ACTION: Final DATE: 06/02/2008 8:17 A M 

TO B E RESCINDED 

3745-31-06 Termination. 

(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. 

(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 final disposition of the appeal 

unless prohibited by any court or administrative body having jurisdiction over the 

matter. 

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3745-31-06 TO B E RESCINDE D 2 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 1/1/74, 8/15/82, 9/18/87, 10/17/03, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

participation, public notice, and issuance. 

(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. 

(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. 

(O 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: 

f 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. 

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3745-31-06 2 

(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)(1) of this rule the date on 

which the application was determined to be complete. 

(E) Permit decision time limits and issuance or denial 

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. 

(1) 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-to-install 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)(1) 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 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: 

fi) 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, 
3745-31-06 

(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 (G) 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. 

(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-to-install or express PTIO. 

(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. 

(6) Renewal PTIO 

fa) 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)(1) 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. 

(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 terms and conditions of an expired PTIO until 

issuance of a renewal PTIO bv the director. 
3745-31-06 4 

(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. 

(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. 

(TD Public participation/notification requirements 

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) An y 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: 

(c) An y comprehensive regional land use planning agency: and 

(d) An y 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 PTIOs. upon request, provide 

opportunity for a public hearing for interested persons to appear and submit 
3745-31-06 5 

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 hearingfs) 

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. 
3745-31-06 6 

Replaces: Par t o f 3745.31.05, 3745-31-08, 3745-31-09, Part of 

3745-35-02 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F), 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03(F), 3704.03(A) 

Prior Effective Dates: 7/5/73, 1/1/74, 12/7/78, 11/7/79, 6/14/82, 8/15/82, 

9/18/87, 11/17/88 (Emer.), 3/9/89 (Emer.), 6/12/89, 

10/8/93,4/20/94, 10/31/94, 11/18/94,4/12/96, 

4/27/98, 6/18/01, 11/30/01, 10/17/03, 10/28/04, 

11/3/06, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-07 Termination. Rcvocationrevocation. expiration, renewal. 

revision and transfer. 

The diroctor may rovoko a pennit to install, if the diroctor concludos at any timo that any 

applicable law3 havo boon or aro likoly to bo violated. 

TTTU 

(A) Termination 

(1) Authorization to install or modify an air contaminant source(s) contained in an 

issued permit-to-install or PTIO shall terminate within eighteen months ofthe 

effective date 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)(1)(c) of rule 3745-31-02 of the Administrative 

Code. 

(B) Revocation 

(1) The director mav 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. 

(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. 

(3) Revocation, pursuant to paragraph (B)(1) of this rule, of a permit-to-install. 

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

holder. 

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3745-31-07 2 

(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. 

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

be revoked if: 

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

requirements 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 

(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. 

(C) Expiration and renewal 

(1) A PTIO mav 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 of the Administrative Code. 

(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-bv-case basis provided the total time 

period of effectiveness is consistent with the requirements of paragraph 

(G) of section 3704.03 ofthe Revised Code. 

(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. 

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

(3) Any site approval for a portable source issued pursuant to paragraph (H) of rule 
3745-31-07 3 

3745-31-05 of the Administrative Code 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 paragraph (H) of rule 

3745-31-05 ofthe Administrative Code. 

(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. 

(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. 

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

to paragraph (R) 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. 

(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 

(1) 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, in a 

manner prescribed by the director, of any transfer of a permit once the 

transfer has been completed. 
3745-31-07 4 

Replaces: 

Effective: 

R.C. 119.032 review dates: 

Part of 3745-31-02, Part of 3745-31-05, 3745-31-06, 

Part of 3745-35-02, Part of 3745-35-03 

06/30/2008 

12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(F), 3704.03(G) 

3704.03(G), 3704.03(F), 3704.03(A) 

7/5/73, 1/1/74, 12/7/78, 11/7/79, 12/5/80, 6/14/82, 

8/15/82, 8/30/82, 9/18/87, 11/17/88 (Emer.), 3/9/89 

(Emer.), 6/12/89, 10/8/93,4/20/94, 10/31/94, 

11/18/94, 4/12/96, 4/27/98, 6/18/01, 11/30/01, 

10/17/03, 11/3/06, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-08 

TO B E RESCINDED 

Procedure for decision by director. 

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 ofthe Administrative Code. 

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3745-31-08 TO B E RESCINDED 2 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 1/1/74, 8/15/82, 11/30/01, 10/17/03, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

(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 variance, and exists upon notification as 

provided by the director. 

(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 Chapters) 3745-17. 3745-18 and/or 3745-21 ofthe 

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. 

(C) A n 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 

CD) or fE) ofthis rule. 

CD) 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-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 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 

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3745-31-08 2 

from registration status. 

(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 of registration status shall be final immediately after service of 

notice to the registration status holder. 
3745-31-08 3 

RepIaces :

 Part of 3745-35-05 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F), 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03(F), 3704.03(A) 

Prior Effective Dates: 1/1/74, 11/7/79, 8/15/82, 6/18/01, 11/30/01,10/17/03, 

11/3/06, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO B E RESCINDED 

3745-31-09 Air permit-to-install completeness determinations, public 

participation and public notice. 

(A) Completeness review time restriction 

Within sixty days after the director or his agent or authorized representative 

receives an application for the issuance of a permit-to-install 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. 

(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 determination. If the 

director fails to make a completeness determination and provide written notice of 

his 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 agent or authorized representative. 

(C) Materially deficient applications 

If, within the time prescribed in paragraph (A) and, if applicable, paragraph (B) of 

this rule, the director or his 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 

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3745-31-09 TO B E RESCINDED 2 

the applicant of his determination; 

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

(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)(1) of this rule the date on 

which the application was determined to be complete. 

(E) Permit decision time limits 

The director shall issue or deny or propose to issue or deny a permit-to-install 

pursuant to rules adopted under division (F) of section 3704.03 of the Revised 

Code, or modification of such a permit within one hundred eighty days after the 

date that 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)(1) 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 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. 

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

The director, upon his 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. 

(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. 

(H) Public participation/notification requirements 

The director shall: 
3745-31-09 TO B E RESCINDED 3 

(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, 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; 

(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, upon request, provide opportunity for a 

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

comments on the air quality impact ofthe air contaminant source, alternatives 

to it, the control 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. 
3745-31-09 TO B E RESCINDE D 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 4/12/96, 10/28/04, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-09 Variances on operation. 

[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 

3745-31-01 ofthe Administrative Code.] 

(A) A variance may be applied for and obtained from the director that allows operation or 

other use of an air contaminant source that emits an air pollutant in violation of an 

applicable law pursuant to the provisions ofthis rule, except: 

(1) No variance shall be granted from Chapter 3745-19 of the Administrative Code 

governing open burning, and 

(2) No variance shall be granted to a new source, as defined in rule 3745-31-01 of 

the Administrative Code, from any emissions limitation which was applicable 

to the source as a new source, and 

(3) No variance from any rule of the director adopted under Chapter 3704. of the 

Revised Code may be granted except pursuant to this rule. 

(B) Applications for variances shall meet the requirements of rules 3745-31-02 and 

3745-31-04 ofthe Administrative Code 

(1) 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 thereinFurther 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. 

(2) A n application which seeks a variance pursuant to this rule which allows an 

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. An y such 

application which fails to so specify may be treated as a deficient application 

as set forth in paragraph (B)(1) ofthis rule. 

(C) Standards for granting variances 

(DA variance for an air contaminant source mav 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 

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3745-31-09 2 

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) To emit an air contaminant in accordance with both paragraphs (C)(1)(a) 

and (C)(1)(b) ofthis rule. 

(2) A variance may be issued only if the applicant either demonstrates the 

requirements of paragraphs (C)(2)(a) to (C)(2)(c) of this rule, paragraph 

(C)(2)(e) of this rule, and paragraph (C)(2)(f) of this rule, or. demonstrates 

the requirements of paragraphs (C)(2)(d) to (C)(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 bv 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: 

(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: 
3745-31-09 3 

(d) Bubble concept: 

(i) A n 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: 

fa) 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: 

fb) 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: 

fc) Include applications for variances or PTIOs (or modifications 

of existing variances or PTIOs) 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 (C)(2)(d)(i)(a) and (C)(2)(d)(i)(b) ofthis rule: 

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

the same for purposes of paragraph (C)(2)(d)(i) ofthis rule only if 

they are comparable in terms of type of contaminant. 

(iii) Emissions of particulates of the following types shall not be 

considered, for purposes of paragraph (C)(2)(d)(i) of this rule to 

be the same as emissions of particulates of any other types: 

fa) Asbestos: 

fb) Beryllium: 

fc) Coke oven emissions: 

fd) Lead: and 
3745-31-09 

(e) Mercury. 

(iv) Emissions of organic compounds of the following types shall not 

be considered, for purpose of paragraph (C)(2)(d)(i) of this rule, 

to be the same as emissions of organic compounds of any other 

types: 

(a) Benzene: and 

fb) Viny l chloride. 

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

required bv 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 Ohio state 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/her representative as a revision to the Ohio state 

implementation plan. 

(D) 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 bv 

paragraph (C) of this rule have been made. 

(E) Action on applications for variance 

(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 

variance in the manner specified in Chapter 3745-47 of the Administrative 

Code. 

(2) 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. 

(3) Variances under this rule shall be issued, denied, modified, or revoked and mav 

be challenged in accordance with the provisions of Chapter 3745-47 of the 

Administrative Code. 

(a) In issuing, denying, modifying, or revoking any variance, the director 

shall state his/her reasons in writing. The decision and reasons shall be 
3745-31-09 5 

made publicly available at the cost of reproduction and handling. 

(F) Variances from rules contained in the Ohio state implementation plan 

( D A variance from a rule which has been approved by the administrator of the 

United States environmental protection agency as part of the Ohio state 

implementation plan shall not be issued unless: 

fa) Such variance has been submitted to the administrator as a revision to the 

Ohio state implementation plan pursuant to applicable law, including, 

but not limited to. 42 US C 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/her representative as a revision to the Ohio state implementation 

plan: and 

(c) The variance contains a condition that the variance will not be effective 

until approved by the administrator or his/her representative as a 

revision of the Ohio state implementation plan. 

(d) If a variance has been approved by the administrator pursuant to 

paragraph (F)(1) of this rule, a renewal of such variance shall not be 

subject to the requirements of paragraph (F)(1) 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 (F)(1) of this rule, a significant difference shall include any 

change in the final compliance date of any compliance schedule. 

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

(C)(1)(a) or (C)(1)(c) of this rule, and upon approval thereof by the 

administrator as provided bv paragraph (F)(1)(c) ofthis 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 the proposal, the director shall take such action on the proposal as 

is lawful and reasonable. 

(G) Terms and conditions of variations 

(1) A single variance issued pursuant to this rule for an air contaminant source mav 

provide the applicant relief from more than one emission limitation. 

(2) Except as otherwise appropriate under paragraph (C) of this rule, an approved 

compliance schedule shall be incorporated into any variance granted. 
3745-31-09 6 

(3) Each variance issued pursuant to this rule and each variance or PTIO issued to 

another source pursuant to paragraph (C)(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. 

(4) 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. 

(TP 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. 

(1) Variances may be revoked pursuant to paragraph (B)(5) of rule 3745-31-07 of the 

Administrative Code. 
3745-31-09 7 

Replaces :

 Part of 3745-35-03 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F), 3704.03(G), 3704.03(H) 

Rule Amplifies: 3704.03(G), 3704.03(F), 3704.03(A) 

Prior Effective Dates: 7/5/73, 11/7/79, 12/5/80, 8/30/82, 4/12/96, 6/18/01, 

10/28/04, 11/3/06,12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-10 Air stationary source obligationsNSR projects at existing 

emissions units at a major stationary source. 

(A) Complianco with othor roquiromonts 

Tho approval to construct under this chapter shall not relieve any owner or operator 

of a stationary sourco of tho responsibility to comply fully with applicable 

provisions of this chapter and any othor roquiromonts under local, state or federal 

law? 

(B) Relaxation of onforcoablc limitations 

At such timo that a particular stationary sourco or modification becomes a major 

stationary source or major modification solely by virtue of a relaxation in any 

onforcoablc limitation established aftor August 7? 1980, on tho capacity of tho 

stationary sourco or modification otherwise to omit an air pollutant, such as a 

restriction on hours of operation, tho roquiromonts of rulos 3745-31-10 to 

3745 31 27 and 3715 31 30 to 3715 31 32 of tho Administrative Codo shall apply 

to the stationary sourco or modification as though construction had not yet 

commenced on tho stationary sourco or modification. 

(€}(A) The following provisions apply to NSR projects at existing emissions units at a 

major stationary source (other than NSR projects at a clean unit or at a stationary 

source with a PAL) in circumstances where there is a reasonable possibility that a 

N SR 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 fZZZZXAAAAA) of rule 3745-31-01 of the Administrative Code for 

calculating projected actual emissions. 

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

shall document and maintain a record of the following information: 

(a) A description ofthe NS R project; 

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

N SR pollutant could be affected by the NSR project; and 

(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 rZZZZYiyc¥AAAAA¥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. 

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3745-31-10 2 

(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 (CX1)(A)(1) 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 NS R 

project's 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. 

(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) 0 f 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 

(C)(3)(A)(3) 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 (CXIYAVI ) of this rule, exceed the baseline actual 

emissions (as documented and maintained pursuant to paragraph 
3745-31-10 3 

(A)(1)(c) of this rule, by a significant amount for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as 

documented and maintained pursuant to paragraph (C)(l)(c)(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 (C)(3)(A)(3) 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). 

(B)(B) The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to paragraph (C) of this rule available for 

review upon request. 

(E) If any provision of rules 3745 31 10 to 3745 31 32 of the Administrative Codo or tho 

application of such provision to any person or circumstance, is hold invalid, tho 

remainder of this chapter, or tho application of such provision to persons or 

circumstances othor than thoso as to which it is hold invalid, shall not bo affoctod 

thereby. 
3745-31-10 4 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 4/12/96, 10/28/04,12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

[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 "Incorporation by Reference" at the end of rule 3745-31-01 of 

the Administrative Code.] 

