 ofthe Administrative Code and which are located at a stationary source which constitutes a grain and feed processing operation. (b) Air contaminant sources which are subject to rule 3745-17-11 of the Administrative Code and which are located at a stationary source which constitutes a fertilizer mixing operation. (2) A PTIO application for air contaminant sources offugitive dust at grain and feed processing operations or a fertilizer mixing operation and which are subject to rule 3745-17-08 of the Administrative Code shall be submitted in accordance with applicable law.

173745-31-05 

### Criteria for decision bythe director.

(A) Permit-to-install orPTIO+he director shall issue a permit-to-install, onthe basis of the information appearing in the application, or information gatheredbyor furnished to the Ohio environmental protection agency, orboth, ifhe determines that the installation ormodification and operation ofthe air contaminant sourcewill: Shifting lastsentence in aboveparagraph (A) down below toprovide for title header toparagraph (A).

The 

### director shall issne a permit-to-install or PTIO, 

### on the basis of the information appearing in the application, or information gathered by or furnished to the Ohio environmental protection agency, or both, if he/she 

### determines that the installation-er, modification arulor 

### operation of the air contaminant source will: TheBATrequirements below are beingexpandedonly to clarify when evaluations anddeterminations occur .. (3) EmployBAT, eJ<eeptwhen applicable. in accordance with the following: (a) BAT shall be evaluated, determined and required in either the initial permitto-install or PTIO issued for an air contaminant source or when a modification of the air contaminant source results in the issuance of a permit-to-install orPTIO, except: (i) BAT is not required if the air contaminant source was installed on or before January I. 1974; (ii) BAT is not required if the air contaminant source was installed or modified on or after August 3, 2006 and has the potential to emit, taking into account air pollution controls installed on the source, less than ten tons per year ofemissions of an air contaminant or precursor ofan air contaminant for which a national ambient air quality standard has been adopted under the Clean Air Act; Eaj(iii) 

### When.!.fthe onlyrequirement to obtain a permit-to-install orPTIO is due to the following, any existing BAT determination, when applicable, remains in effect and BAT shall not be reevaluated and redetermined: fij@LA modification as a result of the requirements of paragraph

- (PPP)(l)(il) (QQQ)(l)(b) ofrule 3745-31-01 ofthe Administrative Code; or (Hj@_The requirements ofparagraph**~ill** ofthis rule 3745 31 02 sfthe AEiministFati're Csae, ;__or,

18{c) An administrativemodification. (b) 'NheH the Hew ormoEiifieEi air eontamiHant soHFee is iHstalled ormoEiifieEi OH or after August 3, :2008 aaEi has thejlotential to emit, takiHg into aeeolffit air jlOllatioH eoHtrols iHstalleEi OH the soHFee, less thaH teH toRs jlOr year of emissioHs ofaH air eontamiHaHt orjlreeHFsor ofaH air eontamiHant for whieh a HatioHal am'eient air EtHality staaEiarEi has beeR aEiojlteEi HHEierthe CleaaAir Aet-cFor air contaminant sources subjectto an existingBAT determination, BAT shall bereevaluated and redetermined when a modification ofthe air contaminant source(s) occurs.



### Moved (3)(b) up to (3)(a)(ii). Addingnew language to clarifYrequirement to continue to comply with existingBATuntil a "modification" as defined in OAC3745-31-01 triggers the need for a new determination. This is not a change from current requirements. (c) Except as provided in paragraph (A)(3)(b) of this rule, BAT shall not be reevaluated and redetermined when a PTIO is renewed, notwithstanding a modification as defined in rule 3745 31 01 of the Administrative Code. However, any existing BAT determinationremains ineffect. (d) BAT may be reevaluated and redetermined at any time, in accordance with the definition ofBAT contained in rule 3745 31-01 ofthe Administrative Code, based on data available at the time the air contaminant source was initiallyinstalled or most recentlymodified, whichever occurs later. (e) Any reevaluated and redeterminedBAT shall be in effect upon completion of the physical change or change in the method of operation or, when a physical change for change in the method of operation is not applicable, upon issuance ofthe permit to-install or PTIO. Prior to completion ofthe physical change or change in the method of operation or issuance of the permit to install or PTIO, any existing BAT determination remains in effect.



### Incorporated (e) to clarifY when a reevaluation ofBAT for an existing source mustbe compliedwith. For example, an existing unitmay be issued aPTIwith a new BATrequirement b/c a modification will be constructed. However, it requires a physical change which isn't effective until construction is completed. Therefore, theprevious BATremains in effect until construction is complete and operation begins of the physical change. (B) During operation, the air contaminant source shall be in compliance with applicable rules and laws or if either required by rule or when the director determines it is necessary, the owner or operator shall be required to submit an approvable compliance plan, as required by division (G) ofsection 3704.03 ofthe Revised Code, for incorporation into the permit terms and conditions. A compliance plan shall be approvable where it shows to the satisfaction ofthe director that: 19(1) Operation ofthe air contaminant source under the compliance plan will result in compliance with all applicable requirements and laws as expeditiously as practicablebut no laterthan any date requiredby applicable law; (2) All reasonable interim control measures are identified; and (3) Where applicable, is consistent with and at least as stringent as any compliance schedule contained in any judicial consent decree or administrative order to which the air contaminant source is subject. 

### Added language under above paragraph (B) to include the ability for

complianceplans to be built into a PTIO as they werepursuant to OAC 3745-35-02(C)(l). (C) Conditional PTIOs If a new source that has been constructed, installed, located or modified in accordance with the provisions of a permit-to-install or PTIO, and otherwise in accordance with applicable Jaw, is not subject to Chapter 3745-77 of the Administrative Code, is unable to comply with the terms and conditions of the permit and/or applicable law as ofthe date the source began operation, the director may grant a conditional PTIO to operate such source provided the owner or operator provides sufficient information to demonstrate: (1) The period is used to remedy any defect which prevents such compliance and the applicant demonstrates that compliance with emission standards prescribed by applicable law will be achieved as expeditiously as practicable; and (2) Any reasonably available alternative operating procedures and interim control measures have been used or will be usedto reduce excess emissions; and (3) The continued operation ofthe source pursuant to the conditional PTIO will not endanger orthreaten to endangerhuman health. Conditional PTIOs shall contain such terms and conditions as the Ohio enviromnental protection agency determines necessary and appropriate. 

### Incorporating languagefrom OAC3745-35-02(H) underaboveparagraph (C). (D) Special terms and conditions including federally enforceable limitations on potential to emit 

### Paragraphs (D)(l) to (D)(4) below incorporate OAC 3745-35-07FESOP (federally enforceable state operating permit) requirements into this rule. Other parts of Chapter 3745-31 are also relocated herefrom other rules in the chapter or other paragraphs in this rule, as identifiedspecifically below.



### 20The director may impose such special terms and conditions as are appropriate or necessary to ensure compliance with the applicable laws and to ensure adequate protectionofenvironmental quality. (I) Special terms and conditions necessary to ensure compliance with requirements mandated by the Clean Air Act, which include regulations promulgated by the administrator there under, include svnthetic minor emissions unit terms and conditions issued in a permit-to-install or PTIO and/or Federally Enforceable PTIO (FEPTIO). Such terms and conditions shall be federally enforceable and may restrict a stationary source's potential to emit below major source thresholds, below thresholds for other Clean Air Act requirements, or place other restrictions on an air contaminant source or stationary source in order to avoid a Clean Air Act requirement(s). Federally enforceable terms and conditions, including limitations on the potential to emit of a source, will be designated as such through one ofthe following: 

### The above paragraph (D)(l) (and subparagraphs (a) to (c) below) incorporate oldparagraph (C) ofthis rule. The language is clarified to show that under the PTJOprogram we can have a synthetic minorPTIor a FEPTJO (federally enforceable permit to install and/or operate). The paragraph also identifies that restrictions may take other forms other than just an emission limit and will befederally enforceable 

### ifthe restriction is to avoida federal ClearAirActrequirement. (a) Terms and conditions ofa final permit-to-install issued under this chapter; or (b) Terms and conditions ofa final FEPTIO issued under this chapter; or [Comment: In 59 FR 53586, October 25, 1994, (as revised in 60 FR 55200, October 30, 1995), the United States environmental protection agency approved rule language providing for the creation ofa program for issuing federally enforceable state operating permits. See former rule 3745-35-07 of the Administrative Code. That approved rule language has been incorporated inparagraphs (D)(l) to (D)(4) ofthis rule. Consequently, such designated terms and conditions imposed in an FEPTIO under the approved program elements contained in.the language ofparagraphs (D)(!) to (D)(4) ofthis rule will be considered federally enforceable as ofthe effective date of this rule, unless and until the United States environmental protection agency later disapproves the language.] 

### The above comment was incorporated after discussions with Region Vstaff to allowfor Ohio EPA to removeparagraph 3745-35-07(D) and retain the previous SIP approval until the relocation of rule language is approved. (c) Rules or orders of the director that are submitted to and approved by the administrator as revisions to the Ohio state implementation plan under Section II0 and 112(1) ofthe CleanAir Act.

21(2) In order to be federally enforceable, a limitation on the potential to emit ofan air contaminant source or stationary source must: (a) Specify an annual limit on emissions from the source; (b) Specify a short-term limit on emissions for each pollutant to be restricted, and specify a short-term limit on production or operation, provided that for purposes oflimiting potential to emit, acceptable short-term limitations on production or operation shall include but notbe limited to: (i) A thirty-day summation limitation or three-hundred and sixty-five day rolling summation limitation computed each calendar day; (ii) A monthly limitation; or (iii) A rolling twelve-month summation limitation; and (c) Specify adequate and enforceable methods for establishing compliance with the annual and short-term limits, using methods from 40 CFR Part 60, Appendix A or40 CFRPart 51, Appendix M where appropriate; and (d) Be no less stringent than any federally applicable requirement to which the source is subject; and (e) Be contained in a permit first issued as a draft or proposed action with an opportunity for public comment under rule 3745-47-05 of the Administrative Code with concurrent notice and opportunity for comment given to the administrator of the United States environmental protection agency region five. During the public comment period, ifthe administrator objects that the terms and conditions of the permit are not federally enforceable, the director shall not issue the permit until such objection has beenresolved. (3) Only those terms and conditions issued in a permit under this chapter and in accordance withparagraph (D)(2) ofthis rule that are necessary to avoid a Clean Air Act requirement(s), including a limitation on the potential to emit ofan air contaminant source or stationary source, and expressly designated as federally enforceable, shall be federally enforceable. (4) Upon the request ofthe owner or operator, any ofthe mechanisms provided in paragraph (D)(l) ofthis rule shall allow for trading ofemissions increases and decreases among air contaminant sources located at the same stationary source that is consistent with the Clean Air Act for the purpose of complying with a federally enforceable cap on the potential to emit ofthe source. Such limitations shall ensure that the trades are quantifiable and enforceable and require sevenday advance notification to the appropriate Ohio environmental protection agency district office or delegated local air agency.

22(5) Relaxation offederally enforceable limitations At such time that a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any federally enforceable term and condition or limitation established after August 7, 1980, on the capacity ofthe stationary source or modification otherwise to emit an air pollutant, such as a restriction on hours of operation, the requirements of rules 3745-31-10 to 3745-31-27 and 3745-31-30 to 3745-31- 32 of the Administrative Code shall apply to the stationary source or modification as though construction had not yet commenced on the stationary source ormodification.

Paragraph (D)(5) above is relocated from OAC3745-31-JO(B). (B) In deeiffiHg vffiether le grant er deHy a permit te ffistall, the direeter may take ffite eeHsideratieH the seeial and eeeHemie impaet ef the air eeHtamffiants, '>Vater**pellt~tanls,** er ether adverse eHvireHTHeHial impaet that may be a eeHSeE)tleHee ef**isst~anee** efthe permit te iHstall. Relocatedlanguage in above old paragraph (B) to new paragraph (I) of this rule.

(G)(E) State-only enforceable limitations+he director may impose such special terms and conditions as are appropriate ornecessaryto ensure compliance withthe applicable laws and to ensure adequate protection ofenvironmental quality. Special terms and conditions necessaryto ensure compliance with requirements mandatedbythe Clean AirAct or regulations promulgated by the administratorthereunder, including synthetic minor emissions unit conditions that restrict the stationary source's potential to emitbelow major size cutoffs, shall be federally enforceable and designated as such in thepermit-toinstall. The directormayimpose terms and conditions necessaryto ensure compliance with anyprovisions ofthe statutes orregulations ofthe state ofOhio that are not mandatedbythe Clean AirAct orregulations adopted bythe administrator thereunder, but such terms and conditions shallbe enforceable as state law only, and shall be designated as such in the permit-to-install. The textabove is moveddown to theparagraph below in order to create a title for thisparagraph. The direeter may impese**st~eh** speeial terms and eeHffitieHs as are apprepriate er Heeessary te eHsHFe eemplianee with the appheable lavts aHd te eHsHFe**ade~jt~ate** preteetieH ef ew;ireHmeHial E)tlality. Speeial terms and eeHditieHs HeeessaF)' te**eHst~re** eemphanee with**re~Jl±iremeHis** mandated by the Clean Air Aet er**regt~latieHs** premHigated by the adrnimstrater**theret~Hder, iHelt~diHg**  syHtlletie miHer emissieHs HHit eeHffitieHs that restriet the statieHary seHFee's peteHtial te emit belew majer size eHteffs, shall be federally eHfereeable and desigHated as**st~eh** iH the permit te iHstall. +he 

### director may impose terms and conditions necessary to ensure compliance with any provisions of the statutes or regulations of the state of Ohio that are 23not mandated by the Clean Air Act or regulations adopted by the administrator thereunder, but such terms and conditions shall be enforceable as state law only, and shall be designated as such in the permit-to-install, PTIO or FEPTIO._ The beginning, strickenportion of old paragraph (C) (newparagraph (E)) above has been movedto newparagraph (D)(l) of this rule. (F) Voluntarylimits on allowable emissions The owner or operator of any air contaminant source may apply for a permit-toinstall or PTIO to voluntarily limit the allowable emissions from the air contaminant source or limit the type of air contaminants authorized to be emitted from the air contaminant source. The director shall act upon such application in accordance with the requirements of this rule. provided that paragraphs (A)(3) and (I) of this rule shall not apply unless the application is for the installation ofa new source as defined by rule 3745-31-01 of the Administrative Code or is for a modification of an air contaminant source as definedbyrule 3745-31-01 ofthe Administrative Code.
Newparagraph (F) above relocates the requirementsfrom old OAC 3745-31- 02(A)(2). (G) Express permit-to-install or express PTIO processing Amending language in paragraph (G) and it's subparagraphs to clarifY new terminology of PT/0 "express"processing. fl)tQl_An applicant whose air contaminant sourceEsj meets the following criteria may request in writing that the air contaminant source's(s) lle issued an - application receives express permit-to-install (registratien status)or express PTIO processing as defined in rule 3745-31-01 ofthe Administrative Code. In order to be considered for express Jleflllit te install processing (registratien status), the aircontaminant source owner oroperatormust: (a) Apply for a permit-to-install or a PTIO for a source undergoing installation ormodification as defined inrule 3745-31-01 ofthe Administrative Code. E±f\.hl_Submit a completepermit-to-install or PTIO application,**~{<1_** Demonstrate compliance with all applicable law ineluEling tile elllJlleyment efBAT, f:B@l_Have maximum uncontrolled emissions as defined in rule 3745-31-01 of the Administrative Code ofless than five tons per pollutant per each year for particulatematter, sulfurdioxide, nitrogen oxides, and OCs, (4j.(tl_Not be subject to the United States environmental protection agency new sourceperformance standards, and

24fBffi_Not be subject to the national em1sswn standards for hazardous air pollutants or a United States environmental protection agency promulgated standard for HAPs. 'Nithin siJlt)' Eiays ef the reeeijlt ef a eemplete reEJ:Hest, the Eiireeter shall netify the applieallt whether the air eentaminallt se!lfee will be aeeepteEi fer eli:Jlress permit te install preeessing (registratien stat\ls). ffistallatien er eenstruetien effue air eentaminallt se\lfee may eemmenee after siJlty Eiays iffue applieant has net been netifieEi er llflen fue issaanee effue eJi:fJress permit te install (registratien statas).

