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 JCARR jurisdiction). 

• 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 

1 After January 2, 2008 and prior to this refliing, Ohio EPA exchanged informal comments and discussions 

with several trade organizations and their attorney in an effort to resolve concerns raised and continue with 

the rulemaking process. Please note that the January 2, 2008 refiling resulted in NO 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. 

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REORGANIZATION 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 Chapter 3745-31. 

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 

• 37 45-31-05 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 "NSR projects at 

existing emissions units at a major stationary source." 

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

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

• 3745-31-29 General Permit to install-renamed "General permit-to-install 

and general PT/0." 

• 3745-31-30 Clean Unit-renamed "Reserved." NOTE- all the language in 

this entire rule was stricken as part of the 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 of the NSR Reform 

changes discussed above. 

• 3745-31-32 Plantwide Applicability Limit 

• 37 45-31-33 Site preparation activities prior to obtaining a final permit-toinstall -renamed "Site preparation activities prior to obtaining a final 

permit-to-install or PT/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 of an existing rule and a comparable amount of new text is being added. 

• 3745-31-06 Termination -renamed "Completeness determinations, 

processing requirements, public participation, public notice and issuance." 

• 37 45-31-08 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 of this 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 37 45-35. The pertinent sections of the OAC Chapter 

3745-35 rules were incorporated into various rules of OAC Chapter 3745-31. 

This section of the 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 order to implement the PTIO program. Significant portions of OAC 

Chapter 37 45-31 were also re-organized for better flow. These portions are 

identified in this section of the synopsis. 

6 
DRAFT and PROPOSED CHANGES TO OAC CHAPTER 3745-31 

3745-31-01 Definitions. 

Stricken and reserved due to the same revision to the federal definition of Clean 

Unit. [72 FR 113, promulgated June 13, 2007, effective June 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) of rule 3745-31-05 of the Administrative Code and pursuant to 

the division (A) of section 3704.037 of the Revised Code. 

Incorporated (NN) to address new terminology for what has been referred too, and 

identified in current OAC 3745-31-05 (G) as a "registration status" PTI. This 

change will reduce confUsion over what has always been, and will continue to be, a 

method for "express" processing of PTI applications. It will also reduce confusion 

between the "registration" program that was in OAC Chapter 3745-35 as part of the 

PTO program. Registration status PTOs will no longer exist under the PTIO 

program because all installation and operating terms are included in the PTIO at the 

time of issuance, eliminating the need for registration status on operations. 

However, historical registration status PTOs are grandfathered. 

~(JJJ)(4)(ej, last sentence of(4)tdj@ and (5)Eflj 

Stricken due to the same revision to the federal definition of major modification (due 

to Clean unit/ pollution control project changes) .. [72 FR 113, promulgated June 13, 

2007, effective June 13, 2007} 

(K.l(]()(LLL) - The "Major stationary source" definition is being amended under both 

paragraph (2)(a)(xxi) and (4)(t) to incorporate the following: 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 well as any facility that produces 

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 the federal definition of net emissions increase 

(due to Clean unit/ pollution control project changes). [72 FR 113, promulgated 

June 13, 2007, effective June 13, 2007} 

7 
(RRRR)CSSSS) 

Stricken and reserved due to the same revzswn to the federal definition of 

pollution control project. [72 FR 113, promulgated June 13, 2007, effective June 

13, 2007} 

(UCTTJU)CVVVV) "Potential to emit" means the maximum capacity of an emissions unit 

or stationary source to emit an air pollutant under its physical and operational design. 

Any physical or operational limitation on the capacity of the emissions unit or stationary 

source to emit an air pollutant, which includes any federally regulated air pollutant as 

defined in paragraph (DD) of rule 3745-77-01 of the Administrative Code, including air 

pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored or processed, shall be treated as part of its 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 

determining the potential to emit of a stationary source. 

The definition for potential to emit from OAC 3745-35-07(A) was incorporated into 

the same definition of this chapter. Both definitions have been approved as part of 

Ohio's state implementation plan, one to address new source review, and the other 

to address federally enforceable state operating permits (FESOP). FESOPs will not 

be issued under the PTIO program, rather FEPTIOs (Federally Enforceable Permitto-install and operate) 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 

subject to Chapter 3745-77 of the Administrative Code. 

This definition was incorporated to address the numerous references to permits-toinstall and permits-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 

combined system. 

Struck this paragraph as recent amendments to OAC Chapter 3745-17 removed the 

definition for TSP, which is defined as such in this rule. The equivalent federal NSR 

rules do not define TSP. 

Replaced the term "TSP matter" with "particulate matter" consistent with the 

federal equivalent of the NSR 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 of language stricken from paragraph (RRP.R)CSSSS! (due to Clean unit/ 

pollution control project changes). 

This rule also contains updates to the incorporation by reference section at the end of the 

rule. 

9 
3745-31-02 Applicability, ReEJ:IIirementsreguirements, and obligations. 

Incorporated "obligations" into the title because a large portion of OAC 3745-

31-10, "Air Stationary Source Obligations, " was moved into this rule. Added the 

term "applicability" to the title because this rule incorporates suggested new 

language to more clearly define what type of permit is applicable to the various 

types of sources. 

This chapter provides requirements for installation, modification and operation of new 

and existing air contaminant sources at facilities that are not subject to Chapter 3745-77 

of the Administrative Code. This chapter also provides requirements for installation and 

modification of air contaminant sources at facilities that are, or will be, subject to Chapter 

3745-77 of the Administrative Code. The operating requirements for air contaminant 

sources. defined as Title V sources, can be found in Chapter 3745-77 of the 

Administrative Code. 

[Comment: Prior to the effective date of this rule, requirements for permits-to-operate for 

sources not subject to Chapter 3745-77 of the Administrative Code were contained in 

Chapter 3745-35 of the Administrative Code. Upon the effective date of this rule, 

Chapter 3745-35 was rescinded and all operating requirements for sources at facilities not 

subject to Chapter 3745-77 of the Administrative Code were incorporated into this 

chapter. Rules 3745-31-01 to 3745-31-07 of the Administrative Code provide regulatory 

requirements for installation and modification for all sources. Rules 3745-31-01 to 3745-

31-07 of the Administrative Code also provide regulatory requirements for operation of 

sources at facilities not subject to Chapter 3745-77 of the Administrative Code. Rule 

3745-31-08 of the Administrative Code provides the on-going regulatory requirements 

for sources at facilities not subject to Chapter 3745-77 of the Administrative Code that 

previously received registration status for permit-to-operate purposes under the now 

rescinded Chapter 3745-35 of the Administrative Code. Updated requirements for 

registration status, now defined as express permit-to-install or express PTIOs. are 

incorporated into rule 3745-31-05 of the Administrative Code. Rule 3745-31-09 of the 

Administrative Code provides for operation or other use of an air contaminant source that 

emits any air pollutant under a variance. This provision was previously established in the 

now rescinded rule 3745-35-03 of the Administrative Code. Rule 3745-31-29 of the 

Administrative Code provides for general permits-to-install and general PTIOs. Rule 

3745-31-33 of the Administrative Code identifies activities that are included and 

excluded from meaning of begin actual construction, as defined in rule 3745-31-01 of 

the Administrative Code. The remaining rules in this chapter, rules 3745-31-10 to 3745-

31-28 and rules 3745-31-30 to 3745-31-32 of the Administrative Code, provide 

additional regulatory requirements for installation and modification of air contaminant 

sources that are located at a major stationary source or are considered major 

modifications, as defined in rule 3745-31-01 of the Administrative Code. Installation or 

modification of air contaminant sources that are located at a major stationary source or 

are considered major modifications, are, or will become, subject to Chapter 3745-77 of 

the Administrative Code. The operating regulatory requirements for these types of 

sources are contained in Chapter 3745-77 of the Administrative Code.] 

10 
Incorporating the above paragraph and comment to more clearly identify the 

changes to, and purpose 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 sf a new semee sf air pellutants, er 

eause, pe1mit, er &!lew the meaifieatien sf an air eeHtaminant seuree, v?itheut 

first ebtaiHiHg a permit IS install ffem the aireeter. 

Last sentence above was struck and incorporated, along with additional 

language, into paragraphs (A)(l)(a) to (A)(l)(c )below in order to describe when 

sources need to apply for the various permits required under 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 of the 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 of any new source 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 a PTIO from 

the director; or 

[Comment: paragraph (A)(l )(b) of this 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 of the Revised 

Code, from continuing operation in accordance with the expired permit-tooperate until such time as a new PTIO is issued or denied.] 

(c) Operation of any 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 of a PTIO from the director, which may include: 

(i) Requirements for equipping the air contaminant source with 

instrumentation and sensing devices to monitor and record emiSSIOn 

11 
data and other information about the operation of the air contaminant 

source; and 

(ii) Requirements for performance tests that demonstrate that the source is 

in compliance with applicable emission limitations and other applicable 

laws, at the applicant's expense, in accordance with methods prescribed 

by the Ohio environmental protection agency. The Ohio environmental 

protection agency, or its representatives may observe, participate in, or 

conduct any performance 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 are pre-1974 

sources. Chapter 35 included the above two requirements for 

sources that fit this category to ensure they would meet certain 

requirements in the operating permit when they were not required 

to get a permit-to-install or meet BAT requirements. 

(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 of this rule, may be issued a PTIO for the same air contaminant 

source. The director may require the owner or operator of the air contaminant 

source submit an updated application for the PTIO. Upon final issuance of the 

PTIO, any permit-to-install and/or permit-to-operate for the air contaminant 

source will be superseded by the issuance of the PTIO. The superseded permits 

will terminate and cease to be enforceable. 

Incorporating above new paragraph (A)(2) to afford Ohio EPA the ability 

to, over time, ensure all sources not subject to Chapter 77 (Title V) have 

all emissions units required to be permitted incorporated into the PTIO 

program with ease. This paragraph does not afford Ohio EPA the ability 

to impose requirements not applicable to a source (e.g., incorporate new 

BAT requirements), rather it affords Ohio EPA the ability to incorporate 

existing PTI and/or PTO documents into a PTIO document without 

requiring a revocation procedure. 

(2) The ewner er eperater ef any 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 ef air 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) ef that 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 

defined by rule 3743 31 01 efthe Administrative Cede. 

Language moved to new OAC 3745-31-05(F). 

12 
(3) The transferee sf any permit ts install shall asslm!e perssnally the 

respsnsi-llilities sf the sriginal permit haMer transferer. The Ohis envirsHmeH!al 

prsteetisn ageney HUlst lle nstified in 'Nriting sf any transfer sf a permit ts 

install. 

Language moved to new OAC 3745-31-07(£). 