(A) Authority to request approval 

A n owner or operator of a proposed major stationary source or major modilication 

that is to be constructed in an area designated in 40 CFR 81.336 as attainment for 

an air pollutant for which the major stationary source or major modification is 

major may request the director of the Ohio environmental protection agency to 

approve a system of innovative control technology. 

(B) Limitations on approval 

The director of the Ohio environmental protection agency, with the written consent 

of the govemor(s) of other state(s) whose air quality may be affected by emissions 

from the major stationary source or major modification, may determine that the 

major stationary source or major modification may employ a system of innovative 

control technology if: 

(1) The proposed control system would not cause or contribute to an unreasonable 

risk to public health, welfare or safety in its operation or function; 

(2) The owner or operator agrees to achieve a level of continuous emission 

reduction equivalent to BAC T by a date specified by the director. Such date 

shall not be later than four years from the time of start-up or seven years from 

permit issuance; 

(3) The major stationary source or major modification would meet the requirements 

equivalent to those in mlesrule 3745-31-05 of the Administrative Code and 

3745 31 06paragraph (A) of mle 3745-31-07 of the Administrative Code 

based on the emission rate that the major stationary source employing the 

system of innovative control technology would be required to meet on the 

date specified by the director. 

(4) The major stationary source or major modification would not, before the date 

specified by the director; 

(a) Cause or contribute to any violation of any applicable national ambient air 

quality standard; or 

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3745-31-20 2 

(b) Impact any Class I area; or 

(c) Impact any area where an applicable increment is known to be violated; 

(5) All other applicable requirements including those for public participation under 

mle 3715 31 093745-31-06 ofthe Administrative Code have been met. 

(C) Withdrawal of approval 

The director shall withdraw any approval to employ a system of innovative control 

technology made under this mle if: 

(1) The proposed system fails by the specified date to achieve the required emission 

rate; or 

(2) The director determines that continued operation will cause or contribute to an 

unreasonable risk to public health, welfare or safety. 

(D) Extension of demonstration period 

If a proposed major stationary source or major modification fails to meet the 

required level of continuous emission reduction within the specified time period, or 

if the approval is withdrawn in accordance with paragraph (C) of this mle, the 

director may allow the major stationary source or major modification up to an 

additional three years to meet the requirement for the application of BAC T through 

use of a demonstrated system of control. 
3745-31-20 3 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 4/12/96, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see "Incorporation by Reference" at the end of mle 3745-31-01 of 

the Administrative Code.] 

(A) Conditions for permit-to-install approval 

If the director finds that a major stationary source or major modification for which 

a permit-to-install application has been submitted would be constructed in an area 

designated in 40 CFR 81.336 as nonattainment for an air pollutant for which the 

major stationary source or major modification is major, approval may be granted 

only if the following conditions are met: 

(1) Lowest achievable emission rate (LAER) 

The major stationary source or major modification is required to meet an 

emission limitation that specifies the LAE R for such stationary source. 

If the director determines that technological or economic limitations on the 

application of measurement methodology to a particular class of stationary 

sources would make the imposition of an enforceable numerical emission 

standard infeasible, the director may instead prescribe a design, operational, 

or equipment standard. An y permits issued without an enforceable numerical 

emission standard must contain enforceable conditions which assure that the 

design characteristics or equipment will be properly maintained (or that the 

operational conditions will be properly performed) so as to continuously 

achieve the assumed degree of control. 

The LAE R is required only for those major nonattainment air pollutants for 

which the increased allowable emissions exceed the significant emission 

rates, although the director may choose to require LAE R for air pollutants 

that do not exceed these values. 

The new emission limitations for the new stationary source as well as any 

existing stationary sources affected must be federally enforceable. 

(2) Compliance certification 

The applicant must certify that all existing major stationary sources owned or 

operated by the applicant (or any entity controlling, controlled by, or under 

common control with the applicant) in Ohio as the proposed major stationary 

source or major modification are in compliance with all applicable emission 

limitations and standards under the Clean Air Ac t (or are in compliance with 

an expeditious schedule which is federally enforceable or contained in a court 

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3745-31-22 2 

decree). 

(3) Emission offsets 

(a) Emission reductions (offsets) from existing air contaminant sources in the 

area of the proposed major stationary source (whether or not under the 

same ownership) are required such that there will be reasonable 

progress, as determined by the director, toward attainment of the 

applicable national ambient air quality standard. 

(b) Only intra air pollutant emission offsets will be acceptable (e.g., 

hydrocarbon increases may not be offset against sulfur dioxide 

reductions). 

(c) Emission offsets must meet the baseline limitations of mle 3745-31-24 of 

the Administrative Code, the location limitations of mle 3745-31-25 of 

the Administrative Code, and the offset ratio limitations of mle 

3745-31-26 ofthe Administrative Code. 

(d) Emission offsets are required only for those air pollutants for which the 

increased allowable emissions exceed the significant emission rates. 

(c) Docroasos in actual omissions resulting from tho installation of add-on 

control technology or application of pollution prevention measures that 

wore roliod upon in designating an omissions unit as a clean unit or a 

project as a PCP cannot bo used a3 offsets. 

(f) Docroasos in actual omissions occurring at a cloan unit cannot bo used as 

offsets, except as provided in paragraphs (A)(8) and (A)(10) of mlo 

3745 31 30 of tho Administrative Codo. Similarly, docroasos in actual 

omissions occurring at a PCP cannot bo used as offsets, except as 

provided—in—paragraph—(B)(6)(d)—of—Fttte—3745-31 31—ef—fee 

Administrative Code. 

(g)(e) The total tonnage of increased emissions, in tons per year, resulting 

from a major modification that must be offset in accordance with 

Section 173 of the Clean Air Act shall be determined by summing the 

difference between the allowable emissions after the major 

modification and the actual emissions before the modification for each 

emissions unit. 

(4) Net air quality benefit 
3745-31-22 3 

The emission offsets must provide a positive net air quality benefit in the 

affected area pursuant to mle 3745-31-25 of the Administrative Code. 

Atmospheric dispersion modeling is not necessary for VOCs and nitrogen 

oxides in ozone nonattainment areas. Instead, complying with the 

requirements of paragraphs (A)(1) to (A)(3) of this mle and mle 3745-31-25 

of the Administrative Code will be considered adequate to meet this 

condition. 

(B) Exemptions from certain conditions 

(1) Fuel switch exemption 

The director may exempt the following major stationary sources or major 

modifications from the limitation required under paragraph (D)(1) of mle 

3745-31-23 of the Administrative Code or the emission offsets required under 

paragraphs (A)(3) and (A)(4) of this mle: 

Major stationary sources that must switch fuels due to lack of adequate fixel 

supplies or where a major stationary source is required to be modified as a 

result of new United States environmental protection agency regulations and 

no exemption from such regulation is available to the major stationary source. 

Such exemptions may be granted only if: 

(a) The applicant demonstrates that it made its best efforts to obtain sufficient 

emission offsets and that such efforts were unsuccessful; 

(b) The applicant has secured all available emission offsets; and 

(c) The applicant will continue to seek the necessary emission offsets and 

apply them when they become available. 

(2) Temporary stationary sources/portable facilities/constmction emissions 

The director may exempt the following major stationary sources or major 

modifications from the emission offsets required under paragraphs (A)(3) and 

(A)(4) ofthis mle: 

(a) Portable facilities that will be relocated outside of the nonattainment area 

after a short period of time; and 

(b) Emissions generated from the construction phase of a new major 
3745-31-22 

stationary source. 
3745-31-22 5 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 4/12/96, 10/28/04, 12/01/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see "Incorporation by Reference" at the end of rale 3745-31-01 of 

the Administrative Code.] 

(A) Development of model general permits 

The director may develop a model general permit for any category of air 

contaminant sources, or specific portions of any category of air contaminant 

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 emission limitations, monitoring 

requirements, federal standards, or state rales. 

(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 to install 

and/or operate the permitted air contaminant source(s). At a minimum, these 

terms and conditions shall include: 

(a) Applicable emission 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 opportunity for public comment on the form and 

content of a model general permit as follows: 

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3745-31-29 2 

(a) The director shall announce availability for comment on draft model 

general permits under development containing the requirements in 

paragraph (A)(2) of this mle, providing a minimum of thirty days 

comment period. The 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 five years from the 

date of announcement ofthe 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 mle. 

(b) An y person may make a written request for the 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 rale. 

(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 rale, except administrative modifications may occur without 

following the rales of procedure contained within this chapter. Existing final 

general permits are not affected by changes to the model general permit. 

(B) General permit-to-install and general PTIO applicability 

A general permit-to-install or general PTIO 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 rale; 
3745-31-29 3 

(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 ofthe Clean Air Act; and 

(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 mles 3745-31-10 to 3745-31-27 ofthe Administrative 

Code. 

(C) General permit application 

(1) Owners or operators of air contaminant sources requesting a general 

permit-to-install or general PTIO 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 permit-to-install or general PTIO. 

(2) The application submitted shall comply with the requirements listed under mle 

3745-31-04 of the Administrative Code except that the director may provide, 

in the model general permit-to-install or model general PTIO. for applications 

that deviate from the requirements of mle 3745-31-04 ofthe Administrative 

Code, provided that such application includes all information necessary to 

determine qualification for, and assure compliance with, the general 

permit-to-install or general PTIO. 

(D) General permit processing 

The director may issue a general permit-to-install or general PTIO for any model 

general permit developed in accordance with paragraph (A) of this mle for a new 

air contaminant source(s) or modification(s) of an existing air contaminant 

source(s) as follows: 

(1) The director, at his/her discretion, shall issue either a draft action or a final 

action within forty-five days of receipt of a complete application. The director 

does not need to meet the forty-five day deadline for applications from air 

contaminant source(s) that do not require authorization to construct because 

the air contaminant source(s) currently holds a permit covering the source(s) 

that would be covered under the general permit-to-install or general PTIO. 
3745-31-29 4 

(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-install or general PTIO 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-install or general PTIO. The director shall publish 

notice in a newspaper of general circulation in each county in which the 

air contaminant source(s) would be 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-to-install or general PTIO. 

(3) The director may require any applicant applying for a general permit-to-install 

or general PTIO 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-install or general PTIO. 

(4) Authorization to construct under the general permit-to-install or general PTIO 

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 final general 

permit-to-install or general PTIO has been changed per the procedures in 

paragraph (A)(3) of this mle, then the director can issue revised general 

permits-to-install or general PTIOs with prior notice to the affected owner or 

operator following the issuance procedures defined in paragraph (D)(2) of 

this mle. 

(E) Start constmction limitation 

The owner or operator of a new or modified air contaminant source(s) that qualifies 

for a general permit-to-install or general PTIO may not begin actual constmction of 

the new or modified air contaminant source(s) until the air contaminant source(s)!s 

owner or operator has been granted the authorization required by the director under 

paragraph (D)(4) of this mle. 

(F) Modification and/or replacement of equipment 
3745-31-29 5 

(1) If the owner or operator of the air contaminant source covered by a general 

permit-to-install or general PTIO wishes to replace the air contaminant 

source, then the owner or operator must apply for and obtain either a general 

permit-to-install. general PTIO. or an individual permit-to-install. or an 

individual PTIO prior to beginning actual constmction. 

(2) If the owner or operator of the air contaminant source covered by a general 

permit-to-install or general PTIO wishes to modify the air contaminant source 

(per mle 3745-31-01 of the Administrative Code), then the owner or operator 

must apply for and obtain either a general permit-to-install. general PTIO. ef 

an individual permit-to-instalL or individual PTIO prior to beginning actual 

constmction. 

(3) If the owner or operator of the air contaminant source covered by a general 

permit-to-install or general PTIO wishes to administratively modify the air 

contaminant source, then the owner or operator must submit a request to the 

director, with supporting documentation, for that request. 

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

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

(G)(FQ General permit termination 

(1) Any owner or operator who was issued a general permit-to-install or general 

PTIO may request to be excluded from the coverage of the general 

permit-to-install or general PTIO by applying for an individual permit^ ef 

alternative general permit-to-install. or alternative general PTIO. The owner 

or operator shall submit an application with reasons supporting the request. If 

the director issues an individual permit^ ef alternative general 

permit-to-install, or alternative general PTIO the applicability of the general 

permit-to-install or general PTIO to the individual permittee is automatically 

terminated on the effective date of the individual permit, ef alternative 

general permit-to-install. or alternative general PTIO. 

(2) The director may revoke a general permit-to-install or general PTIO per mle 

3745-31-07 ofthe Administrative Code. 

(H)(1) Enforcement action for failure to qualify or comply 

A n air contaminant source(s)'s owner or operator who requests and is granted 

authority to install under a general permit-to-install or general PTIO shall be 

subject to enforcement action for installation without a permit if the air contaminant 
3745-31-29 6 

source(s) is later determined not to qualify for the conditions and terms of the 

general permit-to-install or general PTIO. 
3745-31-29 7 

Replaces: 3745-35-08 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(F), 3704.03(G) 

3704.03(G), 3704.03(F), 3704.03(A) 

10/17/03, 11/3/06, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-30 Clean unitReserved. 

(A) Clean unit provisions for omissions units that aro subject to BAC T or LAE R 

Tho owner or operator of a major stationary source has tho following option of 

using the clean unit test to determine whether emission increases at a clean unit aro 

part of a NSR project that is a major modification according to tho provisions in 

paragraph (A) of this mle. 

(1) Applicability 

Tho provisions of paragraph (A) of this mle apply to any omissions unit for 

which tho diroctor has issuod a nonattainment NSR permit or a PSD permit 

within the past ton years. 

(2) General provisions for clean units 

Tho provisions undor this paragraph apply to a cloan unit. 

(a) Any NSR project for which tho owner or operator begins actual 

constmction aftor tho effective date of the cloan unit designation (as 

determined in accordance with paragraph (A)(4) of this mle) and before 

tho expiration dato (as dotorminod in accordance with paragraph (A)(5) 

of this mle) will bo considorod to have occurred while tho omissions 

unit was a cloan unit. 