Relocatingabovestrickenparagraph into new OAC3745-31-06(E)(4)(a). +he issuance of an express permit-to-install (registration status) does not relieve the applicant from compliance with any applicable air pollution control requirement (including the requirement to apply for a permit-tooperate) and is at the discretion ofthe director.

Relocatingaboveparagraph into newparagraph (G)(2) below. (2) The issuance of an express permit-to-install (registratien stat\ls) or express PTIO does not relieve the applicant from compliance with any applicable air pollution control requirement (ineiHEiing fue reEJ:Hirement te apply fer a permit te eperate) and is atthe discretion ofthe director._ (H) Site approval for portable sources (B)illJn determining whether the director issues a site approval for a portable source, the applicant must demonstrate that the following criteriahavebeenmet: fliilll_The portable source continues to complywith the currently effective Ohio environmental protection agencypermit-to-install PTIO or eJlpress permit te install (registration status), anEi/er any applieable permit te eperate.**~fhl_The** portable source was issued a permit-to-install or PTIO and where BAT requirements were defined in that permit-to-install or PTIO, the portable source continues to complywith any applicable BAT requirements.**~[£l_The** portable source owner has identified the proposed site to Ohio environmentalprotection agency. (4-t(cll_Ohio environmental protection agency has determined that the portable source, at theproposed site, willhave an acceptable environmentalimpact. fB\.tl_A public notice, consistent with Chapter 3745-47 of the Administrative Code, is published inthe county where theproposed site is located.

25

### t6fffi_ The owner ofthe proposed site has provided the portable source owner with approval or equivalent declarationthatitis acceptable to the site owner to move the portable sourceto thisproposed site. f+t(gl_The portable source owner has provided Ohio environmental protection agencywith fifteen days advance writtennotice ofthe relocation. Aft)' site aJ3J:lrevals**iss~oteEi** lly Ollie eEYirenmelltalJ:lreteetieR ageEey shall

## a e valiEi fur ne IengerthaR three years ana are sl!lljeette reRewal. Relocating above stricken paragraph to new OAC 3745-31-07(C)(2) and paragraph (H)(2) below. [Comment: Relocation ofany portable source that results inthe installation ofa major stationary source or the modification of a major stationary source must also meet all applicable requirements under this chapter, including the requirement to obtain a permit-to-install or PTIO prior to relocation. Relocation ofany portable source that results in the creation ofa major source, as defined in rule 3745-77-01 ofthe Administrative Code, must also meet all applicable requirements under the Title V program contained in Chapter 3745- 77 ofthe Administrative Code, which may include the requirement to apply for a TitleV permit.] (2) Site approvals expire and are renewed according to paragraph (C)(2) of rule 3745-31-07 ofthe Administrative Code. (I) In deciding whetherto grant or deny a permit-to-install or PTIO, the director maytake into consideration the social and economic impact of the air contaminants. water pollutants, or other adverse environmental impact that may be a consequence of issuance ofthe permit-to-install orPTIO.

Above language inparagraph (I) isfrom oldparagraph (B) of this rule. (F) The ffireeter may meEiify the site awreval te ada er Eielete eertaiRJ:lertallle semees er aEiEi erEielete eertaiR terms ana eenEiitiens as aJ:lJ:lrejlriate. Relocatingto new OAC3745-31-07(D)(2). (G) Vlithin ene hHREireEi eighty Eiays after a eeffijlleteEi aJ3J:llieatien is files, the Eiireeter shall**iss~ote** er J:lreJ:lese te issae er Eieny a J:lermit te iRslaller ellJ:lFeSS jlermit te install (registratieR status), ana saeh aetien shalllle iR aeeerEianee ·.vith ChaJ:ller 3745 47 ef the AEimiRistratiYe CeEie. Relocatingto new OAC3745-31-06(E)(2)(a) and (E)(4)(b).



### 263745-31-06 Completeness determinations, processing requirements, public participation, public notice, and issuance. Due to the significant number of changes thatwouldhave occurredto this rule, the LegislativeService Commission requires rule makers to rescindthe existing rule and develop a new rule. The rescindedrule, entitled "Termination", containedtwo paragraphs. Paragraph (A) of the rescindedrule read: (A) A permit-to-install shall terminate within eighteen months ofthe effective date of the permit-to-install if the owner or operator has not undertaken a continuing program of installation or modification or has not entered into a binding contractual obligation to undertake and complete within a reasonable time a continuingprogram ofinstallation ormodification. It is being incorporated into new OAC3745-31-07(A)(l). Paragraph (B) of the rescinded rule read: (B) The director maymodify a permit-to-install to extend these dates ofexpiration by up to twelve months ifthe applicant submits, within a reasonable time before the termination date, an application for modification, containing information that, in thejudgment ofthe director, adequatelyjustifies an extension oftime. No appeal taken from denial ofextension ofan expiration date shall prevent termination ofa permit during the period between denial ofextension and fmal disposition ofthe appeal unless prohibited by any court or administrative body havingjurisdiction overthe matter. Is being incorporated into new OAC3745-31-07(A)(2) andwe have replaceduse of the word "expire" with "terminate" to be consistentwith ORC3704.03(F) andthe other language contained in theseparagraphs. The new language of the rule follows: (A) Completeness review time restriction Within sixty days after the director or his/her agent or authorized representative receives an application for the issuance of a permit to install or PTIO pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code, or an application to modify such a permit, the director shall determine whether the application is substantially complete or materially deficient and shall notify the applicant, in writing, of the determination. If the director fails to make such a completeness determination and provide written notice of the determination to the applicant within sixty days after the application was submitted, the applicant may submit a written request to the director for the making of such a completeness determination.

27Newparagraph (A) above, incorporates language from oldOAC3745-31-09(A). (B) Request for completeness determination Within thirty days after receiving a written request for the making ofa completeness determination on an application under paragraph (A) ofthis rule, the director shall determine whether the application is substantially complete or materially deficient and, in writing, notify the applicant ofhis/her determination. Ifthe director fails to make a completeness determination and provide written notice of his/her determination to the applicant within thirty days after receiving the applicant's written request for the making ofthe determination, the application shall be deemed to have been complete in all material respects at the time that it was submitted to the director orhis/her agent or authorized representative. Newparagraph (B) above, incorporates languagefrom old OAC3745-31-09(B). (C) Materially deficient applications If, within the time prescribed in paragraph (A) and, ifapplicable, paragraph (B) of this rule, the director or his/her agent or authorized representative determines that an application is materially deficient, the director shall return the application to the applicant. The running ofthe time prescribed underparagraph (A) ofthis rule and, if applicable, paragraph (B) of this rule ceases at the time that the determination is made. Ifthe applicant subsequentlyresubmits the application to the director, the time prescribed in paragraph (A) ofthis rule and, ifapplicable. paragraph (B) ofthis rule shall resume running at the time that the application is resubmitted. The resubmission of the application constitutes a request for the making of a completeness determination on the application. The director shall do one of the following within the time remaining pursuant to paragraph (A) and, if applicable, paragraph (B) ofthis rule at the time thatthe application is resubmitted: ( 1) Make a completeness determination on the application and, in writing. notify the applicant ofhis/her determination; (2) Issue ordeny orproposeto issue orpropose to deny the permit ormodification. Newparagraph (C) above, incorporates language from old OAC3745-31-09(C). (D) Completeness date notification The director shall include in each written notice of the completeness of an application provided under paragraph (A), (B), or (C)(l) of this rule the date on whichthe application was determinedto be complete. Newparagraph (D) above, incorporates languagefrom old OAC3745-31-09(D). (E) Permit decision time limits and issuance or denial

28Incorporatednewparagraph (E), andassociatedsubparagraphs below,from old OAC3745-31-09 butalso clarifyingthe language andaddingadditional language for the different scenarios under thePTIOprogram. A permit-to-install or PTIO shall be issued, modified or denied and may be challenged in accordance with the provisions of the rules ofprocedure ofthe Ohio environmental protection agency, Chapter 3745-47 ofthe Administrative Code. The aboveparagraph is incorporatingold OAC3745-35-02(£) and OAC3745-31- 08. (!)Forthe purposes ofthis paragraph, "initial construction PTIO" means a PTIO for an air contaminant source that is not currentlyregulated under apermit-to-install or PTIO. (2) Permit-to-install, initial construction PTIO, ormodification (a) The director shall issue or deny or propose to issue or deny a permit-toinstall or initial construction PTIO pursuant to rules adopted under division (F) of section 3704.03 ofthe Revised Code, or modification, as defined in rule 3745-31-01 of the Administrative Code, of such a permit within one hundred eighty days after the date the application for the permit or modification was determined to be complete as that date is set forth in the written notice of the determination ofthe completeness of the application provided under paragraph (A), (B), or (C)(!) of this rule or within one hundred eighty days after the application is deemed to he complete under paragraph (B) of this rule, as appropriate. If the director fails to issue or deny or propose to issue or deny the permit or modification within the appropriate one-hundred-eighty-day period, the applicant may bring a mandamus action to obtain ajudgment that orders the directorto take a final action on the application. (3) PTIO for air contaminant sources currentlyregulated under a permit-to-install (a) The director may issue or deny or propose to issue or deny a PTIO, where the applicant holds a previously issued permit-to-install for the same air contaminant source, pursuant to rules adopted under division (F) ofsection 3704.03 ofthe Revised Code as expeditiously as practicable, except: (i) When the air contaminant source is considered a modification as defined in rule 3745-31-01 ofthe Administrative Code, then paragraph (E)(2) ofthis rule shallbe applicable. (4) Express permit-to-install or express PTIO (a) Within sixty days of the receipt of a complete request, the director shall notify the applicant whether the air contaminant source will be accepted for express processing ofa permit-to-install or PTIO pursuant to paragraph (F) 

### 29ofrule 3745-31-05 ofthe Administrative Code. Installation or construction of the air contaminant source may commence after sixty days if the applicant has not been notified or upon the issuance ofthe express permit to-install or express PTIO. 

### Above newparagraph (E)(4)(a) incorporates old OAC3745-3I-05(D)(5) (b) Within one hundred eighty days after a completed application is filed, the director shall issue or deny orpropose to issue or deny an express permit-toinstall or express PTIO. 

### Abovenewparagraph (E)(4)(b) incorporates old OAC3745-3I-05(G) (5) Administratively modifiedpermit-to-install orPTIO (a) The director mayissue or deny or propose to issue or deny apermit-to-install or PTIO that meets the definition ofan administrative modification in rule 3745-31-01 of the Administrative Code, pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code, as expeditiously as practicable.



### Incorporating above paragraph (E)(5) to identifY that administrative modifications ofapermit may occur that do not have to meet the same requirements as changes to a permit resultingfrom a modification as defined in OAC3745-3I-OI. (6) Renewal PTIO (a) The director shall issue or deny or propose to issue or deny a renewal PTIO pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code within one hundred eighty days after the date the application for the renewal PTIO was determined to be complete as that date is set forth in the written notice of the determination of the completeness of the application provided under paragraph (A), (B), or (C)(l) of this rule or within one hundred eighty days after the application is deemed to be complete under paragraph (B) of this rule, as appropriate. If the director fails to issue or deny or propose to issue or deny the renewal PTIO within the appropriate one hundred eighty day period, the applicant may bring a mandamus action to obtain ajudgmentthat orders the director to take a final action onthe application. 

### Incorporatedaboveparagraph (E)(6)(a) consistentwith ORC3704.03.4(E). (b) In accordance with division (C) ofsection 119.06 ofthe Revised Code, when an applicant submits a timely and complete renewal application pursuant to applicable law and the terms and conditions of the PTIO, the permittee's failure to have a renewed PTIO is not a violation of this chapter. Upon expiration of the PTIO. the permittee shall continue to operate under the 30terms and conditions ofan expired PTIO until issuance ofa renewal PTIO bythe director. 

### Incorporatedaboveparagraph (E)(6)(b) consistentwith ORC 119.06(E). (F) Extension ofthe permit review timeperiod for the public The director, upon his/her own motion or upon the written request ofthe applicant and in writing, may extend the time provided under paragraph (E) ofthis rule for issuing or denying or proposing to issue or deny the permit or modification for an additional sixty days if a public meeting or public hearing was held on the application for the permit or modification. 

### Aboveparagraph (F) incorporates old OAC3745-31-09(F) (G) Extensions ofthe permit review time period for the applicant Upon the written request ofthe applicant, the director, in writing, may extend the time provided underparagraph (E) ofthis rule for issuing or denying or proposing to issue or deny the permit or modification for the additional time specified in the applicant's request for the extension. 

### Aboveparagraph (G) incorporates old OAC3745-31-09(G) (H) Public participation/notification requirements 

### This paragraph (H), and associated subparagraphs, incorporates old OAC 3745-31- 09(H). The director shall: (1) Notifythe public, by advertisement in a newspaper ofgeneral circulation in each county in which the proposed air contaminant source would be constructed and operated, ofthe application, the draft action (ifissued), the ambient air impact that is expected from the nonattainment NSR permit or the PSD permit, ifany, and of the opportunity to request a public hearing, comment at that public hearing and/or submit written comments on any draft action. This notice shall follow the requirements under Chapter 3745-47 ofthe Administrative Code. (2) Send a copy ofthe notice ofpublic comment to the applicant, the administrator of the United States environmental protection agency, and to officials and agencies havingjurisdiction over the location where the proposed air contaminant source wouldbebuilt as follows: (a) Any other state orlocal airpollution control agencies; (b) The chiefexecutives ofthe city and countywhere the air contaminant source would be located; 31(c) Anycomprehensive regional land use planning agency; and (d) Any federal land manager, Indian governing body, or state whose lands may be affected (in the director's judgment) by emissions from the air contaminant source ormodification. (3) For all draft action permits-to-install orPTTOs, upon request, provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact ofthe air contaminant source, alternatives to it, the control technologyrequired, and other appropriate considerations. (4) Consider all written comments submitted within the period specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The director shall make all comments available for public inspection. (5) Notify the applicant in writing of the final determination and make such notification available for public inspection.