(B) Changes in applicability: Title V versus non-Title V 

This paragraph (B) is new language to provide requirements for sources that have a 

change in applicability related to the Title V program. It does not impose any 

additional requirements compared to what exists 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 may include, 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) of rule 

3745-31-05 of the Administrative Code. or the imposition of a 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 operator who holds a permit-to-install, 

permit-to-operate and/or PTIO where a change subjects them to the 

requirements of Chapter 3745-77 of the 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 of the 

Administrative Code. 

(b) If the 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 of the permit required under paragraph (B)(] )(a) of this 

rule, and, if applicable. under paragraph (B)(l)(b) of this 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) of this rule, will be superseded by 

the issuance of the Title V permit required under paragraph (B)(l)(a) of this 

rule, and, if applicable, the permit-to-install required under paragraph 

(B)(l)(b) of this rule. All superseded permits-to-operate and specifically 

superseded terms and conditions of a PTIO, will terminate and cease to be 

13 
enforceable. As applicable, terms and conditions of any PTIO not 

superseded will function as the permit-to-install. 

Above paragraph (B)(J)(c) is necessary to alleviate burdens with 

removing non-applicable language from PT!Os or previously 

issued PTOs when a source makes a change that requires they now 

obtain a Title V permit. The operating requirements of the Title V 

permit will replace (supersede) any operating requirements of the 

PTIO that are identified specifically in the PTIO general terms and 

conditions as such while the installation terms remain enforceable. 

On the other hand, all terms & conditions of a previously issued 

PTO would be superseded by the terms & conditions of a Title V 

permit. 

(2) The following is applicable to an owner or operator who currently holds 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 under this chapter. 

[Comment: An owner or operator with authority to operate under a Title V 

permit which 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 be permitted under the Title V permit.] 

(b) Final issuance of any permit under paragraph (B)(2)(a) of this rule does not 

release the owner or operator from the reg uirements contained in Chapter 

3745-77 of the Administrative Code or the owner or operator's active Title 

V permit, except as expressly released in rule. by order of the director, or a 

in a federally enforceable permit. 

Above paragraph (B)(2)(b) is incorporated because Ohio EPA 

currently does not have the authority to supersede Title V permit 

terms & conditions. Obtaining a PTIO or FEPTIO does not 

relieve the permittee from the requirements of their Title V permit. 

Any rulemaking that would include this would be incorporated into 

Chapter 3745-77 or in the terms & conditions of the Title V permit. 

(C) Permanent shutdown of an air contaminant source subject to the terms and conditions 

of a permit-to-install or PTIO 

When expressly provided in the terms and conditions of a permit-to-install or PTIO, 

the owner or operator of an air contaminant source that is permanently shutdown 

may be relieved from certain requirements in the terms and conditions of the 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 of the permit. 

Above paragraph (C) is new language to allow Ohio EPA to alleviate burdens 

associated with removing non-applicable language for air contaminant sources 

that are PERMANENTLY shutdown. Although the installation terms of a permit 

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 certifY the permanence 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 of the Administrative Code, vffiieh are 

that is otherwise exempted, to obtain a permit-to-install or PTIO, before proceeding with 

installation or modification, if in the director's judgment, operation of the air contaminant 

source after installation or modification might result in a violation of the criteria 

established in paragraph (A) ofru1e 3745-31-05 of the Administrative Code. 

1-Gj@l_ The director, in his or her discretion or where required to do so by federal laws or 

regulations, may issue a single permit-to-install or PTIO having application to all 

pollutants of any 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, controlled by a common owner or operator, located in the same county. 

(F) The approval to construct and/or operate under this chapter shall not relieve any 

owner or operator of a stationary source of the responsibility to comply fully with 

applicable provisions of this chapter and any other requirements under local, state or 

federal law. 

Above paragraph (F) incorporates the requirements of former OAC 3745-31-

10(A) and OAC 3745-35-02(0). 

(G) If any provision of this chapter or the application of such provision to any person or 

circumstance, is held invalid, the remainder of this chapter, or the application of such 

provision to persons or circumstances other than those as to which it is held invalid, 

shall not be affected thereby. 

Above paragraph (G) incorporates the requirements of former OAC 3745-31-

10(E). 

15 
3745-31-03 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 or units per dwelling. 

Incorporates OAC 3745-35-05(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: 

Removed the term "firefighting" at commenters' request. This exemption 

limited the types of emergency water pumps that could be exempted from 

obtaining a permit to only those involving firefighting. Other types of 

emergency water pumps needed by facilities were not able to benefit from 

this exemption. 

(5) De minimis exemption 

Air contaminant sources which meet the requirements of rule 3745-15-05 of the 

Administrative Code and section 3704.011 of the Revised Code are exempt from 

the requirements of this chapter. 

Incorporates language from OAC 3745-35-02(A)(4). 

16 
3745-31-04 Applications. 

Incorporation ofOAC 3745-35-06 into above paragraph (D) below. 

(D) PTIO applications for gram and feed processing operations and fertilizer mixing 

operations 

(1) A single PTIO application may be submitted for the following sources: 

(a) Shellers, hammer mills and aspirated bagging operations and other air 

contaminant sources subject to rule 3745-17-11 of the 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 of fugitive 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. 

17 
3745-31-05 Criteria for decision by the director. 

(A) Permit-to-install or PTIO+he director shall issue a permit-to-install, 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 determines that the installation 

or modification and operation of the air contaminant source will: 

Shifting last sentence in above paragraph (A) down below to provide for title header 

to paragraph (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: 

The BAT requirements below are being expanded only to clarify when evaluations 

and determinations occur .. 

(3) Employ BAT, 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 or PTIO, 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 of emissions of an air contaminant or precursor 

of an air contaminant for which a national ambient air quality standard 

has been adopted under the Clean Air Act; 

Eaj(iii) When.!.f the only requirement to obtain a permit-to-install or PTIO 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) of rule 3745-31-01 of the Administrative 

Code; or 

(Hj@_The requirements of paragraph ~ill of this rule 3745 31 02 

sf the AEiministFati're Csae, ;__or, 

18 
{c) An administrative modification. 

(b) 'NheH the Hew or moEiifieEi air eontamiHant soHFee is iHstalled or moEiifieEi OH 

or after August 3, :2008 aaEi has the jlotential to emit, takiHg into aeeolffit air 

jlOllatioH eoHtrols iHstalleEi OH the soHFee, less thaH teH toRs jlOr year of 

emissioHs of aH air eontamiHaHt or jlreeHFsor of aH air eontamiHant for whieh 

a HatioHal am'eient air EtHality staaEiarEi has beeR aEiojlteEi HHEier the Cleaa Air 

Aet-cFor air contaminant sources subject to an existing BAT determination, 

BAT shall be reevaluated and redetermined when a modification of the air 

contaminant source(s) occurs. 

Moved (3)(b) up to (3)(a)(ii). Adding new language to clarifY requirement 

to continue to comply with existing BAT until a "modification" as defined 

in OAC 3745-31-01 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 determination remains in effect. 

(d) BAT may be reevaluated and redetermined at any time, in accordance with 

the definition of BAT contained in rule 3745 31-01 of the Administrative 

Code, based on data available at the time the air contaminant source was 

initially installed or most recently modified, whichever occurs later. 

(e) Any reevaluated and redetermined BAT 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 of the permit to-install or PTIO. Prior to completion of the 

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 of BAT for an existing 

source must be complied with. For example, an existing unit may be issued 

a PTI with a new BAT requirement b/c a modification will be constructed. 

However, it requires a physical change which isn't effective until 

construction is completed. Therefore, the previous BAT remains 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) of section 3704.03 of the Revised Code, 

for incorporation into the permit terms and conditions. A compliance plan shall be 

approvable where it shows to the satisfaction of the director that: 

19 
(1) Operation of the air contaminant source under the compliance plan will result in 

compliance with all applicable requirements and laws as expeditiously as 

practicable but no later than any date required by 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 

compliance plans to be built into a PTIO as they were pursuant 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 of the 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 used to reduce excess emissions; and 

(3) The continued operation of the source pursuant to the conditional PTIO will not 

endanger or threaten to endanger human health. 

Conditional PTIOs shall contain such terms and conditions as the Ohio 

enviromnental protection agency determines necessary and appropriate. 

Incorporating language from OAC 3745-35-02(H) under above paragraph (C). 

(D) Special terms and conditions including federally enforceable limitations on potential 

to emit 

Paragraphs (D)(l) to (D)(4) below incorporate OAC 3745-35-07 FESOP (federally 

enforceable state operating permit) requirements into this rule. Other parts of 

Chapter 3745-31 are also relocated here from other rules in the chapter or other 

paragraphs in this rule, as identified specifically below. 

20 
The director may impose such special terms and conditions as are appropriate or 

necessary to ensure compliance with the applicable laws and to ensure adequate 

protection of environmental 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 of the following: 

The above paragraph (D)(l) (and subparagraphs (a) to (c) below) 

incorporate old paragraph (C) of this rule. The language is clarified to 

show that under the PTJO program we can have a synthetic minor PTI or 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 be federally enforceable if the restriction is 

to avoid a federal Clear Air Act requirement. 

(a) Terms and conditions of a final permit-to-install issued under this chapter; or 

(b) Terms and conditions of a 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 of a 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 in paragraphs (D)(l) to (D)(4) of this rule. Consequently, such 

designated terms and conditions imposed in an FEPTIO under the approved 

program elements contained in.the language of paragraphs (D)(!) to (D)(4) 

of this rule will be considered federally enforceable as of the 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 V staff 

to allow for Ohio EPA to remove paragraph 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 II 0 and 112(1) of the Clean Air Act. 

21 
(2) In order to be federally enforceable, a limitation on the potential to emit of an 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 of limiting potential to emit, acceptable short-term limitations on 

production or operation shall include but not be 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 or 40 CFR Part 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, if the 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 

been resolved. 

(3) Only those terms and conditions issued in a permit under this chapter and in 

accordance with paragraph (D)(2) of this rule that are necessary to avoid a Clean 

Air Act requirement(s), including a limitation on the potential to emit of an air 

contaminant source or stationary source, and expressly designated as federally 

enforceable, shall be federally enforceable. 

(4) Upon the request of the owner or operator, any of the mechanisms provided in 

paragraph (D)(l) of this rule shall allow for trading of emissions 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 of the 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 of federally 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 of the 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 or modification. 

Paragraph (D)(5) above is relocated from OAC 3745-31-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 ef the permit te iHstall. 

Relocated language 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 or necessary to ensure compliance with the applicable laws 

and to ensure adequate protection of environmental quality. Special terms and conditions 

necessary to ensure compliance with requirements mandated by the Clean Air Act or 

regulations promulgated by the administrator thereunder, including synthetic minor 

emissions unit conditions that restrict the stationary source's potential to emit below 

major size cutoffs, shall be federally enforceable and designated as such in the permit-toinstall. The 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 not 

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. 