(b) If a NSR project at a cloan unit doos not cause tho nood for a change in tho 

omission limitations or work practice roquiromonts in the permit for tho 

unit that wore adopted in conjunction with BAC T or LAE R and tho 

N SR project would not altor any physical or operational charactoristics 

that formed tho basis for tho BAC T or LAE R dotormination as specified 

in paragraph (A)(6)(d) of this rule, the omissions unit remains a clean 

unit. 

(c) If a NSR project causes tho nood for a change in tho omission limitations 

or work practice requirements in tho permit for tho unit that wore 

adopted in conjunction with BAC T or LAE R or tho NSR project would 

altor any physical or operational charactoristics that formed tho basis for 

tho BAC T or LAE R dotormination as specified in paragraph (A)(6)(d) 

of this rule, then tho omissions unit losos its designation as a cloan unit 

upon issuance of tho necessary permit revisions (unless tho unit 

roqualifios as a cloan unit pursuant to paragraph (A)(3)(c) of this mlo). 

If tho owner or operator begins actual constmction on the NSR project 

without first applying to revise tho omissions unit's permit, tho cloan 

unit designation onds immediately prior to tho time when actual 

constmction begins. 

(d) A NSR project that causes an omissions unit to lose its designation as a 

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3745-31-30 2 

cloan unit i3 3ubjoct to tho applicability rcquircmonts of paragraphs 

(III)(4)(a) to (III)(4)(b) and paragraph (III)(4)(d) of rule 3715 31 01 of 

tho Administrative Codo as if tho omissions unit is not a cloan unit. 

(o) Certain omissions units with PSD permits 

For emissions units that moot tho roquiromonts undor this paragraph, tho 

BAC T level of emission reductions and/or work practice roquiromonts 

shall satisfy tho requirement for LAE R in mooting the roquiromonts for 

cloan units undor paragraphs (A)(3) to (A)(8) of this mlo. For those 

omissions units, all roquiromonts for the LAE R dotormination undor 

paragraphs (A)(2)(b) and (A)(2)(c) of thi3 mlo 3hall also apply to tho 

BAC T permit terms and conditions. In addition, tho roquiromonts of 

paragraph (A)(7)(a)(ii) of this mlo do not apply to omissions units that 

qualify for cloan unit 3tatu3 undor paragraph (A)(2)(c) of thi3 mlo. 

(i) Tho omissions unit must have received a PSD permit within the last 

ton years and such permit must roquiro tho omissions unit to 

comply with BACT . 

(ii) Tho omissions unit mu3t bo located in an area that was redesignated 

as nonattainmont for tho relevant pollutant(s) aftor issuance of tho 

PSD permit and before October 28, 2004. 

(3) Qualifying or ro qualifying to uso tho cloan unit applicability test 

A n omissions unit automatically qualifies as a cloan unit whon the unit moot3 

tho criteria in paragraphs (A)(3)(a) and (A)(3)(b) of this mlo. Aftor tho 

original clean unit dosignation expires in accordanco with paragraph (A)(5) of 

thi3 mlo or i3 lo3t pursuant to paragraph (A)(2)(c) of thi3 mlo, 3uch emissions 

unit may ro qualify a3 a cloan unit undor either paragraph (A)(3)(c) of this 

mlo, or undor tho cloan unit provisions in paragraph (B) of this mlo. To 

re qualify as a clean unit undor paragraph (A)(3)(c) of thi3 mlo, the emissions 

unit must obtain a now nonattainmont NSR permit or a PSD permit and moot 

all tho criteria in paragraph (A)(3)(c) of this mlo. Tho cloan unit dosignation 

applies individually for each pollutant omitted by the omissions unit. 

(a) Permitting requirement 

Tho omissions unit must havo received a nonattainmont NSR permit or 

a PSD permit within the pa3t ton years. Tho ownor or operator mu3t 

maintain and bo able to provide information that would demonstrate 

that this permitting requirement is mot. 

(b) Qualifying air pollution control technologies 

A ir pollutant omissions from tho omissions unit must bo roducod 
3745-31-30 3 

through tho use of an air pollution control technology (which includes 

pollution prevention or work practices) that moots both tho following 

requirements undor this paragraph. 

(i) Tho control technology achieves tho BAC T or LAE R level of 

omission reductions—as—determined through issuance—of a 

nonattainmont NS R permit or a PSD permit within tho past ton 

years. Howrovor, the omissions unit is not eligible for cloan unit 

dosignation if tho LAE R or BAC T dotormination resulted in no 

roquiromont to reduce omissions bolow tho level of a standard, 

uncontrolled, new omissions unit of tho same typo. 

(ii) Tho ownor or operator made an investment to install tho control 

technology. For tho purpose of this dotormination, an invostmont 

includes expenses to research tho application of a pollution 

prevention technique to tho omissions unit or oxpensos to apply a 

pollution prevention technique to an omissions unit. 

(c) Re-qualifying for tho clean unit dosignation 

Tho emissions unit must obtain a now nonattainmont NSR permit or a 

PSD permit that requires complianco with the current-day LAE R or 

BACT , and tho omissions unit must moot tho roquiromonts in 

paragraphs (A)(3)(a) and (A)(3)(b) of this mlo. 

(4) Effective dato ofthe cloan unit dosignation 

Tho effective date of an omissions unit's cloan unit dosignation (that is, tho 

dato on which tho ownor or operator may bogin to uso tho cloan unit tost to 

determine whether a NSR project at tho omissions unit is a major 

modification) is determined undor paragraph (A)(4) of this mlo. 

(a) Original cloan unit dosignation, and omissions units that ro qualify as 

cloan units by implementing a now control technology to moot 

current day BAC T or LAE R 

Tho effective dato is tho dato tho omissions unit's air pollution control 

technology is placed into service, or throe yoars after tho issuance dato 

of tho nonattainmont NS R permit or a PSD permit, whichever is earlier, 

but no soonor than October 28, 2004. 

(b) Emissions units that ro-qualify for tho clean unit dosignation using an 

existing control technology 

Tho effective dato is tho dato the now nonattainmont NSR permit or 

PSD permit is issued. 
3745-31-30 4 

(5) Cloan unit expiration 

A n omissions unit's cloan unit designation expires (that is, tho dato on which 

tho ownor or operator may no longer uso tho cloan unit test to determine 

whether a NSR project affecting tho emissions unit i3, or is part of, a major 

modification) according to tho applicable paragraph (A)(5)(a) or (A)(5)(b) of 

this mlo. 

(a) Original clean unit designation, and omissions units that re- qualify by 

implementing now control technology to moot current day BAC T or 

LAE R 

For any omissions unit that automatically qualifies as a clean unit undor 

paragraphs (A)(3)(a) and (A)(3)(b) of this mlo or ro qualifies by 

implomonting now control technology to moot current day BAC T or 

LAE R undor paragraph (A)(3)(c) of this mlo, tho cloan unit dosignation 

expires ton years aftor tho offoctivo dato, or the date tho equipment wont 

into sor\ico, whichever is earlier; or, it expires at any timo tho ownor or 

operator fail3 to comply with tho provisions for maintaining cloan unit 

dosignation in paragraph (A)(7) of this mlo. 

(b) Emissions units that re-qualify for tho cloan unit dosignation using an 

existing control technology 

For any omissions unit that ro qualifies as a cloan unit under paragraph 

(A)(3)(c) of this mlo, tho cloan unit designation oxpirc3 ton years aftor 

tho offoctivo dato; or, it expires any timo the ownor or operator fails to 

comply with tho provisions for maintaining tho cloan unit dosignation in 

paragraph (A)(7) of this mlo. 

(6) Required Title V permit content for a cloan unit 

Aftor tho offoctivo dato of tho cloan unit dosignation, and in accordanco with 

tho provisions of tho Title V permit program undor Chapter 3745-77 ofthe 

Administrative Codo, but no lator than when the Title V permit is renewed, 

tho Titlo V permit for tho major stationary sourco must include tho following 

torm3 and conditions undor paragraph (A)(6) of thi3 mlo related to tho cloan 

(a) A statement indicating that tho omissions unit qualifies as a cloan unit and 

identifying the pollutant(s) for which thi3 cloan unit designation applio3. 

(b) Tho offoctivo dato ofthe cloan unit dosignation. 

If this dato is not known when tho cloan unit dosignation is initially 

recorded in the Titlo V permit (e.g., because tho air pollution control 
3745-31-30 

technology is not yot in 3orvico), tho permit must describe tho ovont that 

will determine tho offoctivo dato (e.g., tho dato the control technology is 

placed into service). Onco tho offoctivo dato is determined, the ownor or 

operator must notify tho diroctor of tho exact dato. This specific 

effective date must bo addod to tho source's Titlo V permit at tho first 

opportunity, such as a modification, revision, rooponing, or renewal of 

tho Titlo V permit for any reason, whichever comes first, but in no case 

later than tho next renewal. 

(c) Tho expiration dato of tho cloan unit dosignation. 

If this dato is not known whon tho cloan unit designation i3 initially 

recorded into tho Titlo V permit (e.g., because tho air pollution control 

technology is not yot in service), then tho permit must describe the 

event that will determine tho expiration dato (e.g., the dato tho control 

technology is placed into service). Onco tho expiration dato i3 

determined, the ownor or operator must notify tho diroctor of tho exact 

date. Tho expiration dato mu3t be addod to tho source's Titlo V permit at 

tho first opportunity, such as a modification, revision, rooponing, or 

renewal of the Title V permit for any reason, whichever comos first, but 

in no ca3C later than tho next renewal. 

(d) Al l omission limitations and work practice roquiromonts adopted in 

conjunction with tho BAC T or LAER , and any physical or operational 

characteristics that formed tho ba3i3—for tho—BACT—or LAE R 

dotormination—(e^—possibly—fee—omissions—unit's—capacity—er 

throughput). 

(o) Monitoring, recordkeeping, and reporting roquiromonts as necessary to 

demonstrate that tho omissions unit continues to moot tho criteria for 

maintaining tho clean unit dosignation. (Soc paragraph (A)(7) of thi3 

mlo.) 

(f) Torms reflecting tho ownor or operator's duties to maintain tho cloan unit 

designation and tho con3oquonccs of failing to do 30, a3 presented in 

paragraph (A)(7) of this mlo. 

(7) Maintaining tho cloan unit dosignation 

To maintain tho clean unit designation, tho ownor or operator must conform 

to all tho rostrictions listed undor paragraph (A)(7) of this mlo. Paragraph 

(A)(7) of this mlo applies independently to oach pollutant for which tho 

omissions unit ha3 tho cloan unit dosignation. That i3, failing to conform to 

the restrictions for ono pollutant affocts cloan unit dosignation only for that 

pollutant. 
3745-31-30 6 

(a) Tho cloan unit must comply with the omission limitation^) and/or work 

practico roquiromonts adopted in conjunction with tho LAE R or BAC T 

that is recorded in tho nonattainmont NSR pormit or PSD permit, and 

subsequently reflected in tho Title V permit. 

(i) Tho ownor or operator may not mako a physical change in or change 

in tho method of operation of tho clean unit that causes tho 

omissions unit to function in a manner that is inconsistent with tho 

physical or operational charactoristics that formed the basis for 

tho BAC T or LAE R dotormination (e.g., possibly tho omissions 

unit's capacity or throughput). 

(ii) Tho cloan unit may not omit abovo a lovol that has boon offset. 

(b) Tho cloan unit must comply with any terms and conditions in tho Titlo V 

pormit related to tho unit's cloan unit designation. 

(c) Tho clean unit must continue to control omissions using tho specific air 

pollution control technology that was tho basis for its cloan unit 

designation. If tho omissions unit or control technology is replaced, thon 

the cloan unit dosignation ends. 

(8) Offsets and netting at cloan units 

Emissions changes that occur at a cloan unit must not bo included in 

calculating a significant not omissions increase (that is, must not be used in a 

netting analysis), or bo used for generating offsot3 unless such use occurs 

boforo tho offoctivo dato of the clean unit dosignation, or aftor tho cloan unit 

dosignation expires; or, unless tho omissions unit reduces omissions below tho 

lovol that qualified tho unit a3 a cloan unit. However, if tho cloan unit roduco3 

omissions bolow tho lovol that qualified tho unit as a cloan unit, thon, tho 

ownor or operator may gonorato a credit for tho difforonco between tho lovol 

that qualified tho unit a3 a cloan unit and tho now cmi33ion limitation if 3uch 

reductions aro surplus, quantifiable, and permanent. For purposes of 

generating offsets, tho reductions must abo bo federally onforcoablc. For 

purposes of determining creditable not cmi33ion3 incroa303 and docroasos, tho 

reductions must also bo onforcoablc as a practical matter. 

(9) Effect of rodosignation on tho cloan unit dosignation 

Tho cloan unit designation of an emissions unit i3 not affected by 

rodosignation of tho attainment status of tho aroa in which it is locatod. That 

is, if a cloan unit is locatod in an attainmont aroa and the aroa is redesignated 

to nonattainmont, its clean unit designation i3 not affoctcd. Similarly, 

rodosignation from nonattainmont to attainmont doos not affoct the cloan unit 

dosignation. However, if an existing cloan unit dosignation expires, it must 
3745-31-30 7 

re-qualify undor the requirements that aro cuirontly applicable in the aroa. 

(B) Cloan unit provisions for omissions units that achiovo an omission limitation 

comparable to BAC T or LAE R 

Tho ownor or operator of a major stationary sourco ha3 the option of using tho clean 

unit tost to dotormino whothor omissions incroasos at a cloan unit aro part of a NSR 

project that is a major modification according to tho provisions undor paragraph (B) 

of this mlo. 

(1) Applicability 

Tho provisions of paragraph (B) of this mlo apply to omissions units which 

do not qualify as cloan units undor paragraph (A) of this rule, but which aro 

achieving a lovol of omission control comparable to BAC T or LAER , as 

determined by the diroctor in accordanco with paragraph (B) of this mlo. 

(2) General provisions for cloan units 

Tho provisions undor paragraph (B)(2) of this mlo apply to a cloan unit 

(designated undor this paragraph (B) ofthis mlo). 

(a) Any NSR project for which tho ownor or operator begins actual 

constmction aftor tho offoctivo dato of tho clean unit dosignation (as 

determined in accordanco with paragraph (B)(5) of this mlo) and before 

the expiration dato (as determined in accordanco with paragraph (B)(6) 

of this mlo) will bo considorod to have occurred while tho omissions 

unit was a cloan unit. 