323745-31-07 Termination,Reveeatiearevocation, expiration, renewal, revision and transfer. Renamedrule to include terminationfromformer OAC3745-31-06. Also included expiration, renewal, revisions andtransfer because language regarding those requirements was relocated from other rules in this chapter,from Chapter3745-35 or is new language being incorporated. The direeter may reveke aJlermit te iastall, ifthe direeter eeaelades at aay time that aay ajljlliealJ!e lav;s have lleea erare likelyte lle Yielated. The aboveparagraph has been movedto newparagraph (B)(1) below. The director may also revoke a permit-to-install ifthe permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation ofany applicable laws. When a permitteerequests arevocation, the director, withoutprior hearing, shall make a final determination on the application. The aboveparagraph has been movedto newparagraph (B)(2) below. (A) Termination (]) Authorization to install or modify an air contaminant source(s) contained in an issued permit-to-install or PTIO shall terminate within eighteen months ofthe effective date ofthe issuance ofthe permit-to-install or PTIO that authorized the installation or modification. if the owner or operator has not undertaken a continuing program of installation or modification or has not entered into a binding contractual obligation to undertake and complete within a reasonable time a continuing program ofinstallation or modification ofthe air contaminant source(s). (2) The director may administratively modify a permit-to-install or PTIO to extend these dates of termination by up to twelve months if the applicant submits, within a reasonable time before the termination date, a request for an administrative modification, containing information that, in the judgment ofthe director, adequatelyjustifies an extension oftime. No appeal taken from denial of extension of a termination date shall prevent termination ofa permit during the period between denial ofextension and final disposition ofthe appeal unless prohibited by any court or administrative body having jurisdiction over the matter. (3) A permit-to-install, permit-to-operate or PTIO may be terminated in accordance with paragraph (A)(2) or (B)(l)(c) of rule 3745-31-02 of the Administrative Code. Abovenewparagraph (A) incorporates old OAC3745-31-06.

33(B) Revocation (1) The director may revoke a permit-to-install or PTIO, ifthe director concludes at any time that any applicable laws havebeen or are likely to be violated. 

### Above paragraph (B)(l) incorporates old OAC 3745-35-02(F)(l) and also the firstparagraph of stricken textabove.

(2) The director may also revoke, or partially revoke, a permit-to-install, PTIO or vairance if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation of any applicable laws, When a permittee requests a revocation, the director, without prior hearing, shall make a final determination on the application._ 

### Above paragraph (B)(2) incorporates old OAC 3745-35-02(F)(2) and also the secondparagraph of shaded text above. Included language topartially revoke a portion ofa PTI in cases where multiple emissions units are covered under the same PTI and revocation of only one emissions unit is 

### applicable (e.g., a permittee makes a change where the emissions unit is 

### now subject to apermit-byrule under OAC 3745-31-03). This eliminates the redundancy ofrevoking the entirepermitandre-issuing theportion thatdoes notneedrevoked. (3) Revocation, pursuant to paragraph (B)(l) ofthisrule, ofa permit-to-install, PTIO or variance shall be final thirty days after service ofnotice to thepermitholder. 

### Aboveparagraph (B)(3) incorporates old OAC3745-35-02(F)(3). (4) The Ohio environmental protection agency shall afford a prompt hearing to any permit holder whose permit-to-install or PTIO is revoked, except as described in paragraph (B)(2) ofthis rule, inthe manner prescribed in Chapter 3745-47 of the Administrative Code. 

### Aboveparagraph (B)(3) incorporates old OAC3745-35-02(F)(4). (5) A variance issued pursuant to rule 3745-31-09 ofthe Administrative Code may berevoked if: (a) The director determines that any of the terms, conditions, standards, or reguirements ofrule 3745-31-09 ofthe Administrative Code have been or will be violated or that circumstances have changed so that the applicant is no longer eligible for a variance underthat rule, or (b) The signatory fails to file an interim report as required pursuant to paragraph (G)(4) ofrule 3745-31-09 ofthe Administrative Code, or ifsuch report fails to satisfythe director that the source is making satisfactoryprogress, or

34(c) False or misleading statements are made in an interim report required pursuant to paragraph (G)(4) of rule 3745-31-09 of the Administrative Code.



### Above newparagraph (B)(5) and associated subparagraphs incorporates old OAC3745-35-03(H)(9) and (J)(l). (C) Expiration and renewal (1) A PTIO may be issued for a period oftime consistent with the requirements of paragraph (G) ofsection 3704.03 ofthe Revised Code. and is subject to renewal pursuant to rule 3745-31-05 oftheAdministrative Code. 

### Abovenewparagraph (C)(J) incorporates old OAC3745-35-02(D)(l). The renewal cycle forPTOs was 5years. Changes to the ORC incorporates a renewal cycle of up to 10years forPT!Os, except as described in 

### the two scenarios below ((a) and (b)). (a) A conditional PTIO issued pursuant to paragraph (B) ofrule 3745-31-05 of the Administrative Code shall be effective for such reasonable periods as the director may determine on a case-by-case basis consistent with the requirements ofparagraph (G) of section 3704.03 ofthe Revised Code. A conditional PTIO may not be renewed; however, the effective date may be extended for such reasonable periods as the director may determine on a case-by-case basis provided the total time period of effectiveness is consistent with the requirements ofparagraph (G) ofsection 3704.03 ofthe Revised Code. 

### Above new paragraph (C)(J)(a) incorporates old OAC 3745-35-02(H) whichforbids renewals but allowsfor extensions on the effective date so long as they total effective period does not exceed the statutory effective periodallowed for conditionalpermits. (b) A FEPTIO issued pursuant to paragraph (D) of rule 3745-31-05 of the Administrative Code shall be effective for a period oftime consistent with the requirements ofparagraph (G) of section 3704.03 ofthe Revised Code but no longerthan five years, and is subject to renewal. 

### Abovenewparagraph (C)(l)(b) is new language to identifY federally enforceable operatingpermits will retain the 5yearrenewal cycle thatwas historicallyapplicable to FESOPs. (2) A permit-to-install does not expire and is notrenewable. 

### Abovenewparagraph (C)(2) is

### new language added for clarity. (3) Any site approval for a portable source issued pursuant to paragraph (H) ofrule 3745-31-05 of the Administrative Code may be issued for a period of time 35consistent with the requirements of paragraph (G) of section 3704.03 of the Revised Code, and is subjectto renewal pursuant to paragraph (H) ofrule 3745- 31-05 ofthe Administrative Code. Abovenewparagraph (C)(3) incorporates old OAC3745-31-05(E). (4) Any variance issued pursuant to rule 3745-31-09 of the Administrative Code maybe issued for a period oftime consistent with the requirements ofparagraph (H) of section 3704.03 of the Revised Code, and is subject to renewal. A variance maybe renewed only when the Ohio environmental protection agency is satisfied that the source for which the variance was granted is making satisfactory progress toward achievement of the program specified in any compliance schedule incorporated into the variance and/or is complying with any other terms and conditions of the variance. Renewal shall be considered pursuant to rule 3745-31-09 ofthe Administrative Code. Abovenewparagraph (C)(3) incorporates old OAC3745-35-03(H)(3). (D) Revision (1) Any PTIO or variance issued by the director shall be subject to revision by the director in response to changes in applicable law or other factors affecting the compliance ofthe air contaminant source with the standards or conditions ofany currently effective permit. Above new paragraph (D)(J) incorporates old OAC 3745-35-03(H)(5) and3745-35-02(D)(2) (2) The director may revise any site approval for a portable source issued pursuant to paragraph (H) ofrule 3745-31-05 ofthe Administrative Code to add or delete certain portable sources or add or delete certain terms and conditions as appropriate. Abovenewparagraph (D)(2) incorporates old OAC3745-31-05(F) (3) The director may require the owner or operator to submit a permit application pursuant to rule 3745-31-05 of the Administrative Code to fulfill the requirements ofparagraph (D) ofthis rule.

(E) Transfer Abovenewparagraph (D)(3) incorporates a new requirement to allow Ohio EPA to obtain an updatedpermitapplication when a revision, pursuant to this rule, is necessary.

(I) The transferee ofany permit-to-install, PTIO or variance shall assume personally the responsibilities of the original permit holder-transferor. The Ohio environmental protection agency must be notified in writing, m a manner 36prescribed bythe director, ofany transfer ofa permit once the transfer has been completed. Abovenewparagraph (E) incorporates old OAC3745-35-02(D)(3), 3745- 35-03(H)(6) and3745-31-02(A)(3).

373745-31-08 Registration status permit-to-operate.
Due to the significantnumber of changes thatwouldhave occurredto this rule, the LegislativeService Commission requires rule makers to rescindthe existing rule and develop a new rule. The rescindedrule, "Procedures for determination by the director, " containedoneparagraph that read: A permit-to-install, shall be issued, modified, revoked, or denied and may be challenged in accordance withtheprovisions ofthe rules ofprocedure ofthe Ohio environmentalprotection agency, Chapter 3745-47 ofthe Administrative Code. It is incorporated into new OAC3745-31-06(£) (firstparagraph under the heading). This new rule incorporates the registrationPTO requirements from old OAC3745-35- 05(B). We have modified the language to show that this is nowan oldsystem for registrationPTOs that weno longer will use butweare retaining for historicalpurposes and for those thatstillexistpriorto this rule change (grandfathered). Therefore, throughoutyou willnoticea change in the tense amongother changes. (A) Forpurposes ofparagraph (B) ofthis rule: (1) "Maximum potential yearly emissions" means the total weight of lead, organic compounds, particulates or sulfur dioxide which is, or in the absence ofcontrol equipment would be, emitted from an air contaminant source in any one calendar year. (2) "Registration status" means that the source may be operated without having obtained a permit-to-operate or vanance, and exists upon notification as providedbythe director. Abovenewparagraph (A)( I) and (A)(2) incorporates old OAC3745-35- 05(B)(5)(a) and (B)(5)(b). (B) Prior to the effective date of this rule, the director may have placed an air contaminant source on registration status after submittal of an application for a permit-to-operate, rather than issuing a permit-to-operate, ifthe owner or operator of such source demonstrated to the satisfaction of the director that the source was in compliancewith applicable law and ifthe following conditions were met: (1) The source was not subject to any mass emissions limitation or control requirement specifiedwithin or pursuant to any applicable law; or (2) The source was subject to a mass emissions limitation or control requirement specified solely within Chapter(s) 3745-17, 3745-18 and/or 3745-21 of the Administrative Code; the maximum potential yearly emissions of lead and organic compounds from the source was each less than five tons; and the maximum potential yearly emissions ofparticulates and sulfur dioxide from the source were each less than twenty-five tons. 38The above newparagraph (B) replaces old paragraph OAC3745-35-05(B)(l). The texthas been revised to reflect this is historical information. (C) An air contaminant source placed on registration status as ofthe effective date ofthis rule may remain on registration status until removed in accordance with paragraphs (D) or (E) ofthis rule. The abovenewparagraph (C) was incorporatedto identify thegrandfathering of

previoussources already on registration status. (D) The director may at any time require the owner or operator of an air contaminant source which obtained registration status prior to the effective date of this rule. to submit an updated application for a PTIO or variance and/or to demonstrate its continued compliance with the requirements of paragraph (B) of this rule. If the owner or operator complies with this request of the director within a reasonable period oftime as specified bythe director, the updated application shall be processed in accordance with applicable law, including continuation ofthe existing registration status ifappropriate. Ifthe owner or operator fails to comply with this request ofthe director within areasonable period oftime as specifiedbythe director, the permit-tooperate application previously submitted by such owner or operator for such source shall be removed from registration status and processed in accordance with applicable law. Any subsequent permit denial or notice of application deficiency shall serve as notice to the owner or operator ofthe source that the permit-to-operate application for such source has infact beenremoved from registration status. The above newparagraph (D) replaces old paragraph OAC3745-35-05(B)(4). (E) The director may revoke a registration status obtained prior to the effective date of this rule if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation of any applicable laws. When a permittee requests a revocation pursuant to the paragraph, the director, without prior hearing, shall make a final determination on the request. (1) Revocation ofregistration status shall be final immediately after service ofnotice to the registration status holder. The abovenewparagraph (E) is new language incorporatedto allow a permittee to request revocation of their registration status.

393745-31-09 Variances on operation.
Due to the significantnumber of changes thatwouldhave occurred to this rule, the LegislativeService Commission requires rule makers to rescind the existing rule and develop a new rule. This new rule incorporates the PTO variance requirements from old OAC3745-35-03. Theparagraphs were relocatedwith some minor changes made. Please refer to the new OAC3745-31-09 rule to see the language andview the section of this synopsis discussing OAC3745-35-03for relocation information anda discussion of any changes made.

The rescindedrule, "Airpermitto install completeness determinations,publicparticipation-andpublicnotice, " containedseveralparagraphs which have been relocatedto new OAC3745-31-06. Thisparagraphs were relocatedwith only minor changes made. Please referto the rescinded rule to see the languageandview thesection of this synopsis discussing OAC3745-31-06 for relocation information.

403745-31-10 Air statieHary sem-ee ebligatieHsNSR projects at existing emissions units at a major stationary source. We have renamedthis rule consistentwith the specific obligations containedin new paragraph (A) below. The remainingobligations have been movedelsewhere in this chapteras identifiedbelow. (;\) CsffifJiianee with etherreqeiremeHts The appreva-l te eeHstruet HnEier this ehapter sha-ll Het relieYe any ewHer er eperater sfa statieHary sem-ee eftherespeHsibilityte eeffifJIY fallywith applieaele flFsvisieHs sfthis ehapter ana any etherreqHiremeHts HHEier !seal, state erfeEierallaw. The aboveparagraph (A) has been movedto new OAC3745-31-02(F). (B) RelaJ(atisH sfeHfereeable limitatieHs
t'd: seeh time that a partieular statieHaf)' seffi'ee er meEiifieatieH beeemes a majer statieHaf)' sem-ee er majer meEiifieatieH selely by virtee sf a relaJmtieH iH aHY eHfereeaele limitatieH establishes after ,A,egest 7, 1980, eH the eapaeity sf the statieHary sem-ee Sf meEiifieatieH etherwise te emit an air pelmtaHt, seeh as a restrietieH eH hem-s efepefatieH, the feqffifemeHts sfrules 3745 31 10 te 3745 31 27 ana 3745 31 30 te 3745 31 32 sfthe AEimiHistratiYe CeEie sha-ll ajlflly te the statieHary sem-ee Sf meEiifieatieH as theegh eeHstruetieH haEI Het yet eefHfHeHeeEI eH the statieHary seefee sfmeEiifieatieH. The aboveparagraph (B) has been movedto new OAC3745-31-0S(D)(S). fC)l.Al_The following provisions apply to NSR projects at existing emissions units at a major stationary source (other than NSR projects at a elean t!Hit sf at a stationary source with a PAL) in circumstances where there is a reasonable possibility that a NSR project that is not part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraph (ZZZZ)(AAAAAl of rule 3745-31-01 of the Administrative Code for calculatingprojected actual emissions. Struck reference to "clean unit" due to the same revision to thefederal rule. [72 FR 113,promulgatedJune 13, 2007, effectiveJune 13, 2007} (1) Before beginning actual construction ofthe NSR project, the owner or operator shall document andmaintain arecord ofthe following information: (a) A description ofthe NSRproject; (b) Identification ofthe emissions unit(s) whose emissions ofa regulated NSR pollutant couldbe affectedbythe NSRproject; and

41(c) A description ofthe applicabilitytest used to determine that the NSRproject is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of "could have accommodated" emissions excluded under paragraph

- (ZZZZ)(l)(e)CAAAAA)(l)(c) of rule 3745-31-01 of the Administrative Code and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (2) Before beginning actual construction, regardless of whether the owner or operator determines there is a reasonable possibility that a NSR project that is not part ofa major modification may result in a significant emissions increase, the owner or operator shall provide a copy of the information set out in paragraph