The text above is moved down to the paragraph below in order to create a title for 

this paragraph. 

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 

23 
not 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, stricken portion of old paragraph (C) (new paragraph (E)) above 

has been moved to new paragraph (D)(l) of this rule. 

(F) Voluntary limits 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 of a new source as defined 

by rule 3745-31-01 of the Administrative Code or is for a modification of an air 

contaminant source as defined by rule 3745-31-01 of the Administrative Code. 

New paragraph (F) above relocates the requirements from 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 of the Administrative Code. In 

order to be considered for express Jleflllit te install processing (registratien 

status), the air contaminant source owner or operator must: 

(a) Apply for a permit-to-install or a PTIO for a source undergoing installation 

or modification as defined in rule 3745-31-01 of the Administrative Code. 

E±f\.hl_Submit a complete permit-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 of less than five tons per pollutant per each year 

for particulate matter, sulfur dioxide, nitrogen oxides, and OCs, 

(4j.(tl_Not be subject to the United States environmental protection agency new 

source performance standards, and 

24 
fBffi_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 ef fue air eentaminallt se\lfee may eemmenee after siJlty Eiays 

if fue applieant has net been netifieEi er llflen fue issaanee ef fue eJi:fJress 

permit te install (registratien statas). 

Relocating above stricken paragraph into new OAC 3745-31-06(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 of the director. 

Relocating above paragraph into new paragraph (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 at the discretion of the 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 criteria have been met: 

fliilll_The portable source continues to comply with the currently effective Ohio 

environmental protection agency permit-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 comply with any applicable BAT requirements. 

~[£l_The portable source owner has identified the proposed site to Ohio 

environmental protection agency. 

(4-t(cll_ Ohio environmental protection agency has determined that the portable 

source, at the proposed site, will have an acceptable environmental impact. 

fB\.tl_A public notice, consistent with Chapter 3745-47 of the Administrative 

Code, is published in the county where the proposed site is located. 

25 
t6fffi_ The owner of the proposed site has provided the portable source owner 

with approval or equivalent declaration that it is acceptable to the site owner 

to move the portable source to this proposed site. 

f+t(gl_The portable source owner has provided Ohio environmental protection 

agency with fifteen days advance written notice of the relocation. 

Aft)' site aJ3J:lrevals iss~oteEi lly Ollie eEYirenmelltal J:lreteetieR ageEey shall a e 

valiEi fur ne Ienger thaR three years ana are sl!llj eet te reRewal. 

Relocating above stricken paragraph to new OAC 3745-31-07(C)(2) and 

paragraph (H)(2) below. 

[Comment: Relocation of any portable source that results in the installation of a 

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 of any portable source that results in the creation of a major source, 

as defined in rule 3745-77-01 of the Administrative Code, must also meet all 

applicable requirements under the Title V program contained in Chapter 3745-

77 of the Administrative Code, which may include the requirement to apply for 

a Title V permit.] 

(2) Site approvals expire and are renewed according to paragraph (C)(2) of rule 

3745-31-07 of the Administrative Code. 

(I) In deciding whether to grant or deny a permit-to-install or PTIO, the director may take 

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 of the permit-to-install or PTIO. 

Above language in paragraph (I) is from old paragraph (B) of this rule. 

(F) The ffireeter may meEiify the site awreval te ada er Eielete eertaiR J:lertallle semees er 

aEiEi er Eielete eertaiR terms ana eenEiitiens as aJ:lJ:lrejlriate. 

Relocating to new OAC 3745-31-07(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. 

Relocating to new OAC 3745-31-06(E)(2)(a) and (E)(4)(b). 

26 
3745-31-06 Completeness determinations, processing requirements, public 

participation, public notice, and issuance. 

Due to the significant number of changes that would have occurred to this rule, the 

Legislative Service Commission requires rule makers to rescind the existing rule and 

develop a new rule. The rescinded rule, entitled "Termination", contained two 

paragraphs. 

Paragraph (A) of the rescinded rule read: 

(A) A permit-to-install shall terminate within eighteen months of the 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 

continuing program of installation or modification. 

It is being incorporated into new OAC 3745-31-07(A)(l). 

Paragraph (B) of the rescinded rule read: 

(B) The director may modify a permit-to-install to extend these dates of expiration by 

up to twelve months if the applicant submits, within a reasonable time before the 

termination date, an application for modification, containing information that, in 

the judgment of the director, adequately justifies an extension of time. No appeal 

taken from denial of extension of an expiration date shall prevent termination of a 

permit during the period between denial of extension and fmal disposition of the 

appeal unless prohibited by any court or administrative body having jurisdiction 

over the matter. 

Is being incorporated into new OAC 3745-31-07(A)(2) and we have replaced use of the 

word "expire" with "terminate" to be consistent with ORC 3704.03(F) and the other 

language contained in these paragraphs. 

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. 

27 

New paragraph (A) above, incorporates language from old OAC 3745-31-09(A). 

(B) Request for completeness determination 

Within thirty days after receiving a written request for the making of a completeness 

determination on an application under paragraph (A) of this rule, the director shall 

determine whether the application is substantially complete or materially deficient 

and, in writing, notify the applicant of his/her determination. If the 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 of the determination, the application shall be deemed 

to have been complete in all material respects at the time that it was submitted to the 

director or his/her agent or authorized representative. 

New paragraph (B) above, incorporates language from old OAC 3745-31-09(B). 

(C) Materially deficient applications 

If, within the time prescribed in paragraph (A) and, if applicable, 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 of the time prescribed under paragraph (A) of this rule and, if 

applicable, paragraph (B) of this rule ceases at the time that the determination is 

made. If the applicant subsequently resubmits the application to the director, the time 

prescribed in paragraph (A) of this rule and, if applicable. paragraph (B) of this 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) of this rule at the time that the application is resubmitted: 

( 1) Make a completeness determination on the application and, in writing. notify the 

applicant of his/her determination; 

(2) Issue or deny or propose to issue or propose to deny the permit or modification. 

New paragraph (C) above, incorporates language from old OAC 3745-31-09(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 

which the application was determined to be complete. 

New paragraph (D) above, incorporates language from old OAC 3745-31-09(D). 

(E) Permit decision time limits and issuance or denial 

28 
Incorporated new paragraph (E), and associated subparagraphs below, from old 

OAC 3745-31-09 but also clarifying the language and adding additional language 

for the different scenarios under the PTIO program. 

A permit-to-install or PTIO shall be issued, modified or denied and may be 

challenged in accordance with the provisions of the rules of procedure of the Ohio 

environmental protection agency, Chapter 3745-47 of the Administrative Code. 

The above paragraph is incorporating old OAC 3745-35-02(£) and OAC 3745-31-

08. 

(!)For the purposes of this paragraph, "initial construction PTIO" means a PTIO for 

an air contaminant source that is not currently regulated under a permit-to-install 

or PTIO. 

(2) Permit-to-install, initial construction PTIO, or modification 

(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 of the 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 of the 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 a judgment that orders the director to take a final 

action on the application. 

(3) PTIO for air contaminant sources currently regulated 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) of section 

3704.03 of the Revised Code as expeditiously as practicable, except: 

(i) When the air contaminant source is considered a modification as defined 

in rule 3745-31-01 of the Administrative Code, then paragraph (E)(2) 

of this rule shall be 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 of a permit-to-install or PTIO pursuant to paragraph (F) 

29 
of rule 3745-31-05 of the 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 of the express permit 

to-install or express PTIO. 

Above new paragraph (E)(4)(a) incorporates old OAC 3745-3I-05(D)(5) 

(b) Within one hundred eighty days after a completed application is filed, the 

director shall issue or deny or propose to issue or deny an express permit -toinstall or express PTIO. 

Above new paragraph (E)(4)(b) incorporates old OAC 3745-3I-05(G) 

(5) Administratively modified permit-to-install or PTIO 

(a) The director may issue or deny or propose to issue or deny a permit-to-install 

or PTIO that meets the definition of an 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 of a permit may occur that do not have to meet the same 

requirements as changes to a permit resulting from a modification as 

defined in OAC 3745-3I-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 a judgment that orders the director to take a final 

action on the application. 

Incorporated above paragraph (E)(6)(a) consistent with ORC 3704.03.4(E). 

(b) In accordance with division (C) of section 119.06 of the 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 

30 
terms and conditions of an expired PTIO until issuance of a renewal PTIO 

by the director. 

Incorporated above paragraph (E)(6)(b) consistent with ORC 119.06(E). 

(F) Extension of the permit review time period for the public 

The director, upon his/her own motion or upon the written request of the applicant 

and in writing, may extend the time provided under paragraph (E) of this 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. 

Above paragraph (F) incorporates old OAC 3745-31-09(F) 

(G) Extensions of the permit review time period for the applicant 

Upon the written request of the applicant, the director, in writing, may extend the 

time provided under paragraph (E) of this 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. 

Above paragraph (G) incorporates old OAC 3745-31-09(G) 

(H) Public participation/notification requirements 

This paragraph (H), and associated subparagraphs, incorporates old OAC 3745-31-

09(H). 

The director shall: 

(1) Notify the public, by advertisement in a newspaper of general circulation in each 

county in which the proposed air contaminant source would be constructed and 

operated, of the application, the draft action (if issued), the ambient air impact 

that is expected from the nonattainment NSR permit or the PSD permit, if any, 

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 of the Administrative Code. 

(2) Send a copy of the notice of public comment to the applicant, the administrator of 

the United States environmental protection agency, and to officials and agencies 

having jurisdiction over the location where the proposed air contaminant source 

would be built as follows: 

(a) Any other state or local air pollution control agencies; 

(b) The chief executives of the city and county where the air contaminant source 

would be located; 

31 
(c) Any comprehensive 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 or modification. 

(3) For all draft action permits-to-install or PTTOs, upon request, provide opportunity 

for a public hearing for interested persons to appear and submit written or oral 

comments on the air quality impact of the air contaminant source, alternatives to 

it, the control technology required, 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. 

32 
3745-31-07 Termination, Reveeatiearevocation, expiration, renewal, revision 

and transfer. 

Renamed rule to include termination from former OAC 3745-31-06. Also included 

expiration, renewal, revisions and transfer because language regarding those 

requirements was relocated from other rules in this chapter, from Chapter 3745-35 or is 

new language being incorporated. 

The direeter may reveke a Jlermit te iastall, if the direeter eeaelades at aay time that aay 

ajljlliealJ!e lav;s have lleea er are likely te lle Yielated. 

The above paragraph has been moved to new paragraph (B)(1) below. 

The director may also revoke a permit-to-install 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. 