(b) If a NSR project at a cloan unit does not causo tho nood for a change in the 

omission limitations or work practice roquiromonts in tho pormit for tho 

unit that havo boon determined (pursuant to paragraph (B)(4) of thi3 

mlo) to bo comparable to BAC T or LAER , and tho NSR project would 

not altor any physical or operational charactoristics that formed tho 

ba3i3 for determining that tho emissions unit's control technology 

achieves a lovol of omission control comparable to BAC T or LAE R as 

specified in paragraph (B)(8)(d) of this mlo, tho omissions unit remains 

a clean unit. 

(c) If a NSR project causes tho nood for a change in tho omission limitations 

or work practice roquiromonts in tho pormit for tho unit that havo boon 

determined (pursuant to paragraph (B)(4) of thi3 mlo) to bo comparable 

to BAC T or LAER , or tho NSR project w

r

ould altor any physical or 

operational charactoristics that formed tho basis for determining that tho 

omissions unit's control technology achieves a level of omissions 

control comparable to BAC T or LAE R as specified in paragraph 
3745-31-30 8 

(B)(8)(d) of this rule, thon tho omissions unit loses it3 dosignation as a 

cloan unit upon issuance of tho noco3sary pormit revisions (unless tho 

unit ro qualifies a3 a cloan unit pursuant to paragraph (B)(3)(d) of this 

mlo). If the ownor or operator begins actual constmction on tho NSR 

project without first applying to revise tho omissions unit's permit, tho 

cloan unit dosignation onds immediately prior to tho timo whon actual 

constmction bogin3. 

(d) A NSR project that causes an omissions unit to loso its designation as a 

cloan unit is subject to tho applicability roquiromonts of paragraphs 

(A)(1) to (A)(4) and paragraph (A)(6) of thi3 mlo a3 if the emissions 

unit wore never a cloan unit. 

(3) Qualifying or ro qualifying to uso tho cloan unit applicability1 tost 

A n omi33ion3 unit qualifies a3 a cloan unit whon the unit moots tho criteria in 

paragraphs (B)(3)(a) to (B)(3)(c) of this mlo. Aftor tho original cloan unit 

dosignation expires in accordanco with paragraph (B)(6) of this mlo or is lost 

pursuant to paragraph (B)(2)(c) of thi3 mlo, 3uch omi33ion3 unit may 

ro qualify as a cloan unit undor either paragraph (B)(3)(d) of this mlo, or 

undor the cloan unit provisions in paragraph (A) of this mlo. To ro qualify as 

a cloan unit undor paragraph (B)(3)(d) of this mlo, the emissions unit mu3t 

obtain a now pormit issuod pursuant to tho roquiromonts in paragraphs (B)(7) 

and (B)(8) of this mlo and moot all tho criteria in paragraph (B)(3)(d) of this 

mlo. The diroctor will mako a separate cloan unit dosignation for each 

pollutant omitted by tho emissions unit for which tho emissions unit qualifies 

as a cloan unit. 

(a) Qualifying air pollution control technologies 

A ir pollutant omissions from tho omissions unit must be reduced 

through tho U3c of air pollution control technology (which includes 

pollution prevention or work practices) that moots both tho following 

roquiromonts under paragraph (B)(3)(a) of this mlo. 

(i) Tho ownor or operator ha3 demonstrated that tho omissions unit!3 

control technology is comparable to BAC T or LAE R according to 

tho roquiromonts of paragraph (B)(4) of this mlo. However, tho 

omi33ion3 unit i3 not eligible for tho clean unit designation if its 

omissions aro not reduced bolow tho lovol of a standard, 

uncontrolled omissions unit of tho same typo (e.g., if tho BAC T or 

LAE R determinations to which it i3 compared have resulted in a 

dotormination that no control measures aro required). 

(ii) Tho ownor or operator mado an investment to install tho control 

technology. 
3745-31-30 9 

For tho purpose of this dotormination, an invostmcnt includes 

expenses to research tho application of a pollution prevention 

technique to tho omissions unit or to rotool tho unit to apply a 

pollution prevention technique. 

(b) Impact of omissions from tho unit 

Tho diroctor must dotormino that the allowable omissions from tho 

omissions unit will not causo or contribute to a violation of any national 

ambiont air qualify standard or PSD increment, or adversely impact an 

air qualify related value (such as visibility) that has boon identified for a 

federal Class I aroa by a federal land manager and for which 

information is available to tho general public. 

(c) Date of installation 

A n omissions unit may qualify as a clean unit oven if tho control 

tochnology, on which tho cloan unit dosignation is basod, was installed 

before October 28, 2004. However, for 3uch omissions units, tho ownor 

or operator must apply for tho clean unit dosignation within two years 

aftor October 28, 2004. For technologies installed aftor October 28, 

2004, the ownor or operator must apply for tho clean unit dosignation at 

tho timo tho control tochnology is installed. 

(d) Ro qualifying as a cloan unit 

Tho emissions unit must obtain a now permit (pursuant to roquiromonts 

in paragraphs (B)(7) and (B)(8) of this mlo) that demonstrates that tho 

omissions unit's control tochnology is achieving a lovol of omission 

control comparablo to curront-day BAC T or LAER , and tho emissions 

unit must moot tho roquiromonts in paragraphs (B)(3)(a)(i)—and 

(B)(3)(b) ofthis mlo. 

(4) Demonstrating control effectiveness comparablo to BAC T or LAE R 

Tho ownor or operator may domonstrato that the omissions unit's control 

tochnology is comparablo to BAC T or LAE R for purposes of paragraph 

(B)(3)(a) of thi3 mlo according to either paragraph (B)(4)(a) or (B)(4)(b) of 

this mlo. Paragraph (B)(4)(c) of this mlo specifics the timo for making this 

comparison. 

(a) Comparison to previous BAC T or LAE R determinations 

United States onvironmontal protection agoncy maintains an on line 

database of previous determinations of reasonably available control 

tochnology (RACT), BACT , and LAE R in tho RACT/BACTYLAER 
3745-31-30 

clearinghouse (RBLC). Tho omissions unit's control tochnology i3 

presumed to bo comparablo to LAE R if it achieves an omission 

limitation that is at loast as stringent as any ono of tho five 

bc3t-porforming similar sources for which a LAE R dotormination has 

boon mado within tho preceding fivo years, and for which information 

has boon ontorod into tho RBLC . Tho omissions unit's control 

tochnology is presumed to bo comparablo to BAC T if it achieves an 

emission limitation that is equal to or better than tho average of tho 

omission limitations achieved by all tho sources for which a BAC T or 

LAE R determination has boon mado within tho preceding fivo years and 

entered into tho RBLC , and for which it is technically feasible to apply 

tho BAC T or LAE R control tochnology to tho omissions unit. Tho 

diroctor shall also compare this presumption to any additional BAC T or 

LAE R determinations of which it is awaro, and shall consider any 

information on achieved in practico pollution control technologies 

providod during tho public commont period, to dotormino whcthor any 

presumptive dotormination that tho control tochnology is comparablo to 

BAC T or LAE R is correct. 

(b) The 3ubstantially-a3-offoctivo tost 

Tho ownor or operator may demonstrate that tho omissions unit'3 

control tochnology is substantially as offoctivo as BAC T or LAER . In 

addition, any othor person may present evidence related to whether tho 

control tochnology is substantially as offoctivo as BAC T or LAE R 

during tho public participation process required undor paragraph (B)(7) 

of thi3 mlo. The diroctor 3hall consider 3uch evidence on a ca30-by-caso 

basis and dotormino whothor tho omissions unit's air pollution control 

tochnology is substantially as offoctivo as BAC T or LAER . 

(c) Time of comparison 

(i) Emissions units with control technologies that aro installed before 

October 28, 2004 

Tho ownor or operator of an omissions unit whoso control 

tochnology is installed before October 28, 2004 may, at its option, 

either demonstrate that tho cmi33ion limitation achieved by tho 

omissions unit's control tochnology is comparablo to tho BAC T or 

LAE R roquiromonts—that applied—at the—time—fee—control 

tochnology wa3 installed, or demonstrate that the omission 

limitation achieved by tho omissions unit's control tochnology is 

comparablo to current day BAC T or LAE R roquiromonts. The 

expiration dato of tho cloan unit dosignation will dopond on which 

option tho ownor or operator usos, as specified in paragraph 
3745-31-30 11 

(B)(6) ofthis rulo. 

(ii) Emissions units with control technologies that aro installed aftor 

October 28, 2004 

Tho owner or operator must demonstrate that the omission 

limitation achieved by tho emissions unit's control tochnology is 

comparablo to current day BAC T or LAE R roquiromonts. 

(5) Effective dato of tho clean unit dosignation 

Tho offoctivo dato of an omissions unit's cloan unit designation (that is, tho 

dato on which tho ownor or operator may bogin to uso the cloan unit tc3t to 

dotormino whothor a NSR project involving tho omissions unit is a major 

modification) i3 tho dato that tho pormit required by paragraph (B)(7) of this 

mlo is issued or tho date that tho emissions unit's air pollution control 

tochnology is placed into service, whichever is lator. 

(6) Cloan unit expiration 

If tho ownor or operator demonstrates that the omission limitation achieved 

by tho omissions unit's control tochnology is comparablo to tho BAC T or 

LAE R roquiromonts that applied at tho timo tho control tochnology was 

installed, thon tho cloan unit dosignation oxpiros ton yoars from tho dato that 

tho control tochnology was installed. For all othor omissions units, tho cloan 

unit dosignation oxpiros ton yoars from tho offoctivo dato of tho cloan unit 

dosignation, as determined according to paragraph (B)(5) of thi3 mlo. In 

addition, for all omissions units, tho cloan unit dosignation expires any timo 

tho ownor or operator fails to comply with tho provisions for maintaining tho 

cloan unit designation in paragraph (B)(9) of this mlo. 

(7) Procodurcs for designating omissions units as cloan units 

Tho diroctor shall designate an omi33ions unit a cloan unit only by issuing a 

permit that conforms with tho roquiromonts of thi3 chapter including 

roquiromonts for public notice of tho proposed cloan unit dosignation and 

opportunity—fof—public—commont.—Such—pormit—must—alee—moot—fee 

requirements in paragraph (B)(8) of thi3 mlo. 

(8) Required pormit content 

Tho pormit required by paragraph (B)(7) of this mlo shall include tho terms 

and conditions 30t forth undor paragraph (B)(8) of thi3 mlo. Such torm3 and 

conditions shall bo incorporated into tho major stationary source's Titlo V 

pormit in accordanco with tho provisions of tho Chapter 3745 77 of tho 

Administrativo Codo, but no lator than when tho Title V pormit i3 rcnowod. 
3745-31-30 12 

(a) A 3tatomont indicating that tho omissions unit qualifies as a cloan unit and 

identifying tho pollutant(s) for which this dosignation applies. 

(b) Tho offoctivo dato of tho cloan unit designation 

If this dato is not known whon the diroctor issues tho permit (o.g., 

because tho air pollution control tochnology i3 not yot in service), then 

tho pormit must describe tho event that will dotormino the offoctivo dato 

(e.g., tho dato the control tochnology i3 placed into 3orvicc). Once tho 

offoctivo dato is known, thon tho ownor or operator must notify tho 

diroctor of tho exact dato. This specific offoctivo dato must bo addod to 

tho 3ourcof3 Titlo V pormit at the first opportunity, 3uch as a 

modification, revision, rooponing, or renewal of tho Titlo V pormit for 

any reason, whichever comos first, but in no caso lator than tho next 

renewal. 

(c) Tho expiration dato of tho cloan unit dosignation 

If this dato i3 not known w

r

hon tho diroctor is3uc3 tho pormit (e.g., 

because tho air pollution control tochnology is not yot in service), thon 

tho pormit must describe tho event that will dotormino tho expiration 

dato (e.g., tho dato tho control tochnology is placed into 3orvico). Once 

tho expiration dato i3 known, thon the ownor or operator must notify tho 

diroctor of tho exact dato. Tho expiration dato must be addod to tho 

source's Titlo V pormit at the first opportunify, 3uch as a modification, 

revision, rooponing, or ronowral of tho Titlo V pormit for any reason, 

whichever comos first, but in no ca30 lator than tho next renewal. 

(d) Al l emission limitations and work practice roquiromonts adopted in 

conjunction with omission limitations necessary to assure that tho 

control tochnology—continues—te—achiovo—an—omission limitation 

comparablo to BAC T or LAER , and any physical or operational 

charactoristics that formed tho basis for determining that tho omissions 

unit's—control tochnology achieves—a lovol of omission control 

comparablo to BAC T or LAE R (o.g., possibly tho omi33ion3 unit'3 

capacity or throughput). 

(o) Monitoring, recordkeeping, and reporting roquiromonts as necessary to 

demonstrate that tho emissions unit continues to moot tho criteria for 

maintaining its cloan unit dosignation. (Soo paragraph (B)(9) of this 

mlo.) 

(f) Torms roflocting tho ownor or oporator'3 duties to maintain tho clean unit 

designation and tho consoquoncos of failing to do so, as presented in 

paragraph (B)(9) of this mlo. 
3745-31-30 13 

(9) Maintaining cloan unit designation 

To maintain tho cloan unit designation, tho ownor or operator must conform 

to all tho rostrictions listod undor paragraph (B)(9) of this mlo. Paragraph 

(B)(9) of this mlo applies independently to oach pollutant for which tho 

diroctor has designated tho omissions unit a cloan unit. That is, failing to 

conform to tho rostrictions for ono pollutant affocts tho cloan unit dosignation 

only for that pollutant. 

(a) Tho cloan unit must comply with tho emission limitation(s) and/or work 

practice roquiromonts adopted to ensure that tho control tochnology 

continues to achieve omission control comparablo to BAC T or LAER . 

(b) The ownor or operator may not make a physical change in or change in 

tho method of operation of tho cloan unit that causes tho omissions unit 

to function in a manner that is inconsistent with the physical or 

operational charactoristics that formed the basis for tho dotormination 

that tho control tochnology is achieving a lovol of emission control that 

i3 comparablo to BAC T or LAE R (o.g., possibly the omissions unit's 

capacity or throughput). 