### (G1ElifA.lill ofthis rule to the director for: (a) New ormodified emissions units where the sum ofthe federally enforceable potential to emit ofthe new ormodified emissions units associated with the NSR project prior to the issuance ofthe NSR project's permit-to-install is greater than any one of the significant levels found in the significant definition ofrule 3 745-31-01 oftheAdministrative Code. (b) Anyemissions unitthatis an existing electric utility steam generatingunit. (c) Unless required elsewhere in this rule, nothing in this paragraph shall be construed to require the owner or operator ofsuch emissions unit to obtain any determination from the directorbeforebeginning actual construction. (3) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result oftheNSRproject and that is emittedby any emissions units identified in paragraph (C)(l)(b)(A)(l)(b) ofthis rule; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period offive years following resumption ofregular operations after the change, or for a period often years following resumption of regular operations after the change if the NSR project increases the design capacity or potential to emit ofthat regulated NSR pollutant at such emissions unit. (4) If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the directorwithin sixty days after the end of each year during which records must be generated under paragraph

- fe)f.Bl.A.l.Q.l ofthis rule setting out the emissions unit's annual emissions during the year thatpreceded submissionofthereport. (5) Ifthe emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the director if the annual emissions, in tons per year, from the NSR project identified in paragraph 

### (G1ElifA.lill of this rule, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (C)(l)(e)(A)(l)(c) of this rule, by a significant amount for that regulated NSR pollutant, and if such 42

### emissiOns differ from the preconstruction projection as documented and maintained pursuant to paragraph (C)(1)(e)(A)(l)(c) of this rule. Such report shall be submitted to the director within sixty days after the end ofsuch year. The report shall containthe following: (a) The name, address and telephone number ofthe major stationary source; (b) 

### The annual emissions as calculated pursuant to paragraph 

### tG*Bl.A.lill of thisrule; and (c) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstructionprojection).**~Jlll_The** 

### owner or operator ofthe source shall make the information required to be documented and maintained pursuant to 13aFagraph (C) sf this rule available for reviewuponrequest. (E) Ifany 13rsvisisn sfmiss 3745 31 10 ts 3745 31 32 sfthe i\dministrative Csae sr the a13!3iieatisn sfsHell !3F8'risisn ts sny 

### 13erssn sr eireHmstanee, is heiB iwralia, the remainaer sf this eha13ter, sr the aJ313lieatisn sf sHell 13rsvisisn ts 13erssns sr eireHmstanees ather than these as ts whieh it is hela invalia, shall nat ae affeetea thereby. The aboveparagraph (E) has been movedto new OAC3745-31-02(G).

433745-31-20 

### Nonattainment provisions- innovative control technology Incorporates cross-reference changes only.



### 44

### 3745-31-22 Nonattainment provisions- conditions for approval (A)(2)(e) and (f)- 

### stricken due to the same revision to thefederal rule. [72 FR 113, promulgatedJune 13, 2007, effectiveJune 13, 2007}



### 453745-31-29 General permit-to-install and general PTIO.

This rule now incorporates oldOAC3745-35-08. The incorporation and identification of the changes is notdiscussed below because the incorporation is verbatim with only minor changes to genderneutrality andcross references exceptas notedbelow.

(G) A general PTIO shall be effective for a period of time consistent with the requirements ofparagraph (F) ofsection 3704.03 ofthe Revised Code. Incorporatednewaboveparagraph (G)from oldOAC3745-35-0S(E)

463745-31-30 Clean unit.



### The entire rule has been stricken and reserved due to the same revision to thefederal clean unit rules. [72 FR 113,promulgatedJune 13, 2007, effectiveJune 13, 2007}



### 47

### 3745-31-31 Pollution Control Project


### The entire rule has been stricken and reserved due to the same revision to thefederal PCPrules. [72 FR 113,promulgatedJune 13, 2007, effectiveJune 13, 2007}

48

### 3745-31-32 Plantwide applicability limit (PAL) Incorporates cross-reference changes only.

493745-31-33 Site preparation activities prior to obtaining a final permit-to-install orPTIO. Incorporates genderneutrality andother minorchanges only, except as notedbelow. (A) [Comment: Some activities described inthis rule maynotbeginuntil any applicable national pollutant discharge elimination system (NPDES) permit, isolatedwetlandpermit or401 water quality certificationis obtained. Notwithstanding anyotherprovision ofthis rule, compliance with this chapter does not relieve any person from the requirements of Chapters 3734. or 3714. ofthe Revised Code and rules adoptedthereunder.] Incorporated the lastsentence to ensure that because we identifYNPDES, wetlandand 401 certifications that the readerdoes not inferthose may be the only otherprovisions that mightneedto be considered.

50

# OAC CHAPTER 3745-35

In order to combine the PTI and PTO rule language, Ohio EPA rescinded all rules in OAC Chapter 3745-35. The pertinent sections ofthe OAC Chapter 3745-35 rules were incorporated into various rules of OAC Chapter 3745-31. This section ofthe synopsis identifies which portions of OAC Chapter 3745- 35 were incorporated into OAC Chapter 3745-31, with references.

51DRAFT CHANGES TO OAC CHAPTER 3745-35

3745-35-01 Definitions. Unless notedbelow, themajority of the definitions in this rule are already containedin OAC3745-31-01 andonly requiredminorlanguage changes (e.g., remove reference to ''permit-to-operate" and use language such as ''permit-to-installand/orPTIO. " (B) The following definitions shall applyexclusivelyto this chapter: (4) "Air contaminant source" means each separate operation, or activity that results ormayresult in the emission ofany air contaminant. This definition applies to operations or activities that emit air contaminants, whetherregulatedunder Ohio laworregulatedunderthe CleanAirAct. This definition differedfrom the definition which is located at OAC 3745-31- 01(1). The definition in OAC 3745-31-01(1) was retained because it comports with the definition in the Ohio Revised Code.

523745-35-02 Permits-to-operate. (A) No person may cause, permit, or allow the operation or other use of any air contaminant source without applying for and obtaining a permit-to-operate from the directorinaccordance with therequirements ofthis rule except: The above paragraph is incorporated into, and already addressed within, OAC 3745-31-02(A)(1). (1) As otherwise provided in paragraph (H) ofthis rule and in rules 3745-35-03 and 3745-35-05 ofthe Administrative Code; or The aboveparagraph is not necessary. Paragraph (H) of this rule allows for conditionalpermits, OAC3745-35-03 allows for variances and OAC3745-35-05 allowsfor exemptions and registration status. Each of those topics, andhow they are incorporatedinto OAC Chapter31 are discussedunder those respective sections of this synopsis document. (2) Ifthe air contaminant source is a source listed under permanent exemptions in paragraph (A)(1) ofrule 3745-31-03 ofthe Administrative Code or a source for which the directorhas granted a discretionary exemptionunderparagraph (A)(3) ofrule 3745-31-03 ofthe Administrative Code, or the air contaminant source is a source meeting the requirements under the permit-by-rule exemptions m paragraph (A)(4) ofrule 3745-31-03 ofthe Administrative Code; or The aboveparagraph is already addressedwithin the exemptions ofOAC3745- 31-03. Sources meetingthose exemptions will continue to beexempted from the requirements to obtain a PTIand/orPTIO. (3) Ifthe air contaminant source is part ofa facility, as defined inChapter 3745-77 of the Administrative Code, that is required to obtain a Title V permit under Chapter 3745-77 oftheAdministrative Code; or The aboveparagraph is addressed within OAC 3745-31-02 which now clearly identifies when a particular source is subject to PTI, PTIO and or Title V requirements. (4) As otherwiseprovidedby section 3704.011 and division (F) ofsection 3704.03 of theRevised Code andrule 3745-15-05 ofthe Administrative Code. The items referenced in ORC 3704.03 areprocedural and do not contain any exemptions. Procedures applicable to PTI and/or PT10 are addressed in the changes to OAC Chapter 3745-31. ORC 3704.011 and OAC 3745-15-05 address de minimis exemptions. Although OAC3745-15-05 stands on its own in relieving a source from permitting requirements 

### if it is de minimis, we incorporated this type oflanguage under newparagraph (A)(5) ofOAC 3745- 31-03.

53(B) Applications for permits-to-operate Paragraphs (B)(l) to (B)(4) are already addressedin OAC3745-31-04(B). (1) Applications for permits-to-operate shall be signed, in the case ofa corporation, by a principal executive officer ofat least the level ofvice president, orhis duly authorized representative, if such representative is responsible for the overall operation ofthe facility from which the emission described in the application originates. (2) Applications for permits-to-operate shall be signed, in the case ofa partnership, bya generalpartuer. (3) Applications for permits-to-operate shall be signed, m the case of sole proprietorship, bytheproprietor. ( 4) Applications for permits-to-operate shall be signed, in the case of municipal, state, federal or other govermnental facility, by the principal executive officer, theranking elected official, or other duly authorized employee. (5) Applications for permits-to-operate for new sources shall be filed no later than ninety days after commencement ofoperation. The aboveparagraph is no longernecessarysince implementation of the PTIO program combines the applicationprocess for both PTis andPTOs. (6) Applications for permits-to-operate shall be on forms prescribed by the Ohio enviromnental protection agency and shall contain all information the Ohio enviromnental protection agency deems necessary to determine whether the air contaminant source is operating and will be operated in accordance with all applicable rules ofthe Ohio enviromnental protection agency, including, but not limited to: location of source; description of the equipment and processes involved; the nature, source, and quantity of uncontrolled and controlled emissions; the type, size, and efficiency ofcontrol facilities; the impact ofthe emissions from such source upon existing air quality. The aboveparagraph is addressedin OAC3745-31-04(A). (7) Except as otherwise expressly provided by rule, a separate application for a permit-to-operate shall be made for each air contaminant source to which this rule applies or an application for a facility shall be made that contains information described in paragraph (B)(6) ofthis rule for each air contaminant source located at the facilityto whichthisrule applies. The aboveparagraph is no longer necessarysince implementation of thePTIO program combines the applicationprocess for both PTis andPTOs.

54

### (8) Each application shall be signed by the applicant, whose signature shall constitute an agreement that the applicant shall assume responsibility for operating and maintaining such source and control equipment in a manner designedto assure compliancewith applicable law. The aboveparagraph is addressed in OAC3745-31-04(C). (9) Any application for a permit-to-operate which, on its face, fails to provide the agency with requested information needed to provide a factual basis for ascertaining compliance with each ofthe requirements ofparagraph (C) 

### ofthis rule may be considered defective and be treated as ifit has not been filed. No hearing need be granted with respect to such improper applications, which shall be returned to the applicant as expeditiously as practicable without further processingwith an indication ofthe deficiency. The aboveparagraph is no longer necessarysince implementation of thePT/0 program combines the applicationprocess for both PT!s andPTOs. The more detailed requirements forprocessing of PTIapplications, including the requirement for a 14-daypreliminary completeness review. (C) No permit-to-operate shall be granted until the applicant demonstrates, for each sourceto whichthepermit applies, to the satisfaction ofthe director, that: (1) The source is in compliance with applicable air pollution control law and, if required by rule, the source has submitted an approvable compliance program, including a compliance schedule ifnecessary. A compliance program shall be approvable where it shows to the satisfaction of the director that operation pursuant to such program will result in compliance by the source with all requirements of applicable law as expeditiously as practicable but in no event laterthanthe date providedbyrulebywhich compliancewith suchrequirements must be achieved, and where it identifies all reasonable interim control measures; or, upon submission of a schedule of compliance satisfactory to the director for an air contaminant source that is not in compliance with all applicable law at the time of permit issuance, provided that the compliance schedule shallbe consistentwith and at least as stringent as that contained in any judicial consent decree or administrative order to which the air contaminant source is subject; and The aboveparagraph has been incorporatedinto new OAC3745-31-05(B). (2) If 

### required by the director, the source is equipped with instrumentation and sensing devices to monitor and record emission data and otherinformation about the operation ofthe source; and, The above paragraph has been incorporated into new OAC 3745-31- 02(A)(l)(c)(i).

55

### (3) Ifrequiredbythe director, performance tests, conducted after the application was made, at the applicant's expense, in accordance with methods prescribed by the Ohio enviromnental protection agency, demonstrate that the source is in compliance with applicable emission limitations and other applicable law. The Ohio enviromnental protection agency or its representatives may observe, participate in, orconduct anyperformancetestrequired; and, The aboveparagraph has been incorporated into new OAC3745-31- 02(A)(l)(c)(ii). 

### (4) In the case ofa new source, except those exempted from obtaining a permit-toinstallbyrule 3745-31-03 ofthe Administrative Code: (a) Such source was constructed, modified, located, or installed in compliance with the terms and conditions of a permit-to-install, as well as applicable law; and The aboveparagraph is no longernecessarysince implementation of the PTIOprogram combines the applicationprocess for bothPTis andPTOs. 

### (b) Performance tests conducted at the expense of the applicant demonstrate such source operates or within ninety days of start-up of operation, will operate in accordance with applicable Ohio enviromnental protection agency law and rules and in accordance with federal new source performance standards promulgated under Section 111 of the Clean Air Act. The director may exempt classes ofsources byresolution or individual sources from the requirement ofperformance testing where economic and technical considerationsjustifysuch exemption; and The aboveparagraph is no longer necessary since implementation ofthe PTIOprogram combines the PTIandPTOprocesses. Performance testing requirements underthePTI program fulfill the above requirements. 

### (5) The source does not violate national emission standards for hazardous air 

### pollutants adopted by the administrator of the United States enviromnental protection agency. The aboveparagraph is addressed in OAC3745-31-05(A)(2)(d). (D) 

### Terms and conditions: (1) Permits-to-operate shall be effective for one year from date ofissuance, or for whateverotherperiodthe director deems appropriate, notto exceed five years. The renewal cycle for a PTIO is nowaddressed in OAC3745-31-07(C)(J). 

### (2) Any permit-to-operate issued by the director shall be subject to revision in response to changes in applicable law or other factors affecting the compliance 

### 56

### ofthe source or control facility with the standards or conditions ofthe original permit. The aboveparagraph has been incorporated into new OAC3745-31-07(D)(1). The language "originalpermit" is beingsuggested for change to "any currently effectivepermit". Permits can change over time andthe meaningof"original" permit is not clear. It is always the intention of Ohio EPA to revise a currently effectivepermit (whether "original" ornot) under these circumstances. (3) The transferee of any permit-to-operate shall, personally, assume the responsibilities ofthe original permitholder-transferor. The Ohio enviromnental protection agency must be notified in writing of any transfer of a permit-tooperate. The aboveparagraph has been incorporated into new OAC3745-31-07(£). Additional language was addedto the above requirement to clarify that the notification must beprovidedafter the transfer is complete, andin a manner prescribedby the director. In some cases itmay benecessary for the director to request the notification includeproof the transfer to ensure liability for compliance with thepermit is acknowledgedandagreedupon by bothparties. ( 4) Such air pollution emergency episode plans as are submitted and approved shall become terms and conditions ofthe permits-to-operate and shall have full force and effect as apartthereof. The aboveparagraph is no longer necessary. OAC 3745-25-03 identifies the requirementsfor emergency episodeplans and the requirementfor inclusion in the operating permit terms. This requirement will remain unchanged upon implementation of thePTIOprogram. (5) Any approved compliance schedule shall be incorporated into the permit-tooperate and shallbea term and conditionthereof. The aboveparagraph has been incorporated into new OAC3745-31-05(B). (6) The director may include such other terms and conditions as are necessary to ensure compliance with applicable law or to gather information about ambient air quality, emission levels, or other aspects ofthe source operation. The aboveparagraph is addressedwithin the requirements of newparagraph OAC3745-31-05(D). (E) Permits under this rule shall be issued, denied, modified, or revoked and may be challenged in accordance with the provisions of Chapter 3745-47 of the Administrative Code. The above paragraph is addressed within new OAC 3745-31-06(E) and new OAC 3745-31-07(B)(4). 57(F) Suspension orrevocationofpermit-to-operate Paragraphs (F)( I) to (F)(5) are addressedwithin new OAC3745-31-07(B). We are suggestingremoval of language that refers to "suspension" (from (F)(3)) because the ORCdoes notallow for "suspension" of aPTO but rathersuspension of rules regardingPTOs (ORC3704.03(0)). Ohio EPA has nothistorically "suspended" a PTO. We are also suggestingremoval of the requirement inparagraph (F)(5)for "surrender" of aPTOupon revocation. Once notice is servedthataPTO is revoked, surrenderingthepermitoffers no additionalassurances and is not necessary. (1) The director may suspend orrevoke a permit-to-operate ifit has been determined that any ofthe conditions, terms, or standards ofparagraph (C) or (D) ofthis rule or any other applicable law or rule ofthe Ohio enviromnental protection agencyhavebeen orwillbeviolated.