The above paragraph has been moved to new paragraph (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 of the 

effective date of the issuance of the 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 of installation or modification of the 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 of the 

director, adequately justifies an extension of time. No appeal taken from denial 

of extension of a termination date shall prevent termination of a permit during 

the period between denial of extension and final disposition of the 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. 

Above new paragraph (A) incorporates old OAC 3745-31-06. 

33 
(B) Revocation 

(1) The director may revoke a permit-to-install or PTIO, if the director concludes at 

any time that any applicable laws have been or are likely to be violated. 

Above paragraph (B)(l) incorporates old OAC 3745-35-02(F)(l) and also the 

first paragraph of stricken text above. 

(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 

second paragraph of shaded text above. Included language to partially revoke a 

portion of a 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 a permit-byrule under OAC 3745-31-03). This eliminates the redundancy of revoking the 

entire permit and re-issuing the portion that does not need revoked. 

(3) Revocation, pursuant to paragraph (B)(l) ofthis rule, of a permit-to-install, PTIO 

or variance shall be final thirty days after service of notice to the permit holder. 

Above paragraph (B)(3) incorporates old OAC 3745-35-02(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) of this rule, in the manner prescribed in Chapter 3745-47 of 

the Administrative Code. 

Above paragraph (B)(3) incorporates old OAC 3745-35-02(F)(4). 

(5) A variance issued pursuant to rule 3745-31-09 of the Administrative Code may 

be revoked if: 

(a) The director determines that any of the terms, conditions, standards, or 

reguirements of rule 3745-31-09 of the Administrative Code have been or 

will be violated or that circumstances have changed so that the applicant is 

no longer eligible for a variance under that rule, or 

(b) The signatory fails to file an interim report as required pursuant to paragraph 

(G)(4) of rule 3745-31-09 of the Administrative Code, or if such report fails 

to satisfy the director that the source is making satisfactory progress, 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 new paragraph (B)(5) and associated subparagraphs incorporates 

old OAC 3745-35-03(H)(9) and (J)(l). 

(C) Expiration and renewal 

(1) A PTIO may be issued for a period of time consistent with the requirements of 

paragraph (G) of section 3704.03 of the Revised Code. and is subject to renewal 

pursuant to rule 3745-31-05 ofthe Administrative Code. 

Above new paragraph (C)(J) incorporates old OAC 3745-35-02(D)(l). The 

renewal cycle for PTOs was 5 years. Changes to the ORC incorporates a 

renewal cycle of up to 10 years for PT!Os, except as described in the two 

scenarios below ((a) and (b)). 

(a) A conditional PTIO issued pursuant to paragraph (B) of rule 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 of paragraph (G) of section 3704.03 of the 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 of paragraph (G) of section 3 704.03 of the 

Revised Code. 

Above new paragraph (C)(J)(a) incorporates old OAC 3745-35-02(H) 

which forbids renewals but allows for extensions on the effective date so 

long as they total effective period does not exceed the statutory effective 

period allowed for conditional permits. 

(b) A FEPTIO issued pursuant to paragraph (D) of rule 3745-31-05 of the 

Administrative Code shall be effective for a period of time consistent with 

the requirements of paragraph (G) of section 3704.03 of the Revised Code 

but no longer than five years, and is subject to renewal. 

Above new paragraph (C)(l)(b) is new language to identifY federally 

enforceable operating permits will retain the 5 year renewal cycle that was 

historically applicable to FESOPs. 

(2) A permit-to-install does not expire and is not renewable. 

Above new paragraph (C)(2) is new language added for clarity. 

(3) Any site approval for a portable source issued pursuant to paragraph (H) of rule 

3745-31-05 of the Administrative Code may be issued for a period of time 

35 
consistent with the requirements of paragraph (G) of section 3704.03 of the 

Revised Code, and is subject to renewal pursuant to paragraph (H) of rule 3745-

31-05 of the Administrative Code. 

Above new paragraph (C)(3) incorporates old OAC 3745-31-05(E). 

(4) Any variance issued pursuant to rule 3745-31-09 of the Administrative Code 

may be issued for a period of time consistent with the requirements of paragraph 

(H) of section 3704.03 of the Revised Code, and is subject to renewal. 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 

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 of the Administrative Code. 

Above new paragraph (C)(3) incorporates old OAC 3745-35-03(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 of the air contaminant source with the standards or conditions of any 

currently effective permit. 

Above new paragraph (D)(J) incorporates old OAC 3745-35-03(H)(5) 

and 3745-35-02(D)(2) 

(2) The director may revise any site approval for a portable source issued pursuant to 

paragraph (H) of rule 3745-31-05 of the Administrative Code to add or delete 

certain portable sources or add or delete certain terms and conditions as 

appropriate. 

Above new paragraph (D)(2) incorporates old OAC 3745-31-05(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 of paragraph (D) of this rule. 

(E) Transfer 

Above new paragraph (D)(3) incorporates a new requirement to allow 

Ohio EPA to obtain an updated permit application when a revision, 

pursuant to this rule, is necessary. 

(I) The transferee of any 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 

36 
prescribed by the director, of any transfer of a permit once the transfer has been 

completed. 

Above new paragraph (E) incorporates old OAC 3745-35-02(D)(3), 3745-

35-03(H)(6) and 3745-31-02(A)(3). 

37 
3745-31-08 Registration status permit-to-operate. 

Due to the significant number of changes that would have occurred to this rule, the 

Legislative Service Commission requires rule makers to rescind the existing rule and 

develop a new rule. The rescinded rule, "Procedures for determination by the director, " 

contained one paragraph that read: 

A permit-to-install, shall be issued, modified, revoked, or denied and may be 

challenged in accordance with the provisions of the rules of procedure of the Ohio 

environmental protection agency, Chapter 3745-47 of the Administrative Code. 

It is incorporated into new OAC 3745-31-06(£) (first paragraph under the heading). 

This new rule incorporates the registration PTO requirements from old OAC 3745-35-

05(B). We have modified the language to show that this is now an old system for 

registration PTOs that we no longer will use but we are retaining for historical purposes 

and for those that still exist prior to this rule change (grandfathered). Therefore, 

throughout you will notice a change in the tense among other changes. 

(A) For purposes of paragraph (B) of this rule: 

(1) "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 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 

provided by the director. 

Above new paragraph (A)( I) and (A)(2) incorporates old OAC 3745-35-

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, if the owner or operator of 

such source demonstrated to the satisfaction of the director that the source was in 

compliance with applicable law and if the following conditions were met: 

(1) The source was not subject to any mass emissions limitation or control 

requirement specified within 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 of particulates and sulfur dioxide from the 

source were each less than twenty-five tons. 

38 
The above new paragraph (B) replaces old paragraph OAC 3745-35-05(B)(l). 

The text has been revised to reflect this is historical information. 

(C) An air contaminant source placed on registration status as of the effective date of this 

rule may remain on registration status until removed in accordance with paragraphs 

(D) or (E) of this rule. 

The above new paragraph (C) was incorporated to identify the grandfathering 

of previous sources 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 of time as specified by the director, the updated application shall be processed 

in accordance with applicable law, including continuation of the existing registration 

status if appropriate. If the 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-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 of the source that the permit-to-operate 

application for such source has in fact been removed from registration status. 

The above new paragraph (D) replaces old paragraph OAC 3745-35-05(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 of notice 

to the registration status holder. 

The above new paragraph (E) is new language incorporated to allow a 

permittee to request revocation of their registration status. 

39 
3745-31-09 Variances on operation. 

Due to the significant number of changes that would have occurred to this rule, the 

Legislative Service Commission requires rule makers to rescind the existing rule and 

develop a new rule. This new rule incorporates the PTO variance requirements from old 

OAC 3745-35-03. The paragraphs were relocated with some minor changes made. 

Please refer to the new OAC 3745-31-09 rule to see the language and view the section of 

this synopsis discussing OAC 3745-35-03 for relocation information and a discussion of 

any changes made. 

The rescinded rule, "Air permit to install completeness determinations, publicparticipation-and public notice, " contained several paragraphs which have been 

relocated to new OAC 3745-31-06. This paragraphs were relocated with only minor 

changes made. Please refer to the rescinded rule to see the language and view the section 

of this synopsis discussing OAC 3745-31-06 for relocation information. 

40 
3745-31-10 Air statieHary sem-ee ebligatieHsNSR projects at existing emissions 

units at a major stationary source. 

We have renamed this rule consistent with the specific obligations contained in new 

paragraph (A) below. The remaining obligations have been moved elsewhere in this 

chapter as identified below. 

(;\) CsffifJiianee with ether reqeiremeHts 

The appreva-l te eeHstruet HnEier this ehapter sha-ll Het relieYe any ewHer er eperater 

sf a statieHary sem-ee ef the respeHsibility te eeffifJIY fally with applieaele flFsvisieHs 

sf this ehapter ana any ether reqHiremeHts HHEier !seal, state er feEierallaw. 

The above paragraph (A) has been moved to new OAC 3745-31-02(F). 

(B) RelaJ(atisH sf eHfereeable limitatieHs 

t'd: seeh time that a partieular statieHaf)' seffi'ee er meEiifieatieH beeemes a majer 

statieHaf)' sem-ee er maj er 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 sf rules 3745 31 10 te 3745 31 

27 ana 3745 31 30 te 3745 31 32 sf the AEimiHistratiYe CeEie sha-ll ajlflly te the 

statieHary sem-ee Sf meEiifieatieH as theegh eeHstruetieH haEI Het yet eefHfHeHeeEI eH 

the statieHary seefee sf meEiifieatieH. 

The above paragraph (B) has been moved to new OAC 3745-31-0S(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 

calculating projected actual emissions. 

Struck reference to "clean unit" due to the same revision to the federal rule. [72 

FR 113, promulgated June 13, 2007, effective June 13, 2007} 

(1) Before beginning actual construction of the NSR project, the owner or operator 

shall document and maintain a record of the following information: 

(a) A description of the NSR project; 

(b) Identification of the emissions unit( s) whose emissions of a regulated NSR 

pollutant could be affected by the NSR project; and 

41 
(c) A description of the applicability test used to determine that the NSR project 

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, if applicable. 

(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 of a 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 of this rule to the director for: 

(a) New or modified emissions units where the sum of the federally enforceable 

potential to emit of the new or modified emissions units associated with the 

NSR project prior to the issuance of the NSR project's permit-to-install is 

greater than any one of the significant levels found in the significant 

definition of rule 3 7 45-31-01 of the Administrative Code. 

(b) Any emissions unit that is an existing electric utility steam generating unit. 

(c) Unless required elsewhere in this rule, nothing in this paragraph shall be 

construed to require the owner or operator of such emissions unit to obtain 

any determination from the director before beginning actual construction. 