(c) Tho cloan unit may not omit above a lovol that ha3 boon offset. 

(d) Tho cloan unit must comply with any torms and conditions in tho Titlo V 

pormit related to tho unit's cloan unit designation. 

(o) The cloan unit must continue to control omi33ion3 using tho specific air 

pollution control tochnology that was tho basis for its cloan unit 

dosignation. If tho emissions unit or control tochnology is replaced, thon 

tho clean unit designation ond3. 

(10) Offsets and netting at cloan units 

Emissions changes that occur at a cloan unit must not bo included in 

calculating a significant net omi33ion3 increase (that i3, mu3t not bo u3od in a 

netting analysis), or bo used for generating offsets, unless such uso occurs 

before October 28, 2004 or aftor the cloan unit dosignation expires; or, unless 

the omissions unit reduces omissions bolow tho lovol that qualified tho unit as 

a cloan unit. However, if tho cloan unit reduces emissions bolow the level that 

qualified tho unit a3 a cloan unit, thon tho ownor or operator may gonorato a 

credit for tho difference botweon the lovol that qualified tho unit as a cloan 

unit and tho omissions unit's now omission limitation if such reductions aro 

surplus, quantifiable, and permanent. For purposes of generating offsets, tho 

reductions must also bo federally onforcoablc. For purposes of determining 

creditable not emissions increases and docroasos, tho reductions must also bo 

onforcoablc as a practical matter. 
3745-31-30 14 

(11) Effect of rodosignation on the clean unit designation 

Tho clean unit dosignation of an omissions unit is not affected by 

rodosignation of tho attainmont status of tho aroa in which it is locatod. That 

i3, if a cloan unit is locatod in an attainmont aroa and tho aroa is rodosignatod 

to nonattainmont, its cloan unit dosignation is not affected. Similarly, 

rodosignation from nonattainmont to attainmont does not affoct the cloan unit 

dosignation. However, if a cloan unit!3 dosignation expires or is lost pursuant 

to paragraphs (A)(2)(c) and (B)(2)(c) of this mlo, it must ro qualify undor tho 

roquiromonts that are currently applicable. 
3745-31-30 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(F) 

3704.03(F), 3704.03(A) 

10/28/04, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-31 Pollution control projcctReserved. 

[Comment: For dates of non regulatory government publications, publications of 

recognized organizations and associations, fodoral rules, and fodoral statutory provisions 

rofcroncod in this mlo, soo the last paragraph of mlo 3745-31-01 of tho Administrativo 

Codo titled "Incorporation by reference."] 

(A) Applicability procedures 

Thi3 mle applies to any ownor or operator undertaking a pollution control project 

(P€P)r 

(B) PCP exclusion procedural roquiromonts 

A ll PCPs must moot tho provisions contained in this mlo. 

(1) Boforo an ownor or operator begins actual constmction of a PCP, tho ownor or 

operator must either submit a notice to tho diroctor if tho project is listed 

undor tho PCP definition found in mlo 3745 31 01 of tho Administrativo 

Codo, or if tho project is not listod under tho PCP definition, thon tho ownor 

or operator mu3t 3ubmit a pormit application and obtain approval to U30 tho 

P CP exclusion from tho diroctor consistent with tho roquiromonts in 

paragraph (B)(5) of this mlo. Regardless of whether tho ownor or operator 

submits a notice or a pormit application, tho project mu3t moot tho 

roquiromonts in paragraph (B)(2) of this mlo, and tho notice or pormit 

application must contain tho information required in paragraph (B)(3) of thi3 

mlo. 

(2) An y NSR project that rolios on tho PCP exclusion must moot tho roquiromonts 

undor this paragraph. 

(a) Environmentally beneficial analysis 

Tho onvironmontal benefit from tho omission reductions of pollutants 

regulated undor tho Cloan Air Act must outweigh the onvironmontal 

detriment of omi33ion3 incroasc3 in pollutants regulated undor tho Cloan 

A ir Act. A statement that a tochnology from a PCP is being used shall 

bo presumed to satisfy this requirement. 

(b) Air qualify analysis 

The omissions incroasos from tho NSR project will not cause or 

contribute to a violation of any national ambiont air qualify standard or 

PSD increment, or adversely impact an air qualify rotated value (3uch a3 

visibility) that has boon identified for a federal Class I aroa by a fodoral 

land manager and for which information is available to tho general 

public. 

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3745-31-31 

(3) Content of notice or permit application 

In tho notice or pormit application sent to the director, tho ownor or oporator 

must include, at a minimum, the information listod under paragraph (B)(3) of 

this mlo. 

(a) A description of tho project. 

(b) Tho potential omissions incroasos and docroasos of any pollutant regulated 

under tho Cloan Air Act and tho projected omissions incroasos and 

docroasos—using—fee—major—modification—methodology—in—mle 

3715 31 01 of tho Administrativo Codo, that will result from tho 

project, and a copy of tho cnvironmontally beneficial analysis required 

by paragraph (B)(2)(a) of this mlo. 

(c) A description of monitoring and recordkeeping, and all othor methods, to 

bo used on an ongoing basis to demonstrate that tho project is 

cnvironmontally beneficial. Methods should bo sufficient to moot tho 

roquiromonts in Chapter 3745-77 of tho Administrativo Codo. 

(d) A certification that tho project will bo designed and operated in a manner 

that is consistent with proper industry and engineering practices, in a 

manner that is consistent with tho cnvironmontally beneficial analysis 

and air qualify analysis required undor paragraph (B)(2) of this mlo, 

with information submitted in tho notice or pormit application, and in 

such a way as to minimize, within tho physical configuration and 

operational standards usually associated with tho omissions control 

dovico or strategy, omissions of collateral pollutants. 

(o) A demonstration that tho PCP will not havo an adverse air qualify impact 

(e.g., modeling, screening lovol modeling results, or a statement that tho 

collateral omissions increase is included within tho parameters usod in 

the most roccnt modeling exorcise) a3 required by paragraph (B)(2)(b) 

of this mlo. A n air qualify impact analysis is not required for any 

pollutant that will not oxporionco a significant omissions increase as a 

result of tho project. 

(4) Notice process for listod projoct3 

For projects listod undor tho PCP definition found in mlo 3745 31 01 of tho 

Administrativo Codo, the ownor or oporator may bogin actual constmction of 

tho project immediately aftor notice i3 sent to tho director. Tho ownor or 

oporator shall respond to any requests by tho diroctor for additional 

information that tho diroctor determines i3 nocc33ary to evaluate tho 

suitability of tho project for tho PCP exclusion. 
3745-31-31 3 

(5) Permit process for unlisted projects 

Before an ownor or oporator may bogin actual constmction of a PCP project 

that i3 not listod under tho PCP definition found in mlo 3745 31 01 of tho 

Administrativo Code, the project must be approvod by tho diroctor and 

recorded in a permit to install or Titlo V pormit. Tho pormit to install shall bo 

issuod as a draft action por Chapter 3745 47 of tho Administrativo Codo. Tho 

Titlo V pormit 3hall bo i33ucd a3 an initial Titlo V or a3 a significant 

modification por Chapter 3745 77 of tho Administrative Codo. 

(6) Operational roquiromonts 

Upon installation of tho PCP, the ownor or oporator must comply with tho 

roquiromonts of paragraphs (B)(6)(a) to (B)(6)(c) ofthis mlo. 

(a) Gonoral duty 

The ownor or oporator must operate tho PCP in a manner consistent 

with proper industry and engineering practices, in a manner that i3 

consistent with tho environmentally beneficial analysis and air qualify 

analysis required undor paragraph (B)(2) of this mlo, with information 

submitted in tho notice or pormit application required by paragraph 

(B)(3) of this mle, and in such a way as to minimizo, within tho 

physical configuration and operational standards usually associated 

with tho omissions control dovico or strategy, omissions of collateral 

pollutants. 

(b) Recordkeeping 

The—ownor—ef—oporator must—maintain—copies—en—site—of tho 

onvironmontally beneficial analysis, the air qualify impacts analysis, 

and monitoring and othor emission records to provo that tho PCP 

operated consistent with tho gonoral duty roquiromonts in paragraph 

(B)(6)(a) ofthis mlo. 

(c) Pormit roquiromonts 

The ownor or oporator must comply with any provisions in tho 

permit-to-install or Titlo V permit related to uso and approval of tho 

PCP exclusion. 

(d) Goncration of omission reduction credits 

Emission reductions created by a PCP shall not bo included in 

calculating a significant not omissions increase, or bo usod for 

generating offsets, unless tho omissions unit further reduces emissions 
3745-31-31 4 

after qualifying for tho PCP exclusion (o.g., talcing an operational 

restriction on tho hours of operation). Tho ownor or oporator may 

gonorato a credit for tho difference between tho lovol of reduction that 

was usod to qualify for tho PCP exclusion and tho now cmi33ion 

limitation if such reductions aro surplus, quantifiable, and permanent. 

For purposes of generating offsets, the reductions must also bo federally 

onforcoablc. For purposes of determining creditable not omissions 

incroasos and decreases, tho reductions must abo bo cnforcoablo as a 

practical matter. 
3745-31-31 5 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F) 

Rule Amplifies: 3704.03(F), 3704.03(A) 

Prior Effective Dates: 10/28/04, 12/01/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see "Incorporation by Reference" at the end of mle 3745-31-01 of 

the Administrative Code.] 

(A) Actuals PA L requirements 

A l l PALs issued under this mle shall meet all applicable provisions in this mle. 

(1) Applicability 

(a) The director may approve the use of an actuals PA L for any existing 

major stationary source (except as provided in paragraph (A)(1)(b) of 

this mle) if the PA L meets the requirements in this mle. The term PA L 

shall mean actuals PA L throughout this mle. 

(b) The director shall not allow an actuals PA L for VO C or nitrogen oxides 

for any major stationary source located in an extreme ozone 

nonattainment area. 

(c) Any physical change in or change in the method of operation of a major 

stationary source that maintains its total source-wide emissions below 

the PA L level, meets the requirements in this mle, and complies with 

the PA L permit: 

(i) Is not a major modification for the PA L pollutant; 

(ii) Does not have to be approved through the nonattainment or PSD 

program; and 

(iii) Is not subject to the provisions in paragraph (B)(DX5) of mle 

3745 31 103745-31-05 of the Administrative Code (restrictions 

on relaxing enforceable emission limitations that the major 

stationary source used to avoid applicability of the nonattainment 

or PSD program). 

(d) Except as provided under paragraph (A)(l)(c)(iii) of this mle, a major 

stationary source shall continue to comply with all applicable federal or 

state requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the 

PAL . 

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3745-31-32 2 

(2) Permit application requirements 

As part of a permit application requesting a PAL , the owner or operator of a 

major stationary source shall submit the following information to the director 

for approval: 

(a) A list of all emissions units at the source designated as PA L small 

emissions unit, PA L significant emissions unit or PA L major emissions 

unit based on their potential to emit. In addition, the owner or operator 

of the source shall indicate which, if any, federal or state applicable 

requirements, emission limitations or work practices apply to each unit. 

(b) Calculations of the baseline actual emissions (with supporting 

documentation). Baseline actual emissions are to include emissions 

associated not only with operation of the unit, but also emissions 

associated with startup, shutdown and malfunction. 

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to 

monthly emissions and annual emissions based on a twelve-month 

rolling total for each month as required by paragraph (A)(12)(a) of this 

rale. 

(3) General requirements for establishing PALs 

(a) The requirements under this paragraph, at a minimum, must be met for 

each PA L at a major stationary source. 

(i) The PA L shall impose an annual emission limitation in tons per 

year, which is enforceable as a practical matter, for the entire 

major stationary source. For each month during the PA L effective 

period after the first twelve months of establishing a PAL , the 

major stationary source owner or operator shall show that the sum 

of the monthly emissions from each emissions unit under the PA L 

for the previous twelve consecutive months is less than the PA L 

(a twelve-month average, rolled monthly). For each month during 

the first eleven months from the PA L effective date, the major 

stationary source owner or operator shall show that the sum of the 

preceding monthly emissions from the PA L effective date for 

each emissions unit under the PA L is less than the PAL . 

(ii) The PA L shall be established in a PA L permit that meets the 
3745-31-32 

requirements in paragraph (A)(4) ofthis mle. 

(iii) The PA L permit shall contain all the requirements of paragraph 

(A)(6) ofthis mle. 

(iv) The PA L shall include fugitive emissions, to the extent 

quantifiable, from all emissions units that emit or have the 

potential to emit the PA L pollutant at the major stationary source. 

(v) Each PA L shall regulate emissions of only one pollutant. 

(vi) Each PA L shall have a PA L effective period of ten years. 

(vii) The owner or operator ofthe major stationary source with a PA L 

shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in paragraphs (A)(ll) to (A)(13) of this 

mle for each emissions unit under the PA L through the PA L 

effective period. 

(b) At no time (during or after the PA L effective period) are emission 

reductions of a PA L pollutant, which occur during the PA L effective 

period, creditable as decreases for purposes of offsets under mle 

3745-31-22 ofthe Administrative Code unless the level ofthe PA L is 

reduced by the amount of such emission reductions and such reductions 

would be creditable in the absence of the PAL . 

(4) PA L permit issuance requirements 

(a) The director shall issue all typographical/calculation error reopenings (as 

described in paragraph (A)(7)(b)(i)(a) of this mle) to PA L permits as 

either draft actions before any final actions, or final actions, as 

described in Chapter 3745-47 of the Administrative Code. 

(b) The director shall issue all PA L permits not otherwise described in 

paragraph (A)(4)(a) of this mle as draft actions before any final actions, 

as described in Chapter 3745-47 ofthe Administrative Code. 