(2) The director may also revoke a permit-to-operate if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation of any applicable law. When a permittee requests a revocation, the director, without prior hearing, shall make a final determination onthe application. (3) Suspension or revocation of a permit-to-operate shall be final thirty days after service ofnotice to thepermitholder. (4) The Ohio enviromnental protection agency shall afford a prompt hearing to any permit holder whose permit-to-operate is suspended or revoked, except as described in paragraph (F)(2) ofthis rule, in the manner prescribed in Chapter 3745-47 ofthe Administrative Code. (5) A permit-to-operate whichhas beenrevoked shall be surrendered forthwith to the Ohio enviromnentalprotection agency. (G) Possession ofa permit-to-operate shall not relieve anyperson ofthe responsibilityto continuously comply with applicable emission limitations and other provisions of applicable law. The aboveparagraph is addressed in OAC3745-31-02(F). (H) If a new source that has been constructed, installed, located, or modified in accordance with the provisions of a permit-to-install, and otherwise in accordance with applicable law, is unable to comply with the requirements of paragraph (C)(4)(b) ofthis rule as ofthe date ofstart-up ofoperations, the directormay grant a conditional permit-to-operate such source for a periodnotto exceed six months from start-up of operation, provided the period is used to remedy any defect which prevents such compliance, and the applicant demonstrates that compliance with 

### 58emission standards prescribed byapplicable law will be achieved as expeditiously as practicable, any reasonably available alternative operating procedures and interim control measures have beenused orwill beused to reduce excess emissions, and the continued operation ofthe source pursuant to the conditional permit-to-operate will not endanger or threaten to endanger human health. Conditional permits-to-operate may not be renewed, and shall contain such terms and conditions as the Ohio environmental protection agencydetermines necessary and appropriate. The aboveparagraph containingconditionalPTO requirements has been incorporated into new OAC3745-31-0S(C). The language has been reorganized withsubparagraphs in order toprovidemore clarity. Conditionalpermitrenewal requirements been incorporated into new OAC3745-31-07(C)(l)(a).

593745-35-03 Variances. 

### The requirements for variances from operation thatexistedin this rule are incorporated in new rule OAC3745-31-09, Variances on operation. The language has been reorganized in order toprovide more clarity. We are also suggesting clarifying the language to show thata source may operate outof compliance with an applicable law only when granteda variance and

## if a complianceplan is inplace (ORC3704.03(0)). [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced inthis rule, see the "Incorporationby Reference" paragraph at the end ofrule 3745-35-01 ofthe Administrative Code.] (A) No person shall cause, permit, or allow the operation or other use of any air contaminant source that emits any air pollutant in violation of any applicable law, unless a variancehasbeen applied for and obtained from the director for such source, pursuant to the provisions of this rule. No variance from any rule of the director adopted under Chapter 3704. ofthe Revised Code maybe issued except pursuant to this rule. 

### We clarified the language in thefirst sentence ofabove paragraph (A) in new paragraph OAC 3745-31-09(A). It does not alter the intent of the variance provisions. The last sentence of thisparagraph was incorporated into new OAC rule 3745-31-09(A)(3). (B) No variance shall be granted from Chapter 3745-19 of the Administrative Code governing openburning. 

### Paragraph (B) was incorporatedinto new OACrule 3745-31-09(A)(l). (C) No variance shall be granted to a new source, as defmed in rule 3745-15-01 ofthe Administrative Code, from any emissions limitation which was applicable to the source as a new source. 

### Paragraph (C) was incorporatedinto new OACrule 3745-31-09(A)(2). (D) Applications for variances 

### The language inparagraphs (D)(l) to (D)(5) is incorporatedas a reference atnew OAC3745-31-09(B) (the same requirements are containedin OAC3745-31-04(B)). (1) Applications for variances shall be sigued, in the case of a corporation, by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the emission described in the application originates.



### 60(2) Applications for variances shall be signed, in the case of a partnership, by a generalpartner. (3) Applications for variances shall be signed, inthe case ofa sole proprietorship, by theproprietor. ( 4) Applications for variances shall be signed in the case of a municipal, state, federal or other government facility, by the principal executive officer, the ranking elected official, or other duly authorized employee. (5) Applications for variances shall be made in a form and marmer prescribed bythe Ohio environmentalprotection agency.
(6) Except as otherwise expressly provided by rule, a separate application for a vari3nce shall be made for each air contaminant source to which this rule applies. The aboveparagraph is no longernecessarysince implementation of thePTIO program combines the applicationprocess for both PT!s andPTOs. (7) Any variance application that fails to provide information needed to provide a factual basis for ascertaining compliance with each ofthe relevant requirements ofthis rule maybe considered defective andbetreated as ifithadnotbeen filed. Such application shall be returned to the applicant as expeditiously as practicable with an indication ofthe deficiencies thereof. Furtherprocessing of the application, including issuance ofa proposed or final action or the initiation ofany other official response bythe Ohio environmental protection agencywith respect to the application, will not occuruntil deficiencies havebeenremedied. The aboveparagraph is incorporated into new OAC3745-31-09(B)(l). Variances are notPT!s orPT!Os so there willbe no 14-daypreliminary completeness review requirements. (8) An application which seeks a variance pursuant to this rule which allows applicant to emit an air pollutant at a specified level in excess of emissions standards prescribed by applicable law without requiring eventual compliance with such standards shall specify the level of emission sought. Any such application which fails to so specifymaybe treated as a deficient application as set forth inparagraph (D)(7) ofthis rule. The aboveparagraph has been incorporated into new OAC3745-31-09(B)(2). (E) Standards for grantingvariances The language inparagraph (E) and its subparagraphs are incorporated into new OAC 3745-31-09(C). Minor changes in language for claritypurposes has been suggested.

61(1) A variance for an air contaminant sourcemay allow an applicant: (a) To emit from such source a specified level ofemissions ofthe particular air contaminant which exceeds the level permitted by applicable law, without achieving eventual compliance with the level permitted by applicable law; or (b) To achieve compliance with applicable law pertaining to the particular air contaminant, pursuant to a compliance schedule included as a term and condition of the variance, on a date later than the date provided by applicable lawuponwhich complianceby such source mustbe achieved; or (c) Both to emit the particular air contaminant at a specified level ofemissions which exceeds the level permitted by applicable law, without achieving eventual compliance with the level permitted by applicable law, and to achieve compliance with such higher level of emissions, pursuant to a compliance schedule included as a term and condition ofthe variance, on a date later than the date provided by applicable law upon which compliance by such source with applicable law pertaining to such air contaminant must beachieved. (2) A variance may be issued only if the applicant either demonstrates the requirements of paragraphs (E)(2)(a) to (E)(2)(c) of this rule, paragraph (E)(2)(e) of this rule, and paragraph (E)(2)(f) of this rule or demonstrates the requirements ofparagraphs (E)(2)(d) to (E)(2)(f) ofthis rule: (a) Either: (i) The ambient air quality standards for the particular air contaminant to which the requested variance pertains are currently being met throughout the region affected by the emissions from the air contaminant source; or (ii) The emission ofair contaminants in accordance with the variance will not prevent or interfere with the attainment of ambient air quality standards by contributing, either singly or in conjunction with other sources, to a failure to attain ambient air quality standards by the date or dates prescribedby applicable law throughout the region affectedby the emissions from the air contaminant source; (b) The emission of air contaminants in accordance with the variance will not prevent or interfere with the maintenance of ambient air quality standards by contributing, either singly or in conjunction with other sources, to a failure to maintain ambient air quality standards throughout the region affectedbythe emissions from the air contaminant source for the particular air contaminant to which the requested variance pertains after such ambient air quality standards are attained;



### 62(c) The variance is necessary because compliance with the emission standard from which the variance is sought is, and, to the extent applicant has not compliedwith such emission standards, has been since the adoption ofsuch emission standard, technically infeasible, economically unreasonable, or impossiblebecause ofconditions beyondthe control ofthe applicant; (d) Bubble concept: (i) An alternative emission control strategy (bubble concept) is provided which will allow emissions of air contaminant from the source for which the variance is requested to exceed the level permitted by applicable law and will also require emissions of the same air contaminant from another source or sources to be less than the level(s) permitted by applicable law. The alternative emission control strategy shall: (a) Result in a reduction in actual emissions of the air contaminant from such other source or sources which is equivalent to or greater than the reduction which would occur ifthe source for which the variance isrequestedwere to complywith applicable law; (b) Result in an actual net ambient air quality improvement which is as good as, or better than, that which would occur ifthe source for which the variance is requested were to comply with applicable law and if all such other sources were to either comply with applicable law or maintain their actual level of emissions if such level is less thanpermittedbyapplicable law; (c) Include applications for variances or permits-to-operate (or modifications ofexisting variances or permits-to-operate) for such other sources at the same facility that specify a level ofallowable emissions of an air contaminant which is below the level established by applicable law and which satisfies the requirements ofparagraphs (E)(2)(d)(i)(a) and (E)(2)(d)(i)(b) ofthis rule: (ii) Air contaminants from different sources shall be considered to be the same for purposes ofparagraph (E)(2)(d)(i) ofthis rule only ifthey are comparable interms oftype ofcontaminant. (iii) Emissions ofparticulates ofthe following types shallnotbe considered, for purposes ofparagraph (E)(2)(d)(i) of this rule to be the same as emissions ofparticulates ofany othertypes: (a) Asbestos; (b) Beryllium; (c) Coke oven emissions; 63(d) Lead; and (e) Mercury. (iv) Emissions of organic compounds of the following types shall not be considered, for purpose ofparagraph (E)(2)(d)(i) ofthis rule, to be the same as emissions oforganic compounds ofanyothertypes: (a) Benzene; and (b) Vinyl chloride. (e) Such compliance with applicable law or other terms and conditions as is requiredbythe variance will be achieved as expeditiouslyas practicable; (f) If any rule from which a variance is sought has been approved by the administrator ofthe United States environmental protection agency as part ofthe implementation plan, the applicant must demonstrate those matters requiredby federal law orregulations, including, butnot limited to 42 USC 7410 and 40 CFR Parts 51 and 52 for approval of a revision to the plan, except approval by the administrator or his representative as a revision to the implementationplan. (F) The director retains the discretion to deny the application upon consideration of evidence regarding matters specified in division (H) of section 3704.03 of the Revised Code which is submitted by the applicant, developed by the agency, or obtained from another source, eventhough the demonstrations required byparagraph (E) ofthis rulehavebeenmade. The language inparagraph (F) is incorporated into new OAC3745-31-09(D). (G) Action on applications for variance The language inparagraphs (G)(J), (G)(2), (G)(3) and (G)(5) are incorporated into new OAC3745-31-09(£). Minor changes in language andorganization for clarity purposes occurred. (1) Prior to taking any action on any application for a variance, the Ohio environmental protection agency may hold a public meeting on the proposed vanance in the manner specified in Chapter 3 745-47 of the Administrative Code. (2) Ingranting, revoking, denying, ormodifying any variance, the director shall state his reasons therefor in writing. The decision and reasons therefor shall be made publicly available at the cost ofreproduction andhandling.

64

### (3) The director shall act on an application for a variance within six months ofthe filing ofa complete applicationbyissuing aproposed orfinal action. ( 4) A single variance issued pursuant to this rule for an air contaminant source may provide the applicant relieffrom morethan one emissions limitation. The aboveparagraph (G)(4) is incorporated into new OAC3745-31-09(G)(l). 

### (5) Variances under this rule shall be issued, denied, modified, or revoked and may be challenged in accordance with the provisions of Chapter 3745-47 of the Administrative Code. The language inparagraphs (G)(6), (G)(7), and (G)(8) are incorporated into new OAC3745-31-09(F). Minor changes in language andorganizationfor clarity purposes occurred. 

### (6) A variance from a rule which has been approved by the administrator of the United States environmental protection agency as part of the implementation plan shallnotbe issuedunless: (a) Such variance has been submitted to the administrator as a revision to the implementation plan pursuant to applicable law, including, but not limited to, 42 USC 7410 and 40 CFRParts 51 and 52; and (b) All requirements of applicable law, including, but not limited to, 40 CFR Parts 51 and 52 have been met, except approval bythe administrator or his representative as arevisionto the implementationplan; and (c) The variance contains a condition that the variance will not be effective until approved by the administrator or his representative as a revision of the implementationplan. (7) Ifa variance has been approvedbythe administratorpursuantto paragraph (G)(6) ofthis rule, a renewal ofsuch variance shall not be subject to the requirements ofparagraph (G)(6) ofthis rule unless a significant difference exists betweenthe material aspects ofsuch variance andtherenewed form ofsuch variance. Forthe purposes ofparagraph (G)(6) ofthis rule, a significant difference shall include any change inthe final compliance date ofany compliance schedule. (8) Upon issuance of a variance authorizing emissions as described in paragraph (E)(l)(a) or (E)(l)(c) ofthisrule, and upon approvalthereofbythe administrator as provided byparagraph (G)(6)(c) ofthis rule, ifapplicable, the director shall propose to amend the rule from which the variance is issued to provide for emissions authorized by the variance. The amended rule shall be proposed only if, in the director's judgment, such amended rule will conform to all requirements ofapplicable law, including, ifapplicable, requirements regarding implementation plans. Following rulemaking procedures mandated by law on