(3) The owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the NSR project and that is emitted by 

any emissions units identified in paragraph (C)(l)(b)(A)(l )(b) of this rule; and 

calculate and maintain a record of the annual emissions, in tons per year on a 

calendar year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of ten years following resumption of 

regular operations after the change if the NSR project increases the design 

capacity or potential to emit of that 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 director within sixty days after the 

end of each year during which records must be generated under paragraph -

fe)f.Bl.A.l.Q.l of this rule setting out the emissions unit's annual emissions during 

the year that preceded submission of the report. 

( 5) If the 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 of such year. 

The report shall contain the following: 

(a) The name, address and telephone number of the major stationary source; 

(b) The annual emissions as calculated pursuant to paragraph tG*Bl.A.lill of 

this rule; 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 

preconstruction projection). 

~Jlll_The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to 13aFagraph (C) sf this rule available for 

review upon request. 

(E) If any 13rsvisisn sf miss 3745 31 10 ts 3745 31 32 sf the i\dministrative Csae sr 

the a13!3iieatisn sf sHell !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 above paragraph (E) has been moved to new OAC 3745-31-02(G). 

43 
3745-31-20 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 the federal rule. [72 FR 113, 

promulgated June 13, 2007, effective June 13, 2007} 

45 
3745-31-29 General permit-to-install and general PTIO. 

This rule now incorporates old OAC 3745-35-08. The incorporation and identification 

of the changes is not discussed below because the incorporation is verbatim with only 

minor changes to gender neutrality and cross references except as noted below. 

(G) A general PTIO shall be effective for a period of time consistent with the 

requirements of paragraph (F) of section 3704.03 ofthe Revised Code. 

Incorporated new above paragraph (G) from old OAC 3745-35-0S(E) 

46 
3745-31-30 Clean unit. 

The entire rule has been stricken and reserved due to the same revision to the federal 

clean unit rules. [72 FR 113, promulgated June 13, 2007, effective June 13, 2007} 

47 
3745-31-31 Pollution Control Project 

The entire rule has been stricken and reserved due to the same revision to the federal 

PCP rules. [72 FR 113, promulgated June 13, 2007, effective June 13, 2007} 

48 
3745-31-32 Plantwide applicability limit (PAL) 

Incorporates cross-reference changes only. 

49 
3745-31-33 Site preparation activities prior to obtaining a final permit-to-install 

orPTIO. 

Incorporates gender neutrality and other minor changes only, except as noted below. 

(A) 

[Comment: Some activities described in this rule may not begin until any applicable 

national pollutant discharge elimination system (NPDES) permit, isolated wetland permit 

or 401 water quality certification is obtained. Notwithstanding any other provision of this 

rule, compliance with this chapter does not relieve any person from the requirements of 

Chapters 3734. or 3714. of the Revised Code and rules adopted thereunder.] 

Incorporated the last sentence to ensure that because we identifY NPDES, wetland and 

401 certifications that the reader does not infer those may be the only other provisions 

that might need to 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 of the OAC Chapter 

3745-35 rules were incorporated into various rules of OAC Chapter 3745-31. 

This section of the synopsis identifies which portions of OAC Chapter 37 45-

35 were incorporated into OAC Chapter 3745-31, with references. 

51 
DRAFT CHANGES TO OAC CHAPTER 3745-35 

3745-35-01 Definitions. 

Unless noted below, the majority of the definitions in this rule are already contained in 

OAC 3745-31-01 and only required minor language changes (e.g., remove reference to 

''permit-to-operate" and use language such as ''permit-to-install and/or PTIO. " 

(B) The following definitions shall apply exclusively to this chapter: 

( 4) "Air contaminant source" means each separate operation, or activity that results 

or may result in the emission of any air contaminant. This definition applies to 

operations or activities that emit air contaminants, whether regulated under Ohio 

law or regulated under the Clean Air Act. 

This definition differed from 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. 

52 
3745-35-02 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 

director in accordance with the requirements of this 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) of this rule and in rules 3745-35-03 and 

3745-35-05 of the Administrative Code; or 

The above paragraph is not necessary. Paragraph (H) of this rule allows for 

conditional permits, OAC 3745-35-03 allows for variances and OAC 3745-35-05 

allows for exemptions and registration status. Each of those topics, and how they 

are incorporated into OAC Chapter 31 are discussed under those respective 

sections of this synopsis document. 

(2) If the air contaminant source is a source listed under permanent exemptions in 

paragraph (A)(1) of rule 3745-31-03 of the Administrative Code or a source for 

which the director has granted a discretionary exemption under paragraph (A)(3) 

of rule 3745-31-03 of the Administrative Code, or the air contaminant source is 

a source meeting the requirements under the permit-by-rule exemptions m 

paragraph (A)(4) of rule 3745-31-03 of the Administrative Code; or 

The above paragraph is already addressed within the exemptions ofOAC 3745-

31-03. Sources meeting those exemptions will continue to be exempted from the 

requirements to obtain a PTI and/or PTIO. 

(3) Ifthe air contaminant source is part of a facility, as defined in Chapter 3745-77 of 

the Administrative Code, that is required to obtain a Title V permit under 

Chapter 3745-77 of the Administrative Code; or 

The above paragraph 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 otherwise provided by section 3704.011 and division (F) of section 3704.03 of 

the Revised Code and rule 3745-15-05 of the Administrative Code. 

The items referenced in ORC 3704.03 are procedural 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 OAC 3745-15-05 stands on its own in 

relieving a source from permitting requirements if it is de minimis, we 

incorporated this type of language under new paragraph (A)(5) of OAC 3745-

31-03. 

53 
(B) Applications for permits-to-operate 

Paragraphs (B)(l) to (B)(4) are already addressed in OAC 3745-31-04(B). 

(1) Applications for permits-to-operate shall be signed, 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. 

(2) Applications for permits-to-operate shall be signed, in the case of a partnership, 

by a general partuer. 

(3) Applications for permits-to-operate shall be signed, m the case of sole 

proprietorship, by the proprietor. 

( 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, 

the ranking 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 of operation. 

The above paragraph is no longer necessary since implementation of the PTIO 

program combines the application process for both PTis and PTOs. 

(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 of the 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 of control facilities; the impact of the 

emissions from such source upon existing air quality. 

The above paragraph is addressed in OAC 3745-31-04(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) of this rule for each air contaminant 

source located at the facility to which this rule applies. 

The above paragraph is no longer necessary since implementation of the PTIO 

program combines the application process for both PTis and PTOs. 

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 

designed to assure compliance with applicable law. 

The above paragraph is addressed in OAC 3745-31-04(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 of the requirements of paragraph (C) of this 

rule may be considered defective and be treated as if it 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 

processing with an indication of the deficiency. 

The above paragraph is no longer necessary since implementation of the PT/0 

program combines the application process for both PT!s and PTOs. The more 

detailed requirements for processing of PTI applications, including the 

requirement for a 14-day preliminary completeness review. 

(C) No permit-to-operate shall be granted until the applicant demonstrates, for each 

source to which the permit applies, to the satisfaction of the 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 if necessary. 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 

later than the date provided by rule by which compliance with such requirements 

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 shall be consistent with 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 above paragraph has been incorporated into new OAC 3745-31-05(B). 

(2) If required by the director, the source is equipped with instrumentation and 

sensing devices to monitor and record emission data and other information about 

the operation of the source; and, 

The above paragraph has been incorporated into new OAC 3745-31-

02(A)(l)(c)(i). 

55 
(3) If required by the 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, or conduct any performance test required; and, 

The above paragraph has been incorporated into new OAC 3745-31-

02(A)(l)(c)(ii). 

(4) In the case of a new source, except those exempted from obtaining a permit-toinstall by rule 3745-31-03 of the 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 above paragraph is no longer necessary since implementation of the 

PTIO program combines the application process for both PTis and PTOs. 

(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 of sources by resolution or individual 

sources from the requirement of performance testing where economic and 

technical considerations justify such exemption; and 

The above paragraph is no longer necessary since implementation of the 

PTIO program combines the PTI and PTO processes. Performance testing 

requirements under the PTI 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 above paragraph is addressed in OAC 3745-31-05(A)(2)(d). 

(D) Terms and conditions: 

(1) Permits-to-operate shall be effective for one year from date of issuance, or for 

whatever other period the director deems appropriate, not to exceed five years. 

The renewal cycle for a PTIO is now addressed in OAC 3745-31-07(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 
of the source or control facility with the standards or conditions of the original 

permit. 

The above paragraph has been incorporated into new OAC 3745-31-07(D)(1). 

The language "original permit" is being suggested for change to "any currently 

effective permit". Permits can change over time and the meaning of "original" 

permit is not clear. It is always the intention of Ohio EPA to revise a currently 

effective permit (whether "original" or not) under these circumstances. 

(3) The transferee of any permit-to-operate shall, personally, assume the 

responsibilities of the original permit holder-transferor. The Ohio enviromnental 

protection agency must be notified in writing of any transfer of a permit-tooperate. 

The above paragraph has been incorporated into new OAC 3745-31-07(£). 

Additional language was added to the above requirement to clarify that the 

notification must be provided after the transfer is complete, and in a manner 

prescribed by the director. In some cases it may be necessary for the director to 

request the notification include proof the transfer to ensure liability for 

compliance with the permit is acknowledged and agreed upon by both parties. 

( 4) Such air pollution emergency episode plans as are submitted and approved shall 

become terms and conditions of the permits-to-operate and shall have full force 

and effect as a part thereof. 

The above paragraph is no longer necessary. OAC 3745-25-03 identifies the 

requirements for emergency episode plans and the requirement for inclusion in 

the operating permit terms. This requirement will remain unchanged upon 

implementation of the PTIO program. 

(5) Any approved compliance schedule shall be incorporated into the permit-tooperate and shall be a term and condition thereof. 

The above paragraph has been incorporated into new OAC 3745-31-05(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 above paragraph is addressed within the requirements of new paragraph 

OAC 3745-31-05(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 or revocation of permit-to-operate 

Paragraphs (F)( I) to (F)(5) are addressed within new OAC 3745-31-07(B). We are 

suggesting removal of language that refers to "suspension" (from (F)(3)) because 

the ORC does not allow for "suspension" of a PTO but rather suspension of rules 

regarding PTOs (ORC 3704.03(0)). Ohio EPA has not historically "suspended" a 

PTO. We are also suggesting removal of the requirement in paragraph (F)(5) for 

"surrender" of a PTO upon revocation. Once notice is served that a PTO is 

revoked, surrendering the permit offers no additional assurances and is not 

necessary. 