(5) Setting the ten-year actuals PA L level 

(a) Except as provide in paragraph (A)(5)(b) of this mle, the actuals PA L 

level for a major stationary source shall be established as the sum of the 
3745-31-32 4 

baseline actual emissions of the PA L pollutant for each emissions unit 

at the source; plus an amount equal to the applicable significant level 

for the PA L pollutant under mle 3745-31-01 of the Administrative 

Code or under the Clean Air Act, whichever is lower. When 

establishing the actuals PA L level, for a PA L pollutant, only one 

consecutive twenty-four-month period must be used to determine the 

baseline actual emissions for all existing emissions units. However, a 

different consecutive twenty-four-month period may be used for each 

different PA L pollutant. Emissions associated with emissions units that 

were permanently shutdown after this twenty-four-month period must 

be subtracted from the PA L level. Emissions from emissions units on 

which actual constmction began after the twenty-four-month period 

must be added to the PA L level in an amount equal to the potential to 

emit of the units. The director shall specify a reduced PA L level(s) (in 

tons per year) in the PA L permit to become effective on the future 

compliance date(s) of any applicable federal or state regulatory 

requirement(s) that the director is aware of prior to issuance of the PA L 

permit. For instance, if the source owner or operator will be required to 

reduce emissions from industrial boilers in half from baseline emissions 

of sixty parts per million nitrogen oxides to a new mle limit of thirty 

parts per million, then the PA L permit shall contain a future effective 

P A L level that is equal to the current PA L level reduced by half of the 

original baseline emissions of such emissions unit(s). 

(b) For newly constructed emissions units (which do not include 

modifications to existing emissions units) on which actual constmction 

began after the twenty-four-month period, in lieu of adding the baseline 

actual emissions as specified in paragraph (A)(5)(a) of this mle, the 

emissions must be added to the PA L level in an amount equal to the 

potential to emit of the emissions units. 

(6) Contents of the PA L permit 

The PA L permit shall contain, at a minimum, the information under 

paragraph (A)(6) of this mle. 

(a) The PA L pollutant and the applicable source-wide emission limitation in 

tons per year. 

(b) The PA L permit effective date and the expiration date of the PA L (PAL 

effective period). 

(c) Specification in the PA L permit that if a major stationary source owner or 

operator applies to renew a PA L in accordance with paragraph (A)(9) of 
3745-31-32 5 

this rule before the end of the PA L effective period, then the PA L shall 

not expire at the end of the PA L effective period. It shall remain in 

effect until a revised PA L permit is issued by the director. 

(d) A requirement that emission calculations for compliance purposes include 

emissions from startups, shutdowns and malfunctions. 

(e) A requirement that, once the PA L expires, the major stationary source is 

subject to the requirements of paragraph (A)(8) of this mle. 

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a twelve-month rolling total 

for each month as required by paragraph (A)(12)(a) of this mle. 

(g) A requirement that the major stationary source owner or operator monitor 

all emissions units in accordance with the provisions under paragraph 

(A)(ll) ofthis rule. 

(h) A requirement to retain the records required under paragraph (A)(12) of 

this mle on site. Such records may be retained in an electronic format. 

(i) A requirement to submit the reports required under paragraph (A)(13) of 

this mle by the required deadlines. 

(j) Any other requirements that the director deems necessary to implement 

and enforce the PAL . 

(7) PA L effective period and reopening of the PA L permit 

(a) PA L effective period 

A PA L shall have an effective period of ten years. 

(b) Reopening of the PA L permit 

(i) During the PA L effective period, the director shall reopen the PA L 

permit to: 

(a) Correct typographical/calculation errors made in setting the 

P A L or reflect a more accurate determination of emissions 
3745-31-32 6 

used to establish the PAL . 

(b) Reduce the PA L if the owner or operator of the major 

stationary source creates creditable emission reductions for 

use as offsets under mle 3745-31-22 of the Administrative 

Code. 

(c) Revise the PA L to reflect an increase in the PA L as provided 

under paragraph (A)(10) of this mle. 

(ii) The director may reopen the PA L permit for the following: 

(a) Reduce the PA L to reflect newly applicable federal 

requirements (for example, new source performance 

standards) with compliance dates after the PA L effective 

date. 

(b) Reduce the PA L consistent with any other requirement, that is 

enforceable as a practical matter, and that the director may 

impose on the major stationary source. 

(c) Reduce the PA L if the director determines that a reduction is 

necessary to avoid causing or contributing to a national 

ambient air quality standard or PSD increment violation, or 

to an adverse impact on an air quality related value (AQRV) 

that has been identified for a federal Class I area by a 

federal land manager and for which information is available 

to the general public. 

(iii) Except for the permit reopening in paragraph (A)(7)(b)(i)(a) of this 

mle for the correction of typographical/calculation errors that do 

not increase the PA L level, all other reopenings shall be carried 

out in accordance with the public participation requirements of 

paragraph (A)(4) of this mle. 

(8) Expiration of a PA L 

Any PA L that is not renewed in accordance with the procedures in paragraph 

(A)(9) of this mle shall expire at the end of the PA L effective period, and the 

requirements under paragraph (A)(8) of this mle shall apply. 

(a) Each emissions unit (or each group of emissions units) that existed under 
3745-31-32 7 

the PA L shall comply with an allowable emission limitation under a 

revised permit established according to the procedures under this 

paragraph. 

(i) Within the time frame specified for PA L renewals in paragraph 

(A)(9)(b) of this rule, the major stationary source shall submit a 

proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more 

appropriate as decided by the director) by distributing the PA L 

allowable emissions for the major stationary source among each 

of the emissions units that existed under the PAL . If the PA L had 

not yet been adjusted for an applicable requirement that became 

effective during the PA L effective period, as required under 

paragraph (A)(9)(e) of this mle, such distribution shall be made as 

if the PA L had been adjusted. 

(ii) The director shall decide whether and how the PA L allowable 

emissions will be distributed and issue a revised permit 

incorporating allowable limits for each emissions unit, or each 

group of emissions units, as the director determines is 

appropriate. 

(b) Each emissions unit(s) shall comply with the allowable emission 

limitation on a twelve-month rolling basis. The director may approve 

the use of monitoring systems (source testing, emission factors, etc.) 

other than CEMS, CERMS, PEMS or CPMS to demonstrate 

compliance with the allowable emission limitation. 

(c) Until the director issues the revised permit incorporating allowable limits 

for each emissions unit, or each group of emissions units, as required 

under paragraph (A)(8)(a)(i) of this mle, the source shall continue to 

comply with a source-wide, multi-unit emissions cap equivalent to the 

level of the PA L emission limitation. 

(d) An y physical change or change in the method of operation at the major 

stationary source will be subject to the nonattainment or a major NSR 

requirements if such change meets the definition of PA L major 

modification. 

(e) The major stationary source owner or operator shall continue to comply 

with any state or federal applicable requirements (BACT, reasonably 

available control technology (RACT), new source performance 

standard (NSPS), LAE R etc.) that may have applied either during the 
3745-31-32 8 

P A L effective period or prior to the PA L effective period except for 

those emission limitations that had been established pursuant to 

paragraph ffi¥D)(S) of mle 3715 31 103745-31-05 of the 

Administrative Code, but were eliminated by the PA L in accordance 

with the provisions in paragraph (A)(l)(c)(iii) of this mle. 

(9) Renewal of a PA L 

(a) The director shall follow the procedures specified in paragraph (A)(4) of 

this mle in approving any request to renew a PA L for a major stationary 

source, and shall provide both the proposed PA L level and a written 

rationale for the proposed PA L level to the public for review and 

comment. During such public review, any person may propose a PA L 

level for the source for consideration by the director. 

(b) Application deadline 

A major stationary source owner or operator shall submit a timely 

application to the director to request renewal of a PAL . A timely 

application is one that is submitted at least six months prior to, but not 

earlier than eighteen months from, the date of PA L permit expiration. 

This deadline for application submittal is to ensure that the PA L permit 

will not expire before the PA L permit is renewed. If the owner or 

operator of a major stationary source submits a complete application to 

renew the PA L within this time period, then the PA L shall continue to 

be effective until the revised PA L permit with the renewed PA L is 

issued. 

(c) Application requirements 

The application to renew a PA L permit shall contain the information 

required under paragraph (A)(9) of this mle. 

(i) The information required under paragraph (A)(2) ofthis mle. 

(ii) A proposed PA L level. 

(iii) The sum of the potential to emit of all emissions units under the 

P A L (with supporting documentation). 

(iv) An y other information the owner or operator wishes the director to 

consider in determining the appropriate level for renewing the 

PAL . 
3745-31-32 9 

(d) PA L adjustment 

In determining whether and how to adjust the PAL , the director shall 

consider the options outlined in paragraphs (A)(9)(d)(i) and 

(A)(9)(d)(ii) of this mle. However, in no case may any such adjustment 

fail to comply with paragraph (A)(9)(d)(iii) of this rale. 

(i) If the emissions level calculated in accordance with paragraph (A)(5) 

of this mle is equal to or greater than eighty per cent of the PA L 

level, the director may renew the PA L at the same level without 

considering the factors set forth in paragraph (A)(9)(d)(ii) of this 

rale; or 

(ii) The director may set the PA L at a level that he/she determines to be 

more representative of the source's baseline actual emissions, or 

that he/she determines to be appropriate considering air quality 

needs, advances in control technology, anticipated economic 

growth in the area, desire to reward or encourage the source's 

voluntary emission reductions, or other factors as specifically 

identified by the director in a written rationale. 

(iii) Notwithstanding paragraphs (A)(9)(d)(i) and (A)(9)(d)(ii) of this 

rale, 

(a) If the potential to emit of the major stationary source is less 

than the PAL , the director shall adjust the PA L to a level no 

greater than the potential to emit of the source; and 

(b) The director shall not approve a renewed PA L level higher 

than the current PAL , unless the major stationary source has 

complied with the provisions of paragraph (A)(10) of this 

rale. 

(e) If the compliance date for a state or federal requirement that applies to the 

P A L source occurs during the PA L effective period, and if the director 

has not already adjusted for such requirement, the PA L shall be 

adjusted at the time of PA L permit renewal or Title V permit renewal, 

whichever occurs first. 

(10) Increasing a PA L during the PA L effective period 

(a) The director may increase a PA L emission limitation only if the major 
3745-31-32 

stationary source complies with the provisions under this paragraph. 

(i) The owner or operator of the major stationary source shall submit a 

complete application to request an increase in the PA L limit for a 

P A L major modification. Such application shall identify the 

emissions unit(s) contributing to the increase in emissions so as to 

cause the major stationary source's emissions to equal or exceed 

its PAL . 

(ii) As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual 

emissions of the PA L small emissions units, plus the sum of the 

baseline actual emissions of the PA L significant and PA L major 

emissions units assuming application of BAC T equivalent 

controls, plus the sum of the PA L allowable emissions of the new 

or modified emissions unit(s) exceeds the PAL . The level of 

control that would result from BAC T equivalent controls on each 

P A L significant or PA L major emissions unit shall be determined 

by conducting a new BAC T analysis at the time the application is 

submitted, unless the emissions unit is currently required to 

comply with a BAC T or LAE R requirement that was established 

within the preceding ten years. In such a case, the assumed 

control level for that emissions unit shall be equal to the level of 

BAC T or LAE R with which that emissions unit must currently 

comply. 

(iii) The owner or operator obtains a nonattainment NSR permit or PSD 

permit for all emissions unit(s) identified in paragraph 

(A)(10)(a)(i) of this mle, regardless of the magnitude of the 

emissions increase resulting from them (that is, no significant 

levels apply). These emissions unit(s) shall comply with any 

emissions requirements resulting from the major NSR program 

process (for example, LAER/BACT) , even though they have also 

become subject to the PA L or continue to be subject to the PAL . 

(iv) The PA L permit shall require that the increased PA L level shall be 

effective on the day any emissions unit that is part of the PA L 

major modification becomes operational and begins to emit the 

P A E pollutant. 

(b) The director shall calculate the new PA L as the sum of the PA L allowable 

emissions for each modified or new emissions unit, plus the sum of the 

baseline actual emissions of the PA L significant and PA L major 

emissions units (assuming application of BAC T equivalent controls as 
3745-31-32 

determined in accordance with paragraph (A)(10)(a)(ii) of this mle, 

plus the sum of the baseline actual emissions of the PA L small 

emissions units. 

(c) The PA L permit shall be revised to reflect the increased PA L level 

pursuant to the public notice requirements of paragraph (A)(4) of this 

mle. 

(11) Monitoring requirements for PALs 

(a) General requirements 

(i) Each PA L permit must contain enforceable requirements for the 

monitoring system that accurately determines plantwide 

emissions of the PA L pollutant in terms of mass per unit of time. 

Any monitoring system authorized for use in the PA L permit 

must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. 

Additionally, the information generated by such system must 

meet minimum legal requirements for admissibility in a judicial 

proceeding to enforce the PA L permit. 

(ii) The PA L monitoring system must employ one or more of the four 

general monitoring approaches meeting the minimum 

requirements set forth under paragraph (A)(l 10(b)(A)(l l)(b) of 

this mle and must be approved by the director. 

(iii) Notwithstanding paragraph (A)(ll)(a)(ii) ofthis mle, you may also 

employ an alternative monitoring approach that meets paragraph 

(A)(l l)(a)(i) of this mle if approved by the director. 

(iv) Failure to use a monitoring system that meets the requirements of 

this mle renders the PA L invalid. 

(b) Minimum performance requirements for approved monitoring approaches 

The following are acceptable general monitoring approaches when 

conducted in accordance with the minimum requirements under 

paragraph (A)(l l)(c) of this mle: 

(i) Mass balance calculations for activities using coatings or solvents; 
3745-31-32 12 

(ii) CEMS; 

(iii) CPM S or PEMS; and 

(iv) Emission factors. 

(c) Mass balance calculations 

A n owner or operator using mass balance calculations to monitor PA L 

pollutant emissions from activities using coating or solvents shall meet 

the following requirements: 

(i) Provide a demonstrated means of validating the published content of 

the PA L pollutant that is contained in or created by all materials 

used in or at the emissions unit; 

(ii) Assume that the emissions unit emits all ofthe PA L pollutant that is 

contained in or created by any raw material or fuel used in or at 

the emissions unit, if it cannot otherwise be accounted for in the 

process; and 

(iii) Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of the 

range to calculate the PA L pollutant emissions unless the director 

determines there is site-specific data or a site-specific monitoring 

program to support another content within the range. 