65the proposal, the director shall take such action onthe proposal as is lawful and reasonable. (H) Terms and conditions The language inparagraph (H) and its subparagraphs is incorporated into new OAC 37 45-31-09(G) unless notedbelow. Minor changes in language for claritypurposes has been suggested. (1) Except as otherwise appropriate under paragraph (E) of this rule, an approved compliance schedule shall be incorporated into any variance granted, and shall be a term and conditionthereof. The language "andshallbe a term andcondition thereof" is redundantandis suggested for removal (see OAC3745-31-09(G)(2)). (2) Each variance issued pursuant to this rule and each variance orpermit-to-operate issuedto another sourcepursuantto paragraph (E)(2)(d) ofthisrule shall include as terms and conditions a specified emission limit for each air contaminant for which a variance is granted andtest methods for demonstrating compliance with such emissions limits. (3) Variances shall be effective for whatever period the director deems appropriate, not to exceed five years. A variance may be renewed only when the Ohio environmental protection agency is satisfied that the source for which the variance was granted is making satisfactoryprogress toward achievement ofthe program specified in any compliance schedule incorporated into the variance and/oris complyingwith any otherterms and conditions ofthe variance. The aboveparagraph is incorporatedinto new OAC 3745-31-07(C)(4). ( 4) The possession of a variance shall not relieve the holder of responsibility to comply with all other applicable law and rules of the Ohio environmental protection agency. The aboveparagraph is incorporated into new OAC3745-31-09(H). (5) Any variance issued by the director shall be subject to revision in response to changes in applicable rules or other factors affecting the compliance of the source or control facility with the standards or conditions of the original vanance. The aboveparagraph is incorporated into new OAC3745-31-07(D)(l). (6) In the event ofa transfer ofownership or operation ofan air contaminant source to which a variance has beenissued, the variance shall be transferred to the new owner or operator. The transferee shall assnme the responsibilities of the

66transferor. The Ohio environmental protection agency must be notified m writing ofanytransfer ofa variance. The aboveparagraph is incorporated into new OAC3745-31-07(£). (7) Such air pollution emergency episode plans as are submitted and approved pursuant to Chapter 3745-25 ofthe Administrative Code shall become terms and conditions ofthevariance and shall have full force and effect as apartthereof. The aboveparagraph is no longer necessary. OAC 3745-25-03 identifies the requirementsfor emergency episodeplans and the requirementfor inclusion in variance terms. This requirement will remain unchanged upon implementation of thePTIOprogram. (8) The director may include such other terms and conditions as are necessary to ensure compliance with applicable law or to gather information about ambient air quality, emission levels, orother aspects ofthe source operation. The aboveparagraph is addressedwithin the requirements of newparagraph OAC3745-31-05(C). (9) In addition to the other registration and reporting requirements of all air contaminant sources, the holder of a variance which contains a compliance schedule shall file reports every two months or as otherwise required by the Ohio environmental protection agency. Such reports shall be signed by the applicant for the variance. These reports shall demonstrate to the satisfaction of the director that the source for which the variance was issued is making consistentprogress andhas met all interim deadlines specified inthe compliance schedule or specified by the Ohio environmental protection agency. If the responsible official fails to file an interim report, or ifsuchreport fails to satisfy the directorthatthe source is making satisfactoryprogress, thenthe directormay revoke the variance. False or misleading statements in an interim report shall be grounds for revocation ofthe variance. The aboveparagraph is addressedwithin the requirements of newparagraph OAC3745-31-07(B)(5) andnew OAC3745-31-09(0)(4) and (I). (I) Possession ofa variance relieving an air contaminant source from having to comply with anyrequirement ofapplicable law shall not relieve an air contaminant source of the responsibilityto complywith all otherrequirements ofapplicable law. The aboveparagraph is incorporated into new OAC3745-31-09(H). (J) Revocation (1) The director may revoke a variance ifthe director determines that any ofthe terms, conditions, standards, or requirements ofthis rule have been or will be

67violated or that circumstances have changed so that the applicant is no· longer eligible for a variance underparagraph (E) ofthis rnle. The aboveparagraph is incorporated into new OAC3745-31-07(B)(5). (2) A variance that has been revoked shall forthwith be surrendered to the Ohio environmentalprotection agency. The above requirement inparagraph (J)(2) was not incorporated. Once notice is servedthata variance is revoked, surrenderingthe variance offers no additional assurances and is notnecessary .

68

### 3745-35-04 General policy.

(A) 

### Where any person demonstrates by a preponderance ofthe evidence that more than one alternative would, with equal efficiency and, if appropriate, speed, satisfy any requirement ofapplicable law, then the Ohio enviromnental protection agency shall encourage the implementationofthe least costly alternative.
We did not incorporate the above requirement. There is no language similar to it in the ORC, exceptfor the requirements with the Best Available Technology (BAT) language. Under the PTIOprogram, BATwouldbe addressed in the same manner it is addressed under thePTI program. 

### (B) Wherever required by any provision of Chapter 3704 of the Revised Code, the director shall give consideration to, and attempt to minimize, the economic expense of any action he may require any source, person, or other entity to take; provided, however, that economic hardship to any person shall be no excuse for any performance, operation, action, inaction, or other conduct which violates any requirement ofapplicable law. The aboveparagraph is addressedwithin the requirements of newparagraph OAC 3745-31-05(!). 

### (C) Wherever practicable, the director shall act upon applications for permits and variances in 

### sequencebased on the filing date ofa completed application.

The aboveparagraph is no longernecessarysince implementation of thePTIO program combines the applicationprocess for both PTisandPTOs.



### 69

### 3745-35-05 Permit exemptions and registration status.



### (A) Permit exemptions: (1) Except as otherwise provided in paragraph (A)(3) ofthis rule, the following air contaminant sources shall not be required to apply for, or obtain, permits-tooperate or variances: (a) Comfortventilating systems; The above exemption is addressedwithin the boilerexemptions of OAC 3745-31-03(A)(l). 

### (b) Incinerators locatedin dwellings containing six or fewer dwellingunits; The above exemption is addressed under OAC3745-31-03(A)(l)(t). 

### (c) Sources, located in dwelling units, from which products ofcombustion are the sole emissions, and which burn oil, natural gas, or other fuel for the production of steam, hot water, or hot air at rates ofless than one million Britishthermal unitsperhourwhen operated at themaximum capacity;

The above exemption is addressed under OAC3745-31-03(A)(l)(a) to (A)(l)(c). 

### (d) Gasoline storage tanks, grain dryers and storage silos which are located on farms and used solelyfor farming activities.

The above exemption is addressed under OAC3745-31-03(A)(l)(o). (2) 

### The exemptions specified within paragraph (A)(l) ofthis rule shall not relieve any air contaminant source from the responsibility to comply with applicable law, ordinances, rules or regulations ofany political subdivision ofthe state of Ohio. The aboveparagraph is addressed under OAC3745-31-03(A)(comment) and OAC3745-31-02(F). 

### (3) If, in the director's judgment, based on a review of mass emission test data, visible emissionreadings, emission factors, mass balance data, source inspection information, or other pertinent information, a source described in 

### paragraphs (A)(l)(a) to (A)(l)(e) ofthis rule has violated, may presently be violating, or may in the future violate applicable law, the director shall notify the owner or operator ofthe source in writing that the source is no longer exempt pursuant to paragraph (A)(l) ofthis rule. The owner or operatormay contest the withdrawal ofexemptionbyfiling with the hearing clerk, withinthirtydays ofreceipt ofthe written notification, a request for adjudication hearing. At the close ofhearing 70procedures, the director shall restore the exemption ifthe owner or operator has demonstrated that the source has not violated, is not presentlyviolating, and will not in the future violate applicable law. Nothing in this paragraph shall be constrned as abrogating the compliance responsibility set forth in paragraph (A)(2) ofthis rule. The above paragraph is addressed under OAC 3745-31-02(D) and was therefore not incorporatedverbatim. (B) Registration status: The registration status system willno longer beapplicable under thePTIOprogram. We incorporated the registration status requirements below into new OAC 3745-31-08for historicalpurpose and for those sources that existedprior to implementation of the PTIO program (grandfathered). (1) The director may place an application for a pernrit-to-operate for an air contaminant source on registration status, rather than issuing a permit-tooperate, ifthe owner or operator ofsuch source demonstrates to the satisfaction ofthe director that the source is in compliance with applicable law and ifeither ofthe following conditions are met: (a) The source is not subject to any mass emissiOns limitation or control requirement specifiedwithin orpursuantto any applicable law; or (b) The source is subject to a mass emissions limitation or control requirement specified solely within Chapter(s) 3745-17, 3745-18 and/or 3745-21 ofthe Administrative Code; the maximum potential yearly emissions oflead and organic compounds from the source are each less than five tons; and the maximumpotential yearly emissions ofparticulates and sulfur dioxide from the source are each less thantwenty-five tons. The aboveparagraph (B)(1) is incorporated into new OAC3745-31-0B(B). (2) Ifan application for a permit-to-operate for an air contaminant source is placed on registration status, the director shall so notify the owner or operator ofthe source inwriting. The aboveparagraph (B)(2) was determined to no longer benecessary because nonew registration statuspermits will be issuedunderthe PTIOprogram. (3) An application for a permit-to-operate for an air contaminant source mayremain onregistration status until removed in accordance with paragraph (B)(4) ofthis rule. The aboveparagraph (B)(3) was determinedto no longer be necessary because no new registration statuspermits will be issuedunderthe PTIOprogram.

71(4) The director may at anytime require the owner or operator ofan air contaminant source, for which an application for a permit-to-operate has been placed on registration status, to submit an updated application for a permit-to-operate or variance and/or to demonstrate its continued compliance with the requirements ofparagraph (B)(l) of this rule. If the owner or operator complies with this request of the director within a reasonable period oftime as specified by the director, the updated application shall be processed in accordance with applicable rules, including retention on registration status if appropriate. Ifthe owner or operator fails to comply with this request of the director within a reasonable period of time as specified by the director, the permit-to-operate applicationpreviouslysubmittedby suchowner or operator for such source shall beremoved from registration status andprocessed in accordance with applicable rules. Any subsequent permit denial or notice of application deficiency shall serve as notice to the owner or operator ofthe source thattheirpermit-to-operate application for such source has infactbeenremoved from registration status. The aboveparagraph (B)(4) is incorporated into new OAC3745-31-0B(D). (5) Forpurposes ofparagraph (B)(l) ofthis rule: (a) "Maximum potential yearly emissions" means the total weight of lead, organic compounds, particulates or sulfur dioxide which is, or in the absence of control equipment would be, emitted from an air contaminant source in anyone calendar year. (b) "Registration status" means that the source maybe operated without having obtained a permit-to-operate or variance, and exists upon notification as providedinparagraph (B)(2) ofthis rule. The aboveparagraph (B)(5) is incorporated into new OAC3745-31-0B(A).

723745-35-06 Permits-to-operate for grain and feed processing operations and fertilizer mixing operations. The requirements under this rule are incorporated under new OAC3745-31-04(D). The language has been rearranged for claritypurposes. (A) In accordance withparagraph (B)(7) ofrule 3745-35-02 ofthe Administrative Code one application for a permit-to-operate may be submitted for the shellers, hammer mills and aspirated bagging operations and other sources subject to rule 3745-17-11 ofthe Administrative Code and which are located at a facility which constitutes a grain and feed processing operation. (B) In accordance withparagraph (B)(7) ofrule 3745-35-02 ofthe Administrative Code, one application for a permit-to-operate may be submitted for the air contaminant sources which are subject to rule 3745-17-11 ofthe Administrative Code and which are located at a facility which constitutes a fertilizer mixing operation. (C) Permits-to-operate for sources offugitive dust at grain and feedprocessing operations or a fertilizer mixing operation and which are subject to rule 3745-17-08 of the Administrative Code shall be submitted in accordance with applicable rules ofthe director.

733745-35-07 Enforceable limitations on potential to emit. The requirements underthis rule are incorporated under new OAC3745-31-05(D) which addresses all types of special terms andconditions, whetherthey aresynthetic minor terms or for aFEPTIO (federally enforceablepermit to install andoperate (formerly FESOP)). The language has been rearranged for claritypurposes andto integrate within the existing requirements forspecial terms andconditionsforPT!s. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Incorporation by Reference" section at the end of rule 3745-35-01 ofthe Administrative Code.] (A) For purposes of this rule, "potential to emit" means the maximum capacity of a stationary source to emit any federally regulated air pollutant, as defined in paragraph (DD) ofrule 3745-77-01 ofthe Administrative Code, under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit a federally regulated air pollutant, including air pollution control equipment andrestrictions onhours ofoperationor onthe type or amount ofmaterial combusted, stored, orprocessed, shallbe treated as part ofits design ifthe limitation is enforceable bythe administrator as defined inparagraph (B) ofrule 3 745-77-01 of the Administrative Code or legally andpracticably enforceablebythe state. The term does not alter or affect the use ofthis term for any other purposes under the Clean Air Act, orthe term "capacity factor" as used inTitle N ofthe Clean AirAct or the regulationspromulgated thereunder. Allbutthe lastsentence of this definition was incorporated into the existing definition forPTE under OAC3745-31-01. Itwas determined that the lastsentence was notnecessary orcontained in the corresponding federal definition. (B) Enforcement limitations on the potential to emit of a source may be established through anyofthe following mechanisms: (1) Terms and conditions of a final permit-to-install issued by the director under Chapter 3745-31 ofthe Administrative Code; (2) Terms and conditions of a final permit-to-operate issued under this chapter, provided that onlythose terms and conditions necessary to limit the potential to emit of the source and expressly designated as federally enforceable shall be federally enforceable, and provided further that the permit was first issued as a draft or proposed action with an opportunity for public comment under rule 3745-47-05 ofthe Administrative Code with concurrent notice and opportunity for comment given to administrator of the United States environmental protection agency region five. During the public comment period, if the administrator objects that the terms and conditions ofthe permit-to-operate are not federally enforceable, the director shall not issue the permit-to-operate until such objectionhasbeenresolved; or

74

### (3) Rules or orders of the director that are submitted to and approved by the administrator as reVIsiOns to the state implementation plan under sectionsSections 110 and 112(1) ofthe Clean AirAct. Upon the request of the owner or operator of a stationary source, any of the mechanisms provided in paragraph (B)(l), (B)(2), or (B)(3) of this rule shall allow for trading of emissions increases and decreases among emissions units located at the same source that is consistent with the Clean Air Act for the purpose ofcomplying with a federally enforceable cap on the potential to emit ofthe source. Such limitations shall ensure that the trades are quantifiable and enforceable and require seven-day advance notification to the appropriate Ohio environmentalprotection agency district office or delegatedlocal air agency. (C) In orderto be federally enforceable, a limitationmust: (1) Specifyan aunuallimit on emissions from the source; (2) Specify a short-term limit on emissions for each pollutant to be restricted, and specify a short-term limit onproduction or operation, provided that for purposes ofthis rule, acceptable short-term limitations on production or operation shall include, but not be limited to, a thirty-day average or three hundred and sixtyfive-day rolling average limitation computed each calendar day, a monthly limitation, or arolling twelve-month summation limitation; and (3) Specify adequate and enforceable methods for establishing compliance with the aunual and short-term limits, using methods from 40 CPR Part 60, Appendix A or40 CPRPart 51, Appendix M where appropriate; and (4) Be no less stringent than any federally applicable requirement to which the source is subject. (D) Approval ofthis rule bythe administratoris aprerequisite offederal enforceability of limitations underparagraph (B)(2) ofthis rule. Paragraph (D) was not incorporateddirectly. It is replacedwith the language in OAC3745-31-05(D)(l)(b)[Comment]

75

### 3745-35-08 General permit-to-operate. The requirements for this rule are incorporated into the existing requirements for generalPTis under OAC3745-31-29. 