(1) The director may suspend or revoke a permit-to-operate if it has been determined 

that any of the conditions, terms, or standards of paragraph (C) or (D) of this 

rule or any other applicable law or rule of the Ohio enviromnental protection 

agency have been or will be violated. 

(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 on the application. 

(3) Suspension or revocation of a permit-to-operate shall be final thirty days after 

service of notice to the permit holder. 

( 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) of this rule, in the manner prescribed in Chapter 

3745-47 of the Administrative Code. 

(5) A permit-to-operate which has been revoked shall be surrendered forthwith to the 

Ohio enviromnental protection agency. 

(G) Possession of a permit-to-operate shall not relieve any person of the responsibility to 

continuously comply with applicable emission limitations and other provisions of 

applicable law. 

The above paragraph is addressed in OAC 3745-31-02(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) of this rule as of the date of start-up of operations, the director may grant a 

conditional permit-to-operate such source for a period not to 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 

58 
emission standards prescribed by applicable law will be achieved as expeditiously as 

practicable, any reasonably available alternative operating procedures and interim 

control measures have been used or will be used to reduce excess emissions, and the 

continued operation of the 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 agency determines necessary and appropriate. 

The above paragraph containing conditional PTO requirements has been 

incorporated into new OAC 3745-31-0S(C). The language has been reorganized 

with subparagraphs in order to provide more clarity. Conditional permit renewal 

requirements been incorporated into new OAC 3745-31-07(C)(l)(a). 

59 
3745-35-03 Variances. 

The requirements for variances from operation that existed in this rule are incorporated 

in new rule OAC 3745-31-09, Variances on operation. The language has been 

reorganized in order to provide more clarity. We are also suggesting clarifying the 

language to show that a source may operate out of compliance with an applicable law 

only when granted a variance and if a compliance plan is in place (ORC 3704.03(0)). 

[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" paragraph at the end of rule 

3745-35-01 of the 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 variance has been 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. of the Revised Code may be issued except pursuant to 

this rule. 

We clarified the language in the first sentence of above paragraph (A) in new 

paragraph OAC 3745-31-09(A). It does not alter the intent of the variance 

provisions. The last sentence of this paragraph 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 open burning. 

Paragraph (B) was incorporated into new OAC rule 3745-31-09(A)(l). 

(C) No variance shall be granted to a new source, as defmed in rule 3745-15-01 of the 

Administrative Code, from any emissions limitation which was applicable to the 

source as a new source. 

Paragraph (C) was incorporated into new OAC rule 3745-31-09(A)(2). 

(D) Applications for variances 

The language in paragraphs (D)(l) to (D)(5) is incorporated as a reference at new 

OAC 3745-31-09(B) (the same requirements are contained in OAC 3745-31-04(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 

general partner. 

(3) Applications for variances shall be signed, in the case of a sole proprietorship, by 

the proprietor. 

( 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 by the 

Ohio environmental protection 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 above paragraph is no longer necessary since implementation of the PTIO 

program combines the application process for both PT!s and PTOs. 

(7) Any variance application that fails to provide information needed to provide a 

factual basis for ascertaining compliance with each of the relevant requirements 

of this rule may be considered defective and be treated as if it had not been filed. 

Such application shall be returned to the applicant as expeditiously as 

practicable with an indication of the deficiencies thereof. Further processing of 

the application, including issuance of a proposed or final action or the initiation 

of any other official response by the Ohio environmental protection agency with 

respect to the application, will not occur until deficiencies have been remedied. 

The above paragraph is incorporated into new OAC 3745-31-09(B)(l). 

Variances are not PT!s or PT!Os so there will be no 14-day preliminary 

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 specify may be treated as a deficient application as 

set forth in paragraph (D)(7) of this rule. 

The above paragraph has been incorporated into new OAC 3745-31-09(B)(2). 

(E) Standards for granting variances 

The language in paragraph (E) and its subparagraphs are incorporated into new OAC 

3745-31-09(C). Minor changes in language for clarity purposes has been suggested. 

61 
(1) A variance for an air contaminant source may allow an applicant: 

(a) To emit from such source a specified level of emissions of the 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 law upon which compliance by such source must be achieved; or 

(c) Both to emit the particular air contaminant at a specified level of emissions 

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 of the 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 

be achieved. 

(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 of paragraphs (E)(2)(d) to (E)(2)(f) of this 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 of air 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 prescribed by applicable law throughout the region affected by 

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 

affected by the 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 

complied with such emission standards, has been since the adoption of such 

emission standard, technically infeasible, economically unreasonable, or 

impossible because of conditions beyond the control of the 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 if the source for which the 

variance is requested were to comply with applicable law; 

(b) Result in an actual net ambient air quality improvement which is as 

good as, or better than, that which would occur if the 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 than permitted by applicable law; 

(c) Include applications for variances or permits-to-operate (or 

modifications of existing variances or permits-to-operate) for such 

other sources at the same facility that specify a level of allowable 

emissions of an air contaminant which is below the level 

established by applicable law and which satisfies the requirements 

of paragraphs (E)(2)(d)(i)(a) and (E)(2)(d)(i)(b) of this rule: 

(ii) Air contaminants from different sources shall be considered to be the 

same for purposes of paragraph (E)(2)(d)(i) of this rule only if they are 

comparable in terms of type of contaminant. 

(iii) Emissions of particulates ofthe following types shall not be considered, 

for purposes of paragraph (E)(2)( d)(i) of this rule to be the same as 

emissions of particulates of any other types: 

(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 of paragraph (E)(2)( d)(i) of this rule, to be the 

same as emissions of organic compounds of any other types: 

(a) Benzene; and 

(b) Vinyl chloride. 

(e) Such compliance with applicable law or other terms and conditions as is 

required by the variance will be achieved as expeditiously as practicable; 

(f) If any rule from which a variance is sought has been approved by the 

administrator of the United States environmental protection agency as part 

of the implementation plan, the applicant must demonstrate those matters 

required by federal law or regulations, including, but not 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 implementation plan. 

(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, even though the demonstrations required by paragraph 

(E) of this rule have been made. 

The language in paragraph (F) is incorporated into new OAC 3745-31-09(D). 

(G) Action on applications for variance 

The language in paragraphs (G)(J), (G)(2), (G)(3) and (G)(5) are incorporated into 

new OAC 3745-31-09(£). Minor changes in language and organization 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 7 45-4 7 of the Administrative 

Code. 

(2) In granting, revoking, denying, or modifying any variance, the director shall state 

his reasons therefor in writing. The decision and reasons therefor shall be made 

publicly available at the cost of reproduction and handling. 

64 
(3) The director shall act on an application for a variance within six months of the 

filing of a complete application by issuing a proposed or final action. 

( 4) A single variance issued pursuant to this rule for an air contaminant source may 

provide the applicant relief from more than one emissions limitation. 

The above paragraph (G)(4) is incorporated into new OAC 3745-31-09(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 in paragraphs (G)(6), (G)(7), and (G)(8) are incorporated into new 

OAC 3745-31-09(F). Minor changes in language and organization for 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 shall not be issued unless: 

(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 CFR Parts 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 by the administrator or his 

representative as a revision to the implementation plan; 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 

implementation plan. 

(7) If a variance has been approved by the administrator pursuant to paragraph (G)(6) 

of this rule, a renewal of such variance shall not be subject to the requirements 

of paragraph (G)(6) of this rule unless a significant difference exists between the 

material aspects of such variance and the renewed form of such variance. For the 

purposes of paragraph (G)( 6) of this rule, a significant difference shall include 

any change in the final compliance date of any compliance schedule. 

(8) Upon issuance of a variance authorizing emissions as described in paragraph 

(E)(l)(a) or (E)(l)(c) of this rule, and upon approval thereof by the administrator 

as provided by paragraph (G)(6)(c) of this rule, if applicable, 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 of applicable law, including, if applicable, requirements regarding 

implementation plans. Following rulemaking procedures mandated by law on 

65 
the proposal, the director shall take such action on the proposal as is lawful and 

reasonable. 

(H) Terms and conditions 

The language in paragraph (H) and its subparagraphs is incorporated into new OAC 

3 7 45-31-09(G) unless noted below. Minor changes in language for clarity purposes 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 condition thereof. 

The language "and shall be a term and condition thereof" is redundant and is 

suggested for removal (see OAC 3745-31-09(G)(2)). 

(2) Each variance issued pursuant to this rule and each variance or permit-to-operate 

issued to another source pursuant to paragraph (E)(2)(d) of this rule shall include 

as terms and conditions a specified emission limit for each air contaminant for 

which a variance is granted and test 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 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. 

The above paragraph is incorporated into 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 above paragraph is incorporated into new OAC 3745-31-09(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 above paragraph is incorporated into new OAC 3745-31-07(D)(l). 

( 6) In the event of a transfer of ownership or operation of an air contaminant source 

to which a variance has been issued, the variance shall be transferred to the new 

owner or operator. The transferee shall assnme the responsibilities of the 

66 
transferor. The Ohio environmental protection agency must be notified m 

writing of any transfer of a variance. 

The above paragraph is incorporated into new OAC 3745-31-07(£). 

(7) Such air pollution emergency episode plans as are submitted and approved 

pursuant to Chapter 3745-25 of the Administrative Code shall become terms and 

conditions of the variance and shall have full force and effect as a part thereof. 

The above paragraph is no longer necessary. OAC 3745-25-03 identifies the 

requirements for emergency episode plans and the requirement for inclusion in 

variance terms. This requirement will remain unchanged upon implementation 

of the PTIO program. 

(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, or other aspects of the source operation. 

The above paragraph is addressed within the requirements of new paragraph 

OAC 3745-31-05(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 

consistent progress and has met all interim deadlines specified in the compliance 

schedule or specified by the Ohio environmental protection agency. If the 

responsible official fails to file an interim report, or if such report fails to satisfy 

the director that the source is making satisfactory progress, then the director may 

revoke the variance. False or misleading statements in an interim report shall be 

grounds for revocation of the variance. 

The above paragraph is addressed within the requirements of new paragraph 

OAC 3745-31-07(B)(5) and new OAC 3745-31-09(0)(4) and (I). 

(I) Possession of a variance relieving an air contaminant source from having to comply 

with any requirement of applicable law shall not relieve an air contaminant source of 

the responsibility to comply with all other requirements of applicable law. 

The above paragraph is incorporated into new OAC 3745-31-09(H). 

(J) Revocation 

(1) The director may revoke a variance if the director determines that any of the 

terms, conditions, standards, or requirements of this rule have been or will be 

67 
violated or that circumstances have changed so that the applicant is no· longer 

eligible for a variance under paragraph (E) of this rnle. 

The above paragraph is incorporated into new OAC 3745-31-07(B)(5). 

(2) A variance that has been revoked shall forthwith be surrendered to the Ohio 

environmental protection agency. 