(d) CEM S 

A n owner or operator using CEM S to monitor PA L pollutant emissions 

shall meet the following requirements: 

(i) CEM S must comply with applicable performance specifications 

found in 40 CFR Part 60, Appendix B; and 

(ii) CEM S must sample, analyze and record data at least every fifteen 

minutes while the emissions unit is operating. 

(e) CPM S or PEM S 
3745-31-32 13 

A n owner or operator using CPM S or PEMS to monitor PA L pollutant 

emissions shall meet the following requirements: 

(i) The CPMS or the PEM S must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) 

and the PA L pollutant emissions across the range of operation of 

the emissions unit; and 

(ii) Each CPMS or PEM S must sample, analyze, and record data at least 

every fifteen minutes, or at another less frequent interval 

approved by the director, while the emissions unit is operating. 

(f) Emission factors 

A n owner or operator using emission factors to monitor PA L pollutant 

emissions shall meet the following requirements: 

(i) All emission factors shall be adjusted, if appropriate, to account for 

the degree of uncertainty or limitations in the factors' 

development; 

(ii) The emissions unit shall operate within the designated range of use 

for the emission factor, if applicable; and 

(iii) If technically practicable, the owner or operator of a PA L 

significant emissions unit that relies on an emission factor to 

calculate PA L pollutant emissions shall conduct validation testing 

to determine a site-specific emission factor within six months of 

P A L permit issuance, unless the director determines that testing is 

not required. 

(g) A source owner or operator must record and report maximum potential 

emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of time 

that there is no monitoring data, unless another method for determining 

emissions during such periods is specified in the PA L permit. 

(h) Notwithstanding the requirements in paragraphs (A)(ll)(c) to (A)(ll)(g) 

of this mle, where an owner or operator of an emissions unit cannot 

demonstrate a correlation between the monitored parameter(s) and the 

P A L pollutant emissions rate at all operating points of the emissions 

unit, the director shall, at the time of PA L permit issuance: 
3745-31-32 14 

(i) Establish default value(s) for determining compliance with the PA L 

based on the highest potential emissions reasonably estimated at 

such operating point(s); or 

(ii) Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored 

parameter(s) and the PA L pollutant emissions is a violation of the 

PAL . 

(i) Re-validation 

A ll data used to establish the PA L pollutant must be re-validated 

through performance testing or other scientifically valid means 

approved by the director. Such testing must occur at least once every 

five years after issuance of the PAL . 

(12) Recordkeeping requirements 

(a) The PA L permit shall require an owner or operator to retain a copy of all 

records necessary to determine compliance with any requirement of 

paragraph (A) of this mle and of the PAL , including a determination of 

each emissions unit's twelve-month rolling total emissions, for five 

years from the date of such record. 

(b) The PA L permit shall require an owner or operator to retain a copy of the 

following records for the duration ofthe PA L effective period plus five 

years: 

(i) A copy of the PA L permit application and any applications for 

revisions to the PAL ; and 

(ii) Each annual certification of compliance pursuant to Title V and the 

data relied on in certifying the compliance. 

(13) Reporting and notification requirements 

The owner or operator shall submit semi-annual monitoring reports and 

prompt deviation reports to the director in accordance with the applicable 

Title V operating permit program. The reports shall meet the requirements 

under paragraph (A)(13) of this mle. 
3745-31-32 

(a) Semi-annual report 

The semi-annual report shall be submitted to the director within thirty 

days of the end of each reporting period. This report shall contain the 

information required under paragraph (A)(13)(a) ofthis mle. 

(i) The identification of owner and operator, the facility ID, and the 

permit-to-install numbers for any applicable permit-to-install. 

(ii) Total annual emissions (tons per year) based on a twelve-month 

rolling total for each month in the reporting period recorded 

pursuant to paragraph (A)(12)(a) of this mle. 

(iii) All data relied upon, including, but not limited to, any quality 

assurance or quality control data, in calculating the monthly and 

annual PA L pollutant emissions. 

(iv) A list of any emissions units modified or added to the major 

stationary source during the preceding six-month period. 

(v) The number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero and span 

calibration checks), and any corrective action taken. 

(vi) A notification of a shutdown of any monitoring system, whether the 

shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will be 

fully operational or replaced with another monitoring system, and 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

P A L permit, as provided by paragraph (A)(l l)(g) of this mle. 

(vii) A signed statement by the responsible official (as defined by the 

Title V operating permit program contained in Chapter 3745-77 

of the Administrative Code) certifying the truth, accuracy, and 

completeness of the information provided in the report. 

(b) Deviation report 

The major stationary source owner or operator shall promptly submit 

reports of any deviations or exceedance of the PA L requirements, 
3745-31-32 

including periods where no monitoring is available. A report submitted 

pursuant to paragraph (A)(3)(c)(iii) of mle 3745-77-07 of the 

Administrative Code shall satisfy this reporting requirement. The 

deviation reports shall be submitted within the time limits prescribed by 

the mle 3745-77-07 of the Administrative Code. The reports shall 

contain the following information: 

(i) The identification of owner and operator, the facility ID, and the 

permit-to-install numbers for any applicable permit-to-install; 

(ii) The PA L requirement that experienced the deviation or that was 

exceeded; 

(iii) Emissions resulting from the deviation or the exceedance; and 

(iv) A signed statement by the responsible official (as defined by the 

Title V operating permit program contained in Chapter 3745-77 

of the Administrative Code) certifying the truth, accuracy, and 

completeness of the information provided in the report. 

(c) Re-validation results 

The owner or operator shall submit to the director the results of any 

re-validation test or method within three months after completion of 

such test or method. 
3745-31-32 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates 

119.03 

3704.03(F) 

3704.03(F) , 3704.03(A) 

10/28/04. 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

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

permit-to-install or PTIO. 

(A) Under paragraph (A)(1) of rule 3745-31-02 of the Administrative Code, new air 

contaminant sources or modified air contaminant sources shall not be installed or 

modified until a final permit-to-install or PTIO is obtained from the director. This 

mle describes activities that can be undertaken prior to obtaining a final 

permit-to-install or PTIO and, are therefore, excluded from the definition of begin 

actual constmction. 

[Comment: Some activities described in this rale 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 ofthis rale, compliance with this chapter does 

not relieve any person from the requirements of Chapters 3734. or 3714. of the 

Revised Code and rales adopted thereunder.] 

(B) Risk to the owner or operator 

(1) This rale does not in any way guarantee that a final permit-to-install or PTIO 

will be issued. 

(2) The implementation of any of the activities described in this mle are at the 

entire risk of the owner or operator. 

(3) If a final permit-to-install or PTIO is issued, any necessary design changes, and 

the costs associated with those design changes (including costs due to delayed 

constmction) in order to comply with the terms of the final permit-to-install 

or PTIO are entirely at the owner or operator's risk. Any costs associated with 

these design changes may not be used as part of any BAT , BACT , LAE R or 

MAC T determination cost-effectiveness evaluations. 

(C) General restrictions 

A ll construction activities must comply with any applicable fugitive dust 

requirements contained in mle 3745-17-08 of the Administrative Code. 

(D) Installation of buildings or structures not containing air contaminant sources 

The constmction of warehouses, store rooms, office buildings, or other buildings or 

structures that are not planned to contain any air contaminant source(s) as part of an 

air contaminant source project may be constructed prior to obtaining a final 

permit-to-install or PTIO if the buildings or structures would be built (for business 

financial reasons) even though no final permit-to-install or PTIO could be obtained. 

[ stylesheet: rule.xsl 2.14, authoring tool: i4i 2.01 May 21, 2003. (dv: 7, p: 28917, pa: 51259, ra: 155360. d: 167225)] print date: 06702/2008 09:28 A M 
3745-31-33 2 

(E) Acceptable site preparation activities for any air contaminant source project 

The following activities do not constitute beginning actual constmction and may be 

undertaken prior to obtaining a final permit-to-install or PTIO for a particular air 

contaminant source project. 

(1) Clearing the site of existing vegetation, old buildings, or old equipment. 

(2) Grading and clearing of land, stripping and stockpiling topsoil, earthwork cut 

and fill for foundations in preparation for constmction. 

(3) Installing temporary site access roadways and parking areas. 

(4) Installing temporary constmction equipment storage areas. 

(5) Storing of constmction equipment including temporary buildings and trailers for 

equipment storage and for constmction offices. 

(6) Exploratory excavation and borings to assess the suitability of a site for the 

intended building or installation activities. 

(7) Excavating building footers, pilings, foundations, pads, and platforms, etc. 

(note, no pouring of concrete is allowed). 

(8) Installing concrete forms and reinforcing bar for any concrete footers, pilings, 

foundations, pads and platforms, etc. (note, no pouring of concrete is 

allowed). 

(9) Installing temporary utilities for site constmction including electricity, water, 

gas, communication and sanitary. 

(10) Removing old equipment from existing buildings. 

(11) Installation of any temporary constmction dust control systems (sprinklers, 

etc.). 

(12) Installation of any signage or traffic control signs. 

(13) Installation of any utility poles by a utility company. 
3745-31-33 3 

(14) Installation of temporary erosion and sedimentation control systems including 

hay bales, silt fences, rip-raps and sandbags. 

(15) Installation of new landscaping including trees, bushes and seeding of 

disturbed earthwork. 

(16) Installation of landscaping fencing. 

(17) Installation of temporary fences and signs around the constmction site. 

(18) Stockpiling of stone, soil and other materials for future constmction. 

(F) Additional acceptable site preparation activities for any source that is not a major new 

or modified source (i.e., minor modifications and minor new sources) 

The following additional site preparation activities may be undertaken prior to 

obtaining a final permit-to-install or PTIO provided the air contaminant source 

project is not a major modification, a major stationary source, or part of a 

permit-to-install or PTIO designed to avoid a major modification or classification 

of a major stationary source through permit-to-install or PTIO restrictions (known 

as a synthetic minor or netting permits avoiding major new source review). These 

activities may only be undertaken if the owner or operator has filed a complete 

application for a permit-to-install or PTIO. the director or his/her designee has 

determined the application is administratively complete, and the owner or operator 

has provided notification, in a form and manner prescribed by the director, of the 

activities described in this mle that the owner or operator plans to undertake prior 

to receiving a final permit-to-install or PTIO. 

(1) Installing electrical service for any air contaminant source(s) or air pollution 

control equipment up to the service panel for the new equipment. 

Connections to any air contaminant source(s) or air pollution control 

equipment cannot be made until a final permit-to-install or PTIO is issued and 

effective. 

(2) Installing piping and sewers up to the point of connection to any air 

contaminant source(s) or air pollution control equipment. Connections to any 

air contaminant source(s) or air pollution control equipment cannot be made 

until a final permit-to-install or PTIO is issued and effective. 

(3) Installing inlet air and exhaust duct work with the exception of final connections 

to the air contaminant source(s) or air pollution control equipment. 
3745-31-33 4 

(4) Installing site drainage systems including ditches, culverts, earthwork for 

underground storm drains, headwalls and catch basins. This is authorized 

only if any necessary storm water permits have been obtained. 

(5) Installing concrete footers, foundations, pads and platforms for the building or 

for equipment. 

(6) Installing any permanent roadways and parking areas not required under this 

chapter to obtain a permit-to-install or PTIO. 

(7) Storing parts and equipment of the air contaminant source(s) or air pollution 

control equipment. 

(8) Constmction of new or expanded buildings, or the renovation or upgrading of 

existing buildings, in preparation for the installation of new or modified air 

contaminant source(s) or air pollution control equipment. 

(9) Equipment that constitutes a component of an air contaminant source (including 

air pollution control equipment) may be delivered to the site prior to 

obtaining a final permit-to-install or a PTIO if the following criteria are met: 

(a) If the equipment is to be installed in an existing building, then it may be 

placed in its final location and secured. No utilities, piping, or duct 

work may be connected to the equipment. The equipment shall not be 

operated. 

(b) If the equipment is to be installed in a building that has not yet been built, 

then it can either be secured on the foundation of its final site or may be 

located anywhere on the property. No utilities, piping, or duct work 

may be connected to the equipment. The equipment shall not be 

operated. 

(G) The director, at his/her discretion and in writing, may determine that an activity not 

listed in paragraphs (E) and (F) of this mle is an activity that can be undertaken 

prior to obtaining a final permit-to-install or PTIO for an air contaminant source 

project. An y activity approved by the director must meet the requirements 

described in division (F)(5) of section 3704.03 of the Revised Code and must meet 

all applicable state and fodoral air pollution rulos, regulations and^or lawskw. A 

request for approval of these activities shall be made in writing and shall provide: a 

detailed description of the desired activities; an analysis of why the activities are 

allowed under all state and federal air pollution mles, regulations and/or laws; and a 

description of the adverse consequences that would occur to the permittee if the 
3745-31-33 

activities were not allowed prior to obtaining a final permit-to-install or PTIO. 
3745-31-33 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(F), 3704.03(G) 

3704.03(G), 3704.03(F), 3704.03(A) 

12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

3 745-3 5-01 Definitions. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see the "Incorporation by Reference" paragraph at the end of this 

mle.] 

(A) Except as otherwise provided in paragraph (B) of this mle, the definitions in mle 

3745-15-01 of the Administrative Code shall apply to this chapter. 

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

(1) "Acid rain program" means the program contained within Title IV of the Clean 

Air Act. 

(2) "Administrative modification(s)" means a change to a permit-to-operate that 

does not meet the definition of a modification under mle 3745-31-01 of the 

Administrative Code. 

(3) "Affected sources" shall have the meaning given to it in the regulations 

promulgated under Title IV of the Clean Air Act. 

(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. 

(5) "Applicable laws" means any applicable provisions of: Chapters 3704. and 

3745. of the Revised Code, as amended; mles and orders of the Ohio 

environmental protection agency; the Clean Air Act, as amended; mles and 

regulations of the administrator of the United States environmental protection 

agency. 

(6) "Clean Air Act" means the federal Clean Air Act as amended November 15, 

1990; 42 USC 7401 to 7671 q. 

(7) "General permit" shall mean a general permit-to-operate. 