### [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Incorporation by Reference" section at the end of rule 3745-35-01 ofthe Administrative Code.] (A) Development ofmodel general permits The director may develop a model general permit for any category of air contamination sources, or specific portions of any category of air contamination sources, subjectto the following conditions: (1) A model generalpermit shall applyto: (a) Processes producingthe same or similarproducts; (b) Processes emitting the same or similar air contaminants; (c) Methods for capturing and controlling the air contaminants that are the same or limitedto a smallnumber ofspecific alternatives; and (d) Processes that are subject to the same emissions limitations, monitoring requirements, federal standards, or staterules. (2) A model general permit shall identify criteria by which an air contaminant source(s) may qualify for the associated general permit and shall include terms and conditions under which the owner or operator agrees operate the permitted air contaminant source(s). At a minimum, these terms and conditions shall include: (a) Applicable emissions limitations and/or control requirements; (b) Anynecessaryoperationalrestrictions; (c) Anynecessarymonitoring, reporting andrecordkeepingrequirements; and (d) Testingrequirements. (3) The director shall provide an opportuuity for public comment on the form and content ofa model general permit as follows: (a) The director shall announce availability for comment on draft model general permits under development containing the requirements inparagraph (A)(2) of this rule, providing a minimum of thirty days comment period. The 76

### director shall publish notice in Ohio's major newspapers, the Ohio environmental protection agency publication, "Weekly Review," on the Ohio environmental protection agency website, and provide electronic notificationto interestedparties. (b) The director shall announce the final form of model general permits that were under development by publishing notice in Ohio's major newspapers, the "Weekly Review," on the Ohio environmental protection agency website, andprovide electronic notificationto interestedparties. (c) Final model general permits are not actions ofthe director and are, therefore, not subject to appeal. (4) Model general permits shall be reviewed at least once every fiv(f years from the date ofannouncement ofthe final form. (a) The review ofthe model general permit shall follow the same procedures for public comment as the draft and final form of the model general permits under developmentpursuant to paragraph (A)(3) ofthis rule. (b) Auy person may make a written request for Ohio environmental protection agency review of the model general permit document prior to the Ohio environmental protection agency initiated review. Upon receipt of the request, the Ohio environmental protection agency will initiate the review procedure described inthis rule. (5) Only the director may modify model general permits. Modifications to model general permits shall follow the same procedures pursuant to paragraph (A)(3) of this rule, except administrative modifications may occur without following the rules of procedure contained within this chapter. Existing final general permits are not affectedbychanges to the model generalpermit. (B) Generalpermit-to-operate applicability A generalpermit-to-operate maybe applied for and obtained if: (1) All of the qualifications and requirements described in this chapter are met, except as notedinparagraph (C)(2) ofthis rule; (2) The air contaminant source meets all ofthe qualifications listed in the requested model generalpermit; (3) The requested air contaminant source(s) are not affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV ofthe CleanAirAct; and



### 77(4) The requested air contaminant source is notpart ofa newmajor stationary source or major modification subject to the attainment or nonattainment provisions contained inrules 3745-31-10 to 3745-31-27 ofthe Administrative Code. (C) Generalpermit application (1) Owners or operators ofair contaminant sources requesting a general permit-tooperate shall do so using the forms prepared by the Ohio environmental protection agency. The application must include all information necessary to determine qualification for, and to assure compliance with, the general permitto-operate. (2) The applications submitted shall comply with the requirements listed under paragraph (B) ofrule 3745-35-02 and paragraph (D) ofrule 3745-35-03 ofthe Administrative Code except that the director mayprovide, in the model general permit-to-operate, for applications that deviate from the requirements of paragraph (B) ofrule 3745-35-02 and paragraph (D) ofrule 3745-35-03 ofthe Administrative Code, provided that such applications include all information necessaryto determine qualification for, and assure compliancewith, the general permit-to-operate. (D) Generalpermitprocessing The director may issue a general permit-to-operate for any model general permit developed in accordance with paragraph (A) ofthis rule for a new air contaminant source(s) ormodification(s) ofan existing aircontaminant source(s) as follows: (1) The director, athis discretion, shall issue either a draft action or a final action. (2) The director shall comply with the procedures for notification under Chapter 3745-47 ofthe Administrative Code priorto issuing a general permit-to-operate as follows: (a) The director shall provide notification ofrequests by owners or operators of an air contaminant source(s) to be covered under the terms ofthe general permit-to-operate. The director shall publish notice in a newspaper of general circulation in each county in which the air contaminant source(s) was constructed, andprovide electronic notificationto interestedparties. (b) The director shall maintain, and make available to the public uponrequest, a list ofall air contaminant source(s) that have obtained a general permit-tooperate. (3) The director may require any applicant applying for a general permit-to-operate to apply for and obtain an individual permit ifit is determined that unique site specific circumstances warrant additional limitations or permit conditions to control or mitigate environmental impacts that were not considered and addressedinthe development and issuance ofthe generalpermit-to-operate. 78(4) Authorization to operate under the general permit-to-operate shall be granted by the directorinthe form ofa final permit action. (5) If the model general permit that was the basis of any fmal general permit-tooperate has been changed per the procedures in paragraph (A)(3) of this rule, thenthe director can issuerevised generalpermits-to-operatewithpriornotice to the affected owner or operator following the issuance procedures defined in paragraph (D)(2) ofthis rule. (E) A general permit-to-operate shall be effective for a fixed term not to exceed five years. (F) General permittermination (1) Any owner or operator who was issued a general permit-to-operate may request to be excluded from the coverage ofthe general permit-to-operate by applying for an individual permit or alternative general permit-to-operate. The owner or operator shall submit an application with reasons supporting the request. Ifthe director issues an individual permit or alternative general permit-to-operate, the applicability of the general permit-to-operate to the individual permittee is automatically terminated on the effective date of the individual permit or alternative generalpermit-to-operate. (2) The director may revoke a general permit-to-operate per paragraph (F) ofrule 3745-35-02 ofthe Administrative Code. (G) Enforcement action for failure to qualifyorcomply An air contaminant source(s)'s owner or operator who requests and is granted authorityto operate under a generalpermit-to-operate shallbe subjectto enforcement action for operating without a permit if the air contaminant source(s) is later determined not to qualify for the conditions and terms of the general permit-tooperate.



### 79

# OAC CHAPTER 3745-15

Ohio EPA amended OAC rule 3745-15-03 to incorporate reporting requirements. The draft changes are identified in this section ofthe synopsis.



### 80DRAFTCHANGES TO OAC RULE3745-15-03

3745-15-03 

### Submission ofemission information.
This ruleprovides the director with authority to requireperiodic reporting. Currently, DAPC includes the requirements for quarterly reporting (seeparagraph (C) below) in all PTis and PTOs issued. Under the PTIOprogram, the quarterly reportingprogram is being changed to a Permit Evaluation Report (PER) program. Compared to quarterly reporting, the PER will provide greater amounts ofcompliance information and be simpler to complete. Under the PTIOprogram, eachfacility that receives a PTIO will be obligated to submit a PER rather than a quarterly report. The PER will need to be submittedon an annualbasis for all emissions units regulatedbyaPTIO. The information provided in the PER will include information historically required through specific quarterly reporting along with additional more comprehensive information notpreviously reported. Under the PTIOprogram, Ohio EPA willprovidefacilities with a PERform and annual reporting reminders. Ohio EPA district staffand local air agencies will also assist facilities with completion of the report as needed. The new structuredreporting regimen is expectedto increase compliance, improve consistency in reportingand leadto a better understandingof permittee record-keepingandreporting obligations. Facilities will use the PER to report compliance issues, deviations, exceedances, and visible emission incidents. Ohio EPA staff willalso conduct regulatory oversight through review of PER data andcompliance inspections. An additional benefit of the PER is increased communication betweenfacilities and Ohio EPA. Facilities can use the PER to report changes in ownership, business shutdowns, shutdown ofemissions units and violations. Gathering this information in a consistent andpredictable manner will also help improve the accuracy ofdata available to the public.

+he director may require the keeping and periodic submission of records and reports, including but not limited to, information on air contaminants, emissions or fuel from any or all potential sources for purposes ofmaintaining an airpollution emission inventory or any other reasonable purpose as determined by the director. Such information shall be recorded, compiled, and submitted in amanner and fonn prescribedbythe director. (A) The 

### director may require the keeping and periodic submission of records and reports, including but not limited to, information on air contaminants, emissions or fuel from any or all potential sources for purposes ofmaintaining an air pollution emission inventory or any other reasonable purpose as determined by the director. Such information shall be recorded, compiled, and submitted in a manner and form prescribed bythe director._ (B) Periodic reporting. 

### 81(l) Requirements under paragraph (C) ofthis rule shall be applicable to an owner or operator ofa facility: (a) Issued a permit-to-install, pursuant to Chapter 3745-31 ofthe Administrative Code, or (b) Issued a federally enforceable permit-to-install and operate (FEPTIO), pursuant to Chapter 3745-31 of the Administrative Code; however, this requirement shall onlybe applicable to the terms and conditions specifically identified in the FEPTIO as subject to reporting under paragraph (C) ofthis rule, or (c) Issued a permit-to-install and operate (PTIO), pursuant to Chapter 3745-31 of the Administrative Code, for a source for which a Title V permit is subsequently issued, pursuant to Chapter 3745-77 of the Administrative Code. (2) Requirements under paragraph (D) ofthis rule shall be applicable to an owner or operator ofa facility issued a permit-to-install and operate (PTIO) or a federally enforceable permit-to-install and operate (FEPTIO), pursuant to Chapter 3745- 31 of the Administrative Code, for a source not subject to the requirements of Chapter 3745-77 ofthe Administrative Code. (C) Quarterly report. (!) Pursuant to paragraph (A) of this rule, each permit described under paragraph (B)(!) ofthis rule shall require the owner or operator submit a quarterly report of: (a) Any deviations from emtsswn limitations, operational restrictions, and control device operating parameter limitations that have been detected by the testing, monitoring, and recordkeeping requirements specified in such permit; (b) The probable cause ofsuch deviations; and (c) Any corrective actions or preventive measures which have been or will be taken to remedy the deviations; or (d) Ifno deviations occurred during a calendar quarter, the owner or operator shall submit a quarterly report, which states that no deviations occurred during that quarter. (2) For the purposes of this rule, quarterly shall mean January to March, April to June, July to September, and October to December. Each report shall be submittedby the thirty-first ofJanuary, thirtieth ofApril, thirty-first ofJuly, and thirty-first of October of each year, or any other variation of a continuous

82quarterly period the director approves, and shall cover the previous calendar quarter. [Comment: "submitted" as used above will be considered the postmark date, if sent by United States postal service; the electronic signature date, if submitted through the Ohio environmental protection agency's electronic reporting system; or the signature date ofthe receipt, ifhand delivered in person to the appropriate Ohio environmental protection agencydistrict office or local air agency.] (3) Unless required by Chapter 3745-77 of the Administrative Code, quarterly reports may exclude the requirements ofparagraphs (C)(l)(a) to (C)(l)(c) ofthis rule for reported deviations resulting from malfunctions reported in accordance with rule 3745-15-06 ofthe Administrative Code. In lieu ofthe requirements of paragraphs (C)(!)(a) to (C)(l)(c), the owner or operator shall identify in the quarterly report the date the malfunction occurred and the form in which it was reported (e.g., telephone, e-mail, written). (4) Reports submitted in accordance with Chapter 3745-77 of the Administrative Code, for sources subject to Chapter 3745-77 ofthe Administrative Code, shall be deemed to meet the requirements for quarterly reporting under this rule ifthe requirements contained inparagraph (C) ofthis rule are satisfied in the reporting required under Chapter 3745-77 of the Administrative Code. The owner or operator shall identifyin any report submitted under the requirements ofChapter 3745-77 of the Administrative Code when such report is being submitted in accordance with this paragraph. (D) Permit evaluation report. (!) Pursuant to paragraph (A) of this rule, each permit described under paragraph (B)(2) of this rule shall require the owner or operator to submit a permit evaluation report, in a form and manner prescribed by the director, which identifies, at a minimum: (a) A list ofa\1 air contaminant sources that have been issued a permit described underparagraph (B)(2) ofthis rule; (b) Additional information or corrections to air contaminant sources identified in the permit evaluationpermit; (c) Any deviations from emission limitations, operational restnctwns. and control device operating parameter limitations that have been detected by the testing, monitoring, and recordkeeping requirements specified in such permit; (d) The probable cause ofsuch deviations; and (e) Any corrective actions or preventive measures which have been or will be taken to remedy the deviations; or 83(0 Ifno deviations occurred during the reporting period, the owner or operator shall identify in the permit evaluation report that no deviations occurred during that reportingperiod. (2) Reportingperiod. (a) The permit evaluationreport shall be submitted annually, at a minimum, and cover a reporting period of no more than twelve-months for each air contaminant source. The first permit, described under paragraph (B)(2) of this rule, issued to an owner or operator shall identify the reporting period for the covered air contaminant source. This reporting period shall be applied to all subsequent air contaminant sources issued permits described under paragraph (B)(2) of this rule. The four possible reporting periods, and subsequent permit evaluation report due dates are: (i) January first to December thirty-first, report due byFebruary fifteenth. (ii) April first to Marchthirty-first, report due byMayfifteenth. (iii) July first to June thirtieth, report due by August fifteenth. (iv) October first to Septemberthirtieth, report duebyNovember fifteenth. (b) The permit evaluation report shall be submitted to the appropriate Ohio environmental protection agency district office or local air agency by the due date specified. [Comment: "submitted" as used above willbe considered the postmark date, if sent by United States postal service; the electronic signature date, if submitted through the Ohio environmental protection agency's electronic reporting system; or the signature date ofthe receipt, ifhand delivered in person to the appropriate Ohio environmental protection agency district office or local air agency.] (c) The Ohio environmental protection agency shall provide opportunity for an owner or operator to request a change in the permit evaluation reporting period and due date through procedures establishedbythe director. (3) Unless required by Chapter 3745-77 of the Administrative Code, permit evaluation reports may exclude the requirements of paragraphs (D)(l)(c) to (D)(l)(e) of this rule for reported deviations resulting from malfunctions reported in accordance with rule 3745-15-06 ofthe Administrative Code. In lieu ofthe requirements ofparagraphs (D)(l)(c) to (D)(l)(e), the owner or operator shall identify in the permit evaluation report the date the malfunction occurred and the form inwhich it was reported (e.g., telephone, e-mail, written).

84

# Appendix B Letter from Joseph P.

Koncelik, Director, to Thomas Skinner, Regional Administrator, entitled, "Request for Approval of Ohio Administrative Code ("OAC") Chapter 3745-31 NSR Reform Rule Changes into the State Implementation Plan ("SIP).

-45-.STREET ADDRESS: Lazarus Government Center 122 S. Front Street

_. Columbus, Ohio 43215 

## NOV 1.5 2005

Mr. Thomas Skinner Regional Administrator U.S. EPA Region V 77 W. Jackson Blvd. Chicago, IL 60604 State ofOhio Environmental Protection Agency

.