The above requirement in paragraph (J)(2) was not incorporated. Once notice is 

served that a variance is revoked, surrendering the variance offers no additional 

assurances and is not necessary . 

68 
3745-35-04 General policy. 

(A) Where any person demonstrates by a preponderance of the evidence that more than 

one alternative would, with equal efficiency and, if appropriate, speed, satisfy any 

requirement of applicable law, then the Ohio enviromnental protection agency shall 

encourage the implementation of the least costly alternative. 

We did not incorporate the above requirement. There is no language similar to it in 

the ORC, except for the requirements with the Best Available Technology (BAT) 

language. Under the PTIO program, BAT would be addressed in the same manner it 

is addressed under the PTI 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 of applicable law. 

The above paragraph is addressed within the requirements of new paragraph OA C 

3745-31-05(!). 

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

variances in sequence based on the filing date of a completed application. 

The above paragraph is no longer necessary since implementation of the PTIO 

program combines the application process for both PTis and PTOs. 

69 
3745-35-05 Permit exemptions and registration status. 

(A) Permit exemptions: 

(1) Except as otherwise provided in paragraph (A)(3) of this rule, the following air 

contaminant sources shall not be required to apply for, or obtain, permits-tooperate or variances: 

(a) Comfort ventilating systems; 

The above exemption is addressed within the boiler exemptions of OA C 

3745-31-03(A)(l). 

(b) Incinerators located in dwellings containing six or fewer dwelling units; 

The above exemption is addressed under OAC 3745-31-03(A)(l)(t). 

(c) Sources, located in dwelling units, from which products of combustion 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 of less than one million 

British thermal units per hour when operated at the maximum capacity; 

The above exemption is addressed under OAC 3745-31-03(A)(l)(a) to 

(A)(l)(c). 

(d) Gasoline storage tanks, grain dryers and storage silos which are located on 

farms and used solely for farming activities. 

The above exemption is addressed under OAC 3745-31-03(A)(l)(o). 

(2) The exemptions specified within paragraph (A)(l) of this rule shall not relieve 

any air contaminant source from the responsibility to comply with applicable 

law, ordinances, rules or regulations of any political subdivision of the state of 

Ohio. 

The above paragraph is addressed under OAC 3745-31-03(A)(comment) and 

OAC 3745-31-02(F). 

(3) If, in the director's judgment, based on a review of mass emission test data, 

visible emission readings, emission factors, mass balance data, source inspection 

information, or other pertinent information, a source described in paragraphs 

(A)(l)(a) to (A)(l)(e) of this rule has violated, may presently be violating, or 

may in the future violate applicable law, the director shall notify the owner or 

operator of the source in writing that the source is no longer exempt pursuant to 

paragraph (A)(l) of this rule. The owner or operator may contest the withdrawal 

of exemption by filing with the hearing clerk, within thirty days of receipt of the 

written notification, a request for adjudication hearing. At the close of hearing 

70 
procedures, the director shall restore the exemption if the owner or operator has 

demonstrated that the source has not violated, is not presently violating, 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) of this rule. 

The above paragraph is addressed under OAC 3745-31-02(D) and was 

therefore not incorporated verbatim. 

(B) Registration status: 

The registration status system will no longer be applicable under the PTIO program. We 

incorporated the registration status requirements below into new OAC 3745-31-08 for 

historical purpose and for those sources that existed prior 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, if the owner or operator of such source demonstrates to the satisfaction 

of the director that the source is in compliance with applicable law and if either 

of the following conditions are met: 

(a) The source is not subject to any mass emissiOns limitation or control 

requirement specified within or pursuant to 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 of the 

Administrative Code; the maximum potential yearly emissions of lead and 

organic compounds from the source are each less than five tons; and the 

maximum potential yearly emissions of particulates and sulfur dioxide from 

the source are each less than twenty-five tons. 

The above paragraph (B)(1) is incorporated into new OAC 3745-31-0B(B). 

(2) If an 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 of the 

source in writing. 

The above paragraph (B)(2) was determined to no longer be necessary because 

no new registration status permits will be issued under the PTIO program. 

(3) An application for a permit-to-operate for an air contaminant source may remain 

on registration status until removed in accordance with paragraph (B)(4) of this 

rule. 

The above paragraph (B)(3) was determined to no longer be necessary because 

no new registration status permits will be issued under the PTIO program. 

71 
(4) The director may at any time require the owner or operator of an 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 

of paragraph (B)(l) of this rule. If the owner or operator complies with this 

request of the director within a reasonable period of time as specified by the 

director, the updated application shall be processed in accordance with 

applicable rules, including retention on registration status if appropriate. If the 

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 

application previously submitted by such owner or operator for such source shall 

be removed from registration status and processed in accordance with applicable 

rules. Any subsequent permit denial or notice of application deficiency shall 

serve as notice to the owner or operator of the source that their permit-to-operate 

application for such source has in fact been removed from registration status. 

The above paragraph (B)(4) is incorporated into new OAC 3745-31-0B(D). 

(5) For purposes of paragraph (B)(l) of this 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 any one calendar year. 

(b) "Registration status" means that the source may be operated without having 

obtained a permit-to-operate or variance, and exists upon notification as 

provided in paragraph (B)(2) of this rule. 

The above paragraph (B)(5) is incorporated into new OAC 3745-31-0B(A). 

72 
3745-35-06 Permits-to-operate for grain and feed processing operations and 

fertilizer mixing operations. 

The requirements under this rule are incorporated under new OAC 3745-31-04(D). The 

language has been rearranged for clarity purposes. 

(A) In accordance with paragraph (B)(7) of rule 3745-35-02 of the 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 

of the Administrative Code and which are located at a facility which constitutes a 

grain and feed processing operation. 

(B) In accordance with paragraph (B)(7) of rule 3745-35-02 of the 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 of the Administrative Code and which 

are located at a facility which constitutes a fertilizer mixing operation. 

(C) Permits-to-operate for sources of fugitive 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 rules of the 

director. 

73 
3745-35-07 Enforceable limitations on potential to emit. 

The requirements under this rule are incorporated under new OAC 3745-31-05(D) 

which addresses all types of special terms and conditions, whether they are synthetic 

minor terms or for a FEPTIO (federally enforceable permit to install and operate 

(formerly FESOP)). The language has been rearranged for clarity purposes and to 

integrate within the existing requirements for special terms and conditions for PT!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 of the 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) of rule 3745-77-01 of the Administrative Code, under its physical 

and operational design. Any physical or operational limitation on the capacity of a 

source to emit a federally regulated air pollutant, including air pollution control 

equipment and restrictions on hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design if the limitation 

is enforceable by the administrator as defined in paragraph (B) of rule 3 7 45-77-01 of 

the Administrative Code or legally and practicably enforceable by the state. The term 

does not alter or affect the use of this term for any other purposes under the Clean 

Air Act, or the term "capacity factor" as used in Title N of the Clean Air Act or the 

regulations promulgated thereunder. 

All but the last sentence of this definition was incorporated into the existing 

definition for PTE under OAC 3745-31-01. It was determined that the last sentence 

was not necessary or contained in the corresponding federal definition. 

(B) Enforcement limitations on the potential to emit of a source may be established 

through any of the following mechanisms: 

(1) Terms and conditions of a final permit-to-install issued by the director under 

Chapter 3745-31 of the Administrative Code; 

(2) Terms and conditions of a final permit-to-operate issued under this chapter, 

provided that only those 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 of the 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 of the permit-to-operate are 

not federally enforceable, the director shall not issue the permit-to-operate until 

such objection has been resolved; 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) of the Clean Air Act. 

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 of complying with a federally enforceable cap on the potential to emit 

of the source. Such limitations shall ensure that the trades are quantifiable and 

enforceable and require seven-day advance notification to the appropriate Ohio 

environmental protection agency district office or delegated local air agency. 

(C) In order to be federally enforceable, a limitation must: 

(1) Specify an 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 on production or operation, provided that for purposes 

of this 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 a rolling 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 

or 40 CPR Part 51, Appendix M where appropriate; and 

( 4) Be no less stringent than any federally applicable requirement to which the 

source is subject. 

(D) Approval of this rule by the administrator is a prerequisite of federal enforceability of 

limitations under paragraph (B)(2) of this rule. 

Paragraph (D) was not incorporated directly. It is replaced with the language in 

OAC 3745-31-05(D)(l)(b)[Comment] 

75 
3745-35-08 General permit-to-operate. 

The requirements for this rule are incorporated into the existing requirements for 

general PTis under OAC 3745-31-29. 

[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 of the Administrative Code.] 

(A) Development of model 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, subject to the following conditions: 

(1) A model general permit shall apply to: 

(a) Processes producing the same or similar products; 

(b) Processes emitting the same or similar air contaminants; 

(c) Methods for capturing and controlling the air contaminants that are the same 

or limited to a small number of specific alternatives; and 

(d) Processes that are subject to the same emissions limitations, monitoring 

requirements, federal standards, or state rules. 

(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) Any necessary operational restrictions; 

(c) Any necessary monitoring, reporting and recordkeeping requirements; and 

(d) Testing requirements. 

(3) The director shall provide an opportuuity for public comment on the form and 

content of a model general permit as follows: 

(a) The director shall announce availability for comment on draft model general 

permits under development containing the requirements in paragraph (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 

notification to interested parties. 

(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, and provide electronic notification to interested parties. 

(c) Final model general permits are not actions of the 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 of announcement of the final form. 

(a) The review of the model general permit shall follow the same procedures for 

public comment as the draft and final form of the model general permits 

under development pursuant to paragraph (A)(3) of this 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 in this 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 affected by changes to the model general permit. 

(B) General permit-to-operate applicability 

A general permit-to-operate may be applied for and obtained if: 

(1) All of the qualifications and requirements described in this chapter are met, 

except as noted in paragraph (C)(2) of this rule; 

(2) The air contaminant source meets all of the qualifications listed in the requested 

model general permit; 

(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 of the Clean Air Act; and 

77 
( 4) The requested air contaminant source is not part of a new major stationary source 

or major modification subject to the attainment or nonattainment provisions 

contained in rules 3745-31-10 to 3745-31-27 of the Administrative Code. 

(C) General permit application 

(1) Owners or operators of air 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) of rule 3745-35-02 and paragraph (D) of rule 3745-35-03 of the 

Administrative Code except that the director may provide, in the model general 

permit-to-operate, for applications that deviate from the requirements of 

paragraph (B) of rule 3745-35-02 and paragraph (D) of rule 3745-35-03 of the 

Administrative Code, provided that such applications include all information 

necessary to determine qualification for, and assure compliance with, the general 

permit-to-operate. 

(D) General permit processing 

The director may issue a general permit-to-operate for any model general permit 

developed in accordance with paragraph (A) of this rule for a new air contaminant 

source( s) or modification( s) of an existing air contaminant source( s) as follows: 

(1) The director, at his 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 of the Administrative Code prior to issuing a general permit-to-operate 

as follows: 

(a) The director shall provide notification of requests by owners or operators of 

an air contaminant source( s) to be covered under the terms of the 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, and provide electronic notification to interested parties. 

(b) The director shall maintain, and make available to the public upon request, a 

list of all 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 if it is determined that unique site 

specific circumstances warrant additional limitations or permit conditions to 

control or mitigate environmental impacts that were not considered and 

addressed in the development and issuance of the general permit-to-operate. 

78 
( 4) Authorization to operate under the general permit-to-operate shall be granted by 

the director in the form of a 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, 

then the director can issue revised general permits-to-operate with prior notice to 

the affected owner or operator following the issuance procedures defined in 

paragraph (D)(2) of this rule. 

(E) A general permit-to-operate shall be effective for a fixed term not to exceed five 

years. 

(F) General permit termination 

(1) Any owner or operator who was issued a general permit-to-operate may request 

to be excluded from the coverage of the 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. If the 

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 general permit-to-operate. 

(2) The director may revoke a general permit-to-operate per paragraph (F) of rule 

3745-35-02 of the Administrative Code. 

(G) Enforcement action for failure to qualify or comply 

An air contaminant source(s)'s owner or operator who requests and is granted 

authority to operate under a general permit-to-operate shall be subject to 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 of the synopsis. 

80 
DRAFT CHANGES TO OAC RULE 3745-15-03 

3745-15-03 Submission of emission information. 

This rule provides the director with authority to require periodic reporting. Currently, 

DAPC includes the requirements for quarterly reporting (see paragraph (C) below) in all 

PTis and PTOs issued. Under the PTIO program, the quarterly reporting program is 

being changed to a Permit Evaluation Report (PER) program. Compared to quarterly 

reporting, the PER will provide greater amounts of compliance information and be 

simpler to complete. Under the PTIO program, each facility that receives a PTIO will be 

obligated to submit a PER rather than a quarterly report. The PER will need to be 

submitted on an annual basis for all emissions units regulated by a PTIO. 

The information provided in the PER will include information historically required 

through specific quarterly reporting along with additional more comprehensive 

information not previously reported. 

Under the PTIO program, Ohio EPA will provide facilities with a PERform and annual 

reporting reminders. Ohio EPA district staff and local air agencies will also assist 

facilities with completion of the report as needed. The new structured reporting regimen 

is expected to increase compliance, improve consistency in reporting and lead to a better 

understanding of permittee record-keeping and reporting obligations. 

Facilities will use the PER to report compliance issues, deviations, exceedances, and 

visible emission incidents. Ohio EPA staff will also conduct regulatory oversight through 

review of PER data and compliance inspections. 

An additional benefit of the PER is increased communication between facilities and Ohio 

EPA. Facilities can use the PER to report changes in ownership, business shutdowns, 

shutdown of emissions units and violations. Gathering this information in a consistent 

and predictable manner will also help improve the accuracy of data 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 of maintaining 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 fonn prescribed by the 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 of maintaining 

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 by the director._ 

(B) Periodic reporting. 

81 
(l) Requirements under paragraph (C) of this rule shall be applicable to an owner or 

operator of a facility: 

(a) Issued a permit-to-install, pursuant to Chapter 3745-31 of the 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 only be applicable to the terms and conditions specifically 

identified in the FEPTIO as subject to reporting under paragraph (C) of this 

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) of this rule shall be applicable to an owner or 

operator of a 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 of the Administrative Code. 

(C) Quarterly report. 

(!) Pursuant to paragraph (A) of this rule, each permit described under paragraph 

(B)(!) of this 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 of such deviations; and 

(c) Any corrective actions or preventive measures which have been or will be 

taken to remedy the deviations; or 

(d) If no 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 

submitted by the thirty-first of January, thirtieth of April, thirty-first of July, and 

thirty-first of October of each year, or any other variation of a continuous 

82 
quarterly 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 of the receipt, if hand delivered in person to the appropriate 

Ohio environmental protection agency district office or local air agency.] 

(3) Unless required by Chapter 3745-77 of the Administrative Code, quarterly 

reports may exclude the requirements of paragraphs (C)(l)(a) to (C)(l)(c) of this 

rule for reported deviations resulting from malfunctions reported in accordance 

with rule 3745-15-06 of the Administrative Code. In lieu of the 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 of the Administrative Code, shall 

be deemed to meet the requirements for quarterly reporting under this rule if the 

requirements contained in paragraph (C) of this rule are satisfied in the reporting 

required under Chapter 3745-77 of the Administrative Code. The owner or 

operator shall identify in any report submitted under the requirements of Chapter 

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 of a\1 air contaminant sources that have been issued a permit described 

under paragraph (B)(2) of this rule; 

(b) Additional information or corrections to air contaminant sources identified in 

the permit evaluation permit; 

(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 of such deviations; and 

(e) Any corrective actions or preventive measures which have been or will be 

taken to remedy the deviations; or 

83 
(0 If no deviations occurred during the reporting period, the owner or operator 

shall identify in the permit evaluation report that no deviations occurred 

during that reporting period. 

(2) Reporting period. 

(a) The permit evaluation report 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 by February fifteenth. 

(ii) April first to March thirty-first, report due by May fifteenth. 

(iii) July first to June thirtieth, report due by August fifteenth. 

(iv) October first to September thirtieth, report due by November 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 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 of the receipt, if hand 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 established by the 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 of the Administrative Code. In lieu 

of the requirements of paragraphs (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 in which 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 37 45-31 

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 of Ohio 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: Request for Approval of Ohio Administrative Code ("OAC") Chapter 3745-31 

NSR Reform Rule Changes into the 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 request to address these 

concerns. In light of the Jul']e 24, 2005 D.C. Circuit Court of Appeals ("Court") decisions 

regarding the federal NSR Reform regulations, I am requesting full approval of only those 

portions of our final NSR Reform rules that are equivalent to those federal regulations 

which have not been vacated. Attached is a synopsis of the portions of Ohio EPA's rules 

for which 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, I will submit the remaining portions of the NSR Reform rules for SIP approval. 

Until such time, Ohio EPA will not implement the federal Pollution Control Project (PCP) 

and Clean Unit provisions vacated by the 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 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 prior to the issuance of the 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 EPA is an Equal Opportunity Employer 
NSR Reform SIP Approval 

Page 2 of 2 

On a final note, Ohio EPA inadvertently included, as part of a 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. We will be removing the reference in the near future 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 about this submittal. 

. Koncel k 

Bob Hodanbosi, Chief Division of Air Pollution Control 

Genevieve Damico, U.S. EPA, Region V 

JPK!jln 

att 
A. 

Synopsis of Reauest for SIP Approval: NSR Reform 

The following portions of the NSR Reform Rules contained in Ohio 

Administrative Code Chapter 31 are being retained in Ohio's rules until any 

necessary future amendments are made. I am withdrawing my original request 

for approval of these sections of Chapter 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 of a PCP from a physical change or 

change in the method of operation 

4. OAC 3745-31-01(SSS)(3)(d). Exemption of increases or decreases in 

Clean Units from the determination of a 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 

37 45-31-31) that are contained within the portions of the 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 of the language with the exception of the 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 of a 

significant net emissions increase 

"[Comment: Except as otherwise provided in rules 3745-31-31 and 

Page 1 
37 45-31-32 of the 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 of emissions 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) of this 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, if a NSR p1 ojeet 

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 for the existing tJnit and tJsing the method speeified in 

paragraph (111)(4)(e) of tl1is 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 of a relaxation in any enforceable limitation established after 

August 7, 1980, on the capacity of the stationary source or 

modification otherwise to emit an air pollutant, such as a restriction 

on hours of operation, the requirements of rules 37 45-31-10 to rule 

3745-31-27 and 3'i"45 31 39 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 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 (other than NSR 

projects at a elean tJnit 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 

Page2 
of the 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," 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. 
Ohio EPA 

Division of Air Pollution Control 

inter-office communication 

to: 

. from: 

cc: 

subject: 

date: 

All Air Permitting and Enforcement Staff 

Bob Hodanbosi, Chief DAPC 

Mike Hopkins 

Implementation of NSR Reform Pollution Control Project and 

Clean Unit Provisions 

October 26, 2005 

After an extensive public participation process, Ohio EPA incorporated the 2002 federal 

NSR Reform Regulations into Chapter 31 of the Ohio 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. 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 of this IOC is to provide 

guidance on how Ohio EPA Division of Air Pollution Control ("DAPC") will address the 

PCP and Clean Unit provisions contained in the OAC. 

Ohio EPA has 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. At this time, Ohio EPA has decided not to amend 

the OAC to remove these provisions. However, we have requested U.S. EPA approve only 

those portions of Ohio'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 prior to the issuance of the NSR project's 

[minor NSR] permit-to-install is greater than any one of the significant levels found in the 

significant definition of rule 37 45-31-01 of the Administrative Code" must record 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 note that the Court's ruling affects the applicability of major NSR for PCPs but does 

not affect our state-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 under the state-based program if the 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 or a Clean Unit designation will not be processed by Ohio EPA 

until such time that the Court's render an alternate decision. 

I have attached below a copy of the synopsis of those provisions of Ohio's NSR Reform 

rules for which we are not requesting SIP approval. If you have any questions, please feel 

free to contact the Central Office Permitting Section. 

Thank you, 

Bob Hodanbosi 

Chief, Ohio EPA DAPC 
Synopsis of Request for SIP Approval: NSR Reform 

A. The following portions of the NSR Reform Rules contained in Ohio Administrative 

Code Chapter 31 are being retained in Ohio's rules until any necessary future 

amendments are made. I am withdrawing my original request for approval of these 

sections of Chapter 31 into the SIP. 

1. OAC 37 45-31-01 (Y). Definition for Clean Unit. 

2. OAC 37 45-31-01 (111)(4)(c). Emission testfor NSR projects that 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 37 45-31-01 (SSS)(3)( d). Exemption of increases or decreases in Clean 

Units from the determination of a net emissions increase. 

5. OAC 37 45-31-01 (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. · 

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 of the 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 of the language with the exception of the 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 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 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 testfor NSR projects that involve multiple 

types of emissions 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) of this 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 exan 1ple, if a NSR projeet 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 n 1ethod speeified i1 1 paragraph (111)(4)(e) oftllis rule for the 

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 otherwise to emit an 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 of the 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 (other than 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 of the 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, 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 

Chapter 31 rules. Ohio EPA inadvertently left the federal 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.