TELE' (614) 644·3020 FAX' (614) 644-3184 www.epa.state.oh.us MAILING ADDRESS: P.O. Box 1049 Columbus, OH 43216-1049



### Re: RequestforApproval of Ohio Administrative Code ("OAC") Chapter 3745-31 NSR Reform Rule Changes intothe State Implementation Plan ("SIP") Dear Mr. Skinner: In November, 2004, Ohio EPA provided you with a letter requesting approval of our proposed NSR Reform regulations into the SIP. Then in March, 2005, we received comment regarding our Clean Unit rules from the reviewer, Genevieve Damico, in your Region V office. In response I prepared a conditional approval requestto address these concerns. In light ofthe Jul']e 24, 2005 D.C. Circuit Court ofAppeals ("Court") decisions regarding thefederal NSR Reform regulations, I am requesting full approval of onlythose portions of our final NSR Reform rules that are equivalent to those federal regulations which have not been vacated. Attached is a synopsis ofthe portions ofOhio EPA's rules forwhich I am withdrawing my request from consideration. Ohio EPA intends to amend the remaining portions of our rule when a final decisions regarding the NSR Reform regulations is made in the appellate system. At that time, if necessary, Iwill submitthe remaining portions ofthe NSR Reform rules for SIP approval. Until such time, Ohio EPA will not implementthe federal Pollution Control Project (PCP) and Clean Unit provisions vacated bythe court. We have drafted a Guidance Document to communicate this information to all stakeholders (attached}. I believe we have already addressed the Court's decision remanding the record keeping and reporting requirements when there is not a "reasonable possibility" of a significant emissions increase. Ohio EPA incorporated a requirementthatallfacilities "wherethe sum of the federally enforceable potential to emit of the new or modified emissions units associated with the NSR project prior to the issuance ofthe NSR project's [minor NSR] permit to install is greater than any one of the significant levels found in the significant definition of rule 3745-31-01 of the Administrative Code" must record and submit the documents required under the original rule regardless of a reasonable possibility determination. Therefore, I intend to request full approval of Ohio EPA's rules regarding this issue. Bob Taft, Governor



### @ PrintedonReoycledPaper Bruce Johnson, Lieutenant Governor Joseph P. Koncelik, Director Ohio EPAis an Equal Opportunity EmployerNSR Reform SIP Approval Page 2 of 2 

### On afinal note, Ohio EPA inadvertently included, as part ofa referencefor40 CFR 51.165; "Permit requirements," the federal register page number and promulgation date of the Equipment Replacement Provisions (ERP) (i.e., 68 FR 6127-6, Oct. 27, 2003). Ohio's rules do not contain language regarding the ERP itself, which was vacated by the court. This federal register notice and date was inadvertently added to the list of amendments that have occurred to 40 CFR 51.165 as part of a routine procedure for updating Ohio's references contained within rules as required by S.B. 265. We feel this reference is meaningless because there are no ERP provisions included in Ohio's rules. However, we wish to make it clear that we have no intention of implementing the ERP provisions until such time the Court decides otherwise and the provisions are incorporated into Ohio's rules. Wewill be removing the reference in the nearfuture as identified in the attachment.

Based on the recent events and our current request, I am requesting you grant us SIP approval for the NSR Reform rules. Please contact Bob Hodanbosi if you have any questions aboutthis submittal.

. Koncel k

Bob Hodanbosi, Chief Division ofAir Pollution Control Genevieve Damico, U.S. EPA, Region V JPK!jln att

### A. Synopsis of Reauest for SIP Approval: NSR Reform The following portions ofthe NSR Reform Rules contained in Ohio Administrative Code Chapter 31 are being retained in Ohio's rules until any necessaryfuture amendments are made. I am withdrawing my original request for approval ofthese sections ofChapter 31 into the SIP. 1. OAC 3745-31-01

## M. Definition for Clean Unit. 2. OAC 3745-31-01(111)(4)(c). Emission test for NSR projects that involve clean units 3. OAC 3745-31-01(111)(5)(h). Exclusion ofa PCP from a physical change or change in the method ofoperation 4. OAC 3745-31-01(SSS)(3)(d). Exemption of increases or decreases in Clean Units from the determination ofa net emissions increase. 5. OAC 3745-31-01(SSS)(3)(f)(iv). The requirements for credibility of decreases in emissions from Clean Units and PCPs when determining a net emissions increase. 6. OAC 3745-31-01 (RRRR). Definition of PCP. 7. OAC 3745-31-22(A)(3)(e) and OAC 3745-31-22(A)(3)(f). The exclusion of· Clean Unit or PCP emission reductions from use in determining emissions offsets. 

### 8. 3745-31-30 Clean unit. 

### 9. 3745-31-31 Pollution control project. B. The following references to Clean Units (or OAC 3745-31-30) or PCPs (or OAC 3745-31-31) that are contained within the portions ofthe NSR Reform rules not vacated by the Court are meaningless considering Ohio EPA's intention to not implement either program. Because these portions ofthe rules remain vital to implementation ofthe remaining portions ofthe NSR Reform regulations, I am requesting approval ofthe language with the exception ofthe references, which are shown as stricken text below

.. Again, in the future, Ohio EPA will be making any necessary amendments to the following passages and resubmitting those changes for SIP approval. · 1. OAC 3745-31-01 (111)(2): Comment regarding the determination ofa significant net emissions increase "[Comment: Except as otherwise provided in rules 3745-31-31 and Page 1

### 3745-31-32 ofthe Administrative Code, and consistent with the definition of major modification, a NSR project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases; a significant emissions increase and a significant net emissions increase. The NSR project is not a major modification if it does not cause a significant emissions increase. If the NSR project causes a significant emissions increase, then the NSR project is a major modification only if it also results in a significant net emissions increase.]" 2. OAC 3745-31-01(111)(4)(d). Hybrid test for NSR projects that involve multiple types ofemissions units. "A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (111)(4)(a) to (111)(4)(c) ofthis rule as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. For example, ifa NSR p1ojeet**irrvol~·es** 

### both an existiFig emissions 1:1nit and a elean unit, tl=le projeeteel increase 

### is determined fry Sl:ll"flming the talues determined tJSing the method speeified in paragraph (111)(4)(a) of this rtJie forthe existing tJnit and tJsing the method speeified in paragraph (111)(4)(e) oftl1is rt:lle for the elean tJnit." 3. OAC 3745-31-10(8). Relaxation of Enforceable Limitations. "At such time that a particular stationary source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation established after August 7, 1980, on the capacity ofthe stationary source or modification otherwise to emit an air pollutant, such as a restriction on hours ofoperation, the requirements of rules 3745-31-10 to rule 3745-31-27 and 3'i"45 31 39 

### to 3745-31-32 ofthe Administrative Code shall apply to the stationary source or modification as though construction had not yet commenced on the stationary source or modification." 4. OAC 3745-31-10(C). The reasonable possibility clause. ''The following provisions apply to NSR projects at existing emissions units at a major stationary source (otherthan NSR projects at a elean tJnit orat a stationary source with a PAL) in circumstances where there is a reasonable possibility that a NSR project that is not part ofa major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraph (ZZZZ) of rule 3745-31-01 

### Page2

### ofthe Administrative Code for calculating projected actual emissions." C. The following element will be stricken from Chapter 31 during the required 5-year review due to be completed by June 2006. We request the stricken text not be included in the SIP approval process. 1. OAC 3745-31-01 (ZZZZZ)(2)(h): "40 CFR 51.165; "Permit requirements;" 51 FR 40669, Nov. 7, 1986, as amended at 52 FR 24713, July 1, 1987; 52 FR 29386, Aug 7, 1987; 54 FR 27285, 27299 June 28, 1989; 57 FR 3946, Feb. 3, 1992; 57 FR 32334, July 21, 1992; 67 FR 80244, Dec. 31, 2002; 68 FR 61276, Get. 27, 2003; 68 FR 63027, Nov. 7, 2003." This passage provides a reference for 40 CFR 51.165 where used in the Chapter 31 rules. Ohio EPA inadvertently left the federal register notice, "68 FR 61276, Oct. 27, 2003,"forthe previously vacated ERP rule. The regulations promulgated underthat federal register notice that were later vacated are not contained within the text of Chapter 31 and therefore, the reference should be.amended.

# Ohio EPA Division ofAirPollution Control



# inter-office communication

to:

.from:



### cc: subject: date: AllAirPermitting andEnforcementStaff 

### Bob Hodanbosi, ChiefDAPC Mike Hopkins Implementation ofNSR Reform Pollution Control Projectand Clean UnitProvisions October26, 2005

After an extensive public participation process, Ohio EPA incorporated the 2002 federal NSR Reform Regulations into Chapter 31 ofthe Ohio Administrative Code ("OAC") in October of2004. On June 24, 2005, the D.C. Circuit Court ofAppeals ("Court") made a decision regarding challenges to the 2002 federal NSR Reform regulations. The results include the vacation ofthe Clean Unit applicability test and the Pollution Control Project (PCP) exemption. The court also remanded the recordkeeping provisions to the U.S. EPA to either provide an acceptable explanation for its "reasonable possibility" standard or to devise an appropriate alternative standard. The purpose ofthis IOC is to provide guidance on how Ohio EPA Division ofAir Pollution Control ("DAPC") will address the PCP and Clean Unit provisions contained in the OAC. Ohio EPA has no intention ofimplementing the PCP and Clean Unitprovisionsvacated by the court until .such time that the Court, or U.S. EPA, incorporates changes or renders a new decision regarding theirvacation. At this time, Ohio EPA has decided notto amend the OACto removethese provisions. However,we have requested U.S. EPAapproveonly those portions ofOhio's NSR Reform rules into the State Implementation Plan (SIP) that have riot been vacated by the court. Ohio EPA intends to amend the relevant portions of our rule, or request full SIP approval when a final decision regarding the NSR Reform regulations is made in the appellate system. Ohio EPA believes we have already addressed the Courts decision remanding the record keeping and reporting requirements when there is not a "reasonable possibility" of a significant emissions increase. Ohio EPA incorporated a requirement that all facilities "where the sum of the federally enforceable potential to emit of the new or modified emissions units associated with the NSR project priorto the issuance ofthe NSR project's [minor NSR] permit-to-install is greaterthan any one ofthe significant levels found in the significantdefinitionofrule 3745-31-01 oftheAdministrativeCode" mustrecord and submit_,_....· the documents required under the original rule regardless of a reasonable possibility determination. Therefore, we intend to request full SIP approval of Ohio EPA's rules regarding this issue. Please notethatthe Court's ruling affectsthe applicability ofmajor NSRfor PCPs butdoes notaffectourstate-based Pollution Control or Pollution Prevention Exemption under OAC 3745-31-01(PPP)(1)(a)(vi). If a major modification is not applicable, a source may be exempted from a modification underthe state-based program ifthe change is considered a Pollution Control or Pollution Prevention Project. In closing, any correspondence or applications received from the regulated community requesting a PCP exclusion ora Clean Unitdesignationwill not be processed by Ohio EPA until such time that the Court's render an alternate decision. I have attached below a copy ofthe synopsis ofthose provisions of Ohio's NSR Reform rules forwhich we are not requesting SIP approval. Ifyou have any questions, pleasefeel free to contact the Central Office Permitting Section. Thankyou, Bob Hodanbosi Chief, Ohio EPA DAPCSynopsis of Request for SIP Approval: NSR Reform 

### A. The following portions ofthe NSR Reform Rules contained in Ohio Administrative Code Chapter 31 are being retained in Ohio's rules until any necessary future amendments are made. Iam withdrawing my original requestforapproval ofthese sections of Chapter 31 into the SIP. 1. OAC 3745-31-01 (Y). 

### Definition for Clean Unit. 2. OAC 3745-31-01 (111)(4)(c). EmissiontestforNSR projectsthat involve clean units 3. OAC 3745-31-01 (111)(5)(h). Exclusion of a PCP from a physical change or change in the method of operation 4. OAC 3745-31-01 (SSS)(3)(d). Exemption ofincreases ordecreases in Clean Units from the determination ofa net emissions increase. 5. OAC 3745-31-01 (SSS)(3)(f)(iv).Therequirementsforcredibilityofdecreases in emissions from Clean Units and PCPs when determining a netemissions increase. 6. OAC 3745-31-01(RRRR). Definition of PCP. 7. OAC 3745-31-22(A)(3)(e) and OAC 3745-31-22(A)(3)(f). The exclusion of Clean Unit or PCP emission reductions from use in determining emissions· offsets. · 

## B. 3745-31-30 Clean unit. 

### 9. 3745-31-31 Pollution control project. B. The following references to Clean Units (or OAC 3745-31-30) or PCPs (or OAC 3745-31-31) that are contained within the portions ofthe NSR Reform rules not vacated by the Court are meaningless considering Ohio EPA's intention to not ·implement either program. Because these portions of the rules remain vital to implementation of the remaining portions of the NSR Reform regulations, I am requesting approval ofthe languagewith the exception ofthe references, which are shown as stricken text below

.. Again, in the future, Ohio EPAwill be making any necessaryamendmentsto thefollowing passages and resubmitting those changes for SIP approval. 1. OAC 3745-31-01(111)(2): Comment regarding the determination of a significant net emissions increase "[Comment: Except as otherwise provided in rules 3745-31-31 and

### 3745-31-32 of the Administrative Code, and consistent with the definition ofmajor modification, a NSR project is a majormodification for a regulated NSR pollutant if it causes two types of emissions increases; a significant emissions increase and a significant net emissions increase. The NSR project is not a major modification if it does not cause a significant emissions increase. Ifthe NSR project causes a significant emissions increase, then the NSR project is a major modification only if it also results in a significant net emissions increase.]" 2. OAC 3745-31-01 (111)(4)(d). HybridtestforNSRprojectsthat involve multiple types ofemissions units. "A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (111)(4)(a) to (111)(4)(c) ofthis rule as applicablewith respectto eachemissions unit, for each type of emissions unit equals or exceeds the significant amountforthat pollutant. For exan 1ple, ifa NSRprojeet invol·ves botl 1 an existing e!T'oissions unit and a elean unit, the projeeted inerease is deter1nined by sun 11 

### ning the "Values determiued usiug the method speeified in paragraph (111)(4}{a) of

### tl 1is rule for the existing u1 1it and using the n1ethod speeified i1 1paragraph (111)(4)(e) oftllis rule forthe elean tJRit." 

### 3. OAC 3745-31-10(8). Relaxation of Enforceable Limitations. "At such time that a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the stationary source or modification otherwiseto emitan air pollutant, such as a restriction on hours of operation, the requirements of rules 3745-31-10 to rule 3745-31-27 and 3745 31·38 to 3745-31-32 ofthe Administrative Code shall apply to the stationary source or modification as though construction had not yet commenced on the stationary source or modification." 4. OAC 3745-31-10(C). The reasonable possibility clause. ''Thefollowing provisions applyto NSR projects at existing emissions units ata majorstationarysource (otherthan NSR projects at a elean uuit or at a stationary source with a PAL) in circumstances where there is a reasonable possibility that a NSR project that is not part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in

### paragraph (ZZZZ) 

### of rule 3745-31-01 ofthe Administrative Code for calculating projected actual emissions." C. The following element will be stricken from Chapter 31 during the required 5-year review due to be completed by June 2006. Werequest the stricken text not be included in the SIP approval process. 1. OAC 3745-31-01 (ZZZZZ)(2)(h): "40 CFR 51.165; "Permit requirements;" 51 FR 40669, Nov. 7, 1986, as amended at 52 FR 24713, July 1, 1987; 52 FR 29386, Aug 7, 1987; 54 FR 27285, 27299June28, 1989; 57 FR 3946, Feb. 3, 1992; 57 FR 32334, July 21, 1992; 67 FR 80244, Dec. 31, 2002; 68 FR 61276, Get. 27, 2993; 68 FR 63027, Nov. 7, 2003." This passage provides a reference for 40 CFR 51.165 where used in the Chapter31 rules. Ohio EPA inadvertently leftthefederal register notice, "68 FR 61276, Oct. 27, 2003," for the previously vacated ERP rule. The regulations promulgated under that federal register notice that were later vacated are not contained within the text of Chapter 31 and therefore, the reference should be amended.