(8) "General permit-to operate" means a permit-to-operate issued under mle 

3745-35-08 ofthe Administrative Code. 

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3745-35-01 TO BE RESCINDED 2 

(9) "Model general permit" means a document that the director has developed that 

includes a definition of a category of air contaminant source, a description of 

the qualifications that must be met for that category of source and model 

terms and conditions that will be issued as a general permit for any qualified 

air contaminant source. 

(10) "Title I modification" shall mean any modification under Sections 111 and 112 

of the Clean Air Act and any major modification under Parts C or D of Title I 

of the Clean Air Act. 

(C) Incorporation by reference. This chapter includes references to certain matter or 

materials. The text of the incorporated materials is not included in the regulations 

contained in this chapter. The materials are hereby made a part of the regulations in 

this chapter. For materials subject to change, only the specific version specified in 

the regulation are incorporated. Material is incorporated as it exists on the effective 

date of this mle. Except for subsequent annual publication of existing (unmodified) 

Code of Federal Regulation compilations, any amendment or revision to a 

referenced document is not incorporated unless and until this mle has been 

amended to specify the new dates. 

(1) Availability. The materials incorporated by reference are available as follows: 

(a) Clean Air Act. Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the Act as amended in 

1990 is also available in electronic format at www.epa.gov/oar/caa/. A 

copy of the Act is also available for inspection and copying at most 

public libraries and "The State Library of Ohio." 

(b) Code of Federal Regulations. Information and copies may be obtained by 

writing to: "Superintendent of Documents, Attn: New Orders, PO Box 

371954, Pittsburgh, PA 15250-7954." The full text ofthe CFR is also 

available in electronic format at 

http://www.gpoaccess.gov/cfr/index.html. The CFR compilations are 

also available for inspection and copying at most public libraries and 

"The State Library of Ohio.' 

(c) United States Code. Information and copies may be obtained by writing 

to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text ofthe United States Code is 

also available in electronic format at 

http://www4.law.comell.edu/uscode/. The U.S.C compilations are also 
3745-35-01 TO BE RESCINDED 3 

available for inspection and copying at most public libraries and "The 

State Library of Ohio." 

(2) Incorporated materials: 

(a) 40 CFR Part 51; "Requirements for preparation, adoption, and submittal 

of implementation plans;" as published in the July 1, 2005 Code of 

Federal Regulations. 

(b) 40 CFR Part 51, Appendix M ; "Recommended Test Methods for State 

Implementation Plans;" 36 FR 22398, Nov. 25, 1971; 55 FR 14249, 

Apr. 17, 1990; 55 FR 24687, June 18, 1990, as amended at 55 FR 

37606, Sept. 12, 1990; 56 FR 6278, Feb. 15, 1991; 56 FR 65435, Dec. 

17, 1991; 60 FR 28054, May 30, 1995; 62 FR 32502, June 16, 1997. 

(c) 40 CFR Part 52; "Approval and promulgation of implementation plans;" 

as published in the July 1, 2005 Code of Federal Regulations. 

(d) 40 CFR Part 60, Appendix A; "Test Methods - Standards of Performance 

for New Stationary Sources;" as published in the July 1, 2005 Code of 

Federal Regulations 

(e) 42 USC 7401 to 7671q; "The Public Health and Welfare-Air Pollution 

Prevention and Control;" published January 19, 2004 in Supplement III 

of the 2000 Edition ofthe United States Code; as amended January 23, 

2004, Pub. L. 108-199, sec, 425(a) and sec. 428(b), 118 Stat. 417-418. 

(f) 42 USC 7410; "State implementation plans for national primary and 

secondary ambient air quality standards;" published January 19, 2004 in 

Supplement III of the 2000 Edition ofthe United States Code. 

(g) National emission standards for hazardous air pollutants; contained in 40 

CFR Part 61; "National emission standards for hazardous air 

pollutants;" as published in the July 1, 2005 Code of Federal 

Regulations. 

(h) Part C of Title I ofthe Clean Air Act; contained in 42 USC 7470 to 7492; 

"Prevention of Significant Deterioration of Air Quality;" published 

January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United 

States Code. 

(i) Part D of Title I ofthe Clean Air Act; contained in 42 USC 7501 to 7515; 
3745-35-01 TO BE RESCINDED 

"Plan Requirements for Nonattainment Areas;" published January 19, 

2004 in Supplement III ofthe 2000 Edition ofthe United States Code. 

(j) Section 110 of the Clean Air Act; contained in 42 USC 7410; "State 

implementation plans for national primary and secondary ambient air 

quality standards;" published January 19, 2004 in Supplement III of the 

2000 Edition ofthe United States Code. 

(k) Section 111 ofthe Clean Air Act; contained in 42 USC 7411; "Standards 

of performance for new stationary sources;" published January 19, 2004 

in Supplement III of the 2000 Edition ofthe United States Code. 

(1) Section 112 ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous 

Air Pollutants;" published January 19, 2004 in Supplement III of the 

2000 Edition ofthe United States Code. 

(m) Section 112(1) of the Clean Air Act; contained in 42 USC 7412; 

"Hazardous Air Pollutants;" published January 19, 2004 in Supplement 

III ofthe 2000 Edition ofthe United States Code. 

(n) Title IV ofthe Clean Air Act; contained in 42 USC 7651 to 765 lo; "Acid 

Deposition Control;" published January 19, 2004 in Supplement III of 

the 2000 Edition ofthe United States Code. 
3745-35-01 TO BE RESCINDED 5 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(G) 

3704.03(G), 3704.03 (A) 

7/5/73, 11/7/79, 10/17/03, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

3745-35-02 Permits-to-operate. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see the last paragraph of mle 3745-35-01 of the Administrative 

Code titled "Incorporation by reference." 

(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 mle except: 

(1) As otherwise provided in paragraph (H) of this mle and in mles 3745-35-03 and 

3745-35-05 ofthe Administrative Code; or 

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

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

for which the director has granted a discretionary exemption under paragraph 

(A)(3) of mle 3745-31-03 of the Administrative Code, or the air contaminant 

source is a source meeting the requirements under the permit-by-mle 

exemptions in paragraph (A)(4) of mle 3745-31-03 of the Administrative 

Code; or 

(3) If the 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 

(4) As otherwise provided by section 3704.011 and division (F) of section 3704.03 

of the Revised Code and mle 3745-15-05 ofthe Administrative Code. 

(B) Applications for permits-to-operate 

(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 partner. 

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

proprietorship, by the proprietor. 

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3745-35-02 TO BE RESCINDED 2 

(4) Applications for permits-to-operate shall be signed, in the case of municipal, 

state, federal or other governmental 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. 

(6) Applications for permits-to-operate shall be on forms prescribed by the Ohio 

environmental protection agency and shall contain all information the Ohio 

environmental protection agency deems necessary to determine whether the 

air contaminant source is operating and will be operated in accordance with 

all applicable mles of the Ohio environmental 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 ofthe emissions from such source upon existing air quality. 

(7) Except as otherwise expressly provided by mle, a separate application for a 

permit-to-operate shall be made for each air contaminant source to which this 

mle applies or an application for a facility shall be made that contains 

information described in paragraph (B)(6) of this mle for each air 

contaminant source located at the facility to which this mle applies. 

(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. 

(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 mle 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. 

(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 mle, the source has submitted an approvable compliance 

program, including a compliance schedule if necessary. A compliance 
3745-35-02 TO BE RESCINDED 

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 mle 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 

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

sensing devices to monitor and record emission data and other information 

about the operation of the source; and, 

(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 environmental protection agency, demonstrate that the source is 

in compliance with applicable emission limitations and other applicable law. 

The Ohio environmental protection agency or its representatives may 

observe, participate in, or conduct any performance test required; and, 

(4) In the case of a new source, except those exempted from obtaining a 

permit-to-install by mle 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 

(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 environmental protection 

agency law and mles 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 

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

pollutants adopted by the administrator of the United States environmental 

protection agency. 
3745-35-02 TO BE RESCINDED 4 

(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. 

(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 of the source or control facility with the standards or conditions 

of the original permit. 

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

responsibilities of the original permit holder-transferor. The Ohio 

environmental protection agency must be notified in writing of any transfer of 

a permit-to-operate. 

(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. 

(5) Any approved compliance schedule shall be incorporated into the 

permit-to-operate and shall be a term and condition thereof. 

(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 of the source operation. 

(E) Permits under this mle shall be issued, denied, modified, or revoked and may be 

challenged in accordance with the provisions of Chapter 3745-47 of the 

Administrative Code. 

(F) Suspension or revocation of permit-to-operate 

(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 mle or any other applicable law or mle of the Ohio environmental 

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 
3745-35-02 TO BE RESCINDED 5 

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 environmental 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 mle, in the manner prescribed in Chapter 

3745-47 ofthe Administrative Code. 

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

the Ohio environmental 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. 

(H) If a new source that has been constmcted, 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 mle 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 

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. 
3745-35-02 TO BE RESCINDED 6 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(G) 

3704.03(G), 3704.03 (A) 

7/5/73, 11/7/79, 6/14/82, 4/20/94, 11/18/94, 6/18/01, 

10/17/03, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

3745-35-03 Variances. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see the "Incorporation by Reference" paragraph at the end of mle 

3745-35-01 ofthe Administrative Code.] 

(A) No person shall cause, permit, or allow the operation or other use of any air 

contaminant source that emits any air pollutant in violation of any applicable law, 

unless a variance has been applied for and obtained from the director for such 

source, pursuant to the provisions of this mle. No variance from any mle of the 

director adopted under Chapter 3704. of the Revised Code may be issued except 

pursuant to this mle. 

(B) No variance shall be granted from Chapter 3745-19 of the Administrative Code 

governing open burning. 

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

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

source as a new source. 

(D) Applications for variances 

(1) Applications for variances 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 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 manner prescribed by 

the Ohio environmental protection agency. 

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3745-35-03 TO BE RESCINDED 2 

(6) Except as otherwise expressly provided by rule, a separate application for a 

variance shall be made for each air contaminant source to which this mle 

applies. 

(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 mle 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. 

(8) An application which seeks a variance pursuant to this mle 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 mle. 

(E) Standards for granting variances 

(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 
3745-35-03 TO BE RESCINDED 

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 mle, paragraph 

(E)(2)(e) of this mle, and paragraph (E)(2)(f) of this mle or demonstrates the 

requirements of paragraphs (E)(2)(d) to (E)(2)(f) of this mle: 

(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; 

(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 

ofthe applicant; 

(d) Bubble concept: 

(i) An alternative emission control strategy (bubble concept) is provided 
3745-35-03 TO BE RESCINDED 

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) ofthis mle: 

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

the same for purposes of paragraph (E)(2)(d)(i) of this mle only if 

they are comparable in terms of type of contaminant. 

(iii) Emissions of particulates of the following types shall not be 

considered, for purposes of paragraph (E)(2)(d)(i) of this mle to 

be the same as emissions of particulates of any other types: 

(a) Asbestos; 

(b) Beryllium; 

(c) Coke oven emissions; 
3745-35-03 TO BE RESCINDED 5 

(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 mle, 

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 rale 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 rale have been made. 

(G) Action on applications for variance 

(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 

variance in the manner specified in Chapter 3745-47 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. 
3745-35-03 TO BE RESCINDED 6 

(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 rale for an air contaminant source may 

provide the applicant relief from more than one emissions limitation. 

(5) Variances under this rale shall be issued, denied, modified, or revoked and may 

be challenged in accordance with the provisions of Chapter 3745-47 of the 

Administrative Code. 

(6) A variance from a rale 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) Al l 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 mle, a renewal of such variance shall not be subject to the 

requirements of paragraph (G)(6) of this mle 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 mle, 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)(1)(a) or (E)(1)(c) of this rale, and upon approval thereof by the 

administrator as provided by paragraph (G)(6)(c) of this rale, if applicable, 

the director shall propose to amend the mle from which the variance is issued 

to provide for emissions authorized by the variance. The amended mle shall 

be proposed only if, in the director's judgment, such amended rale will 

conform to all requirements of applicable law, including, if applicable, 

requirements regarding implementation plans. Following ralemaking 
3745-35-03 TO BE RESCINDED 7 

procedures mandated by law on the proposal, the director shall take such 

action on the proposal as is lawful and reasonable. 

(H) Terms and conditions 

(1) Except as otherwise appropriate under paragraph (E) ofthis mle, an approved 

compliance schedule shall be incorporated into any variance granted, and 

shall be a term and condition thereof. 

(2) Each variance issued pursuant to this mle and each variance or 

permit-to-operate issued to another source pursuant to paragraph (E)(2)(d) of 

this mle 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. 

(4) The possession of a variance shall not relieve the holder of responsibility to 

comply with all other applicable law and mles of the Ohio environmental 

protection agency. 

(5) Any variance issued by the director shall be subject to revision in response to 

changes in applicable mles or other factors affecting the compliance of the 

source or control facility with the standards or conditions of the original 

variance. 

(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 assume the responsibilities of the 

transferor. The Ohio environmental protection agency must be notified in 

writing of any transfer of a variance. 

(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. 
3745-35-03 TO BE RESCINDED 8 

(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. 

(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. 

(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. 

(J) Revocation 

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

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

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

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

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

environmental protection agency. 
3745-35-03 TO BE RESCINDED 9 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates 

119.03 

3704.03(G) 

3704.03(G), 3704.03 (A) 

7/5/73, 11/7/79, 12/5/80, 8/30/82, 6/18/01, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

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 environmental protection agency shall 

encourage the implementation of the least costly alternative. 

(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. 

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

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

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3745-35-04 TO BE RESCINDED 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03 (A) 

Prior Effective Dates: 7/5/73, 11/7/79, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

3745-35-05 Permit exemptions and registration status. 

(A) Permit exemptions: 

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

contaminant sources shall not be required to apply for, or obtain, 

permits-to-operate or variances: 

(a) Comfort ventilating systems; 

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

(c) Sources, located in dwelling units, from which products of combustion are 

the sole emissions, and which bum 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; 

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

farms and used solely for farming activities. 

(2) The exemptions specified within paragraph (A)(1) of this mle shall not relieve 

any air contaminant source from the responsibility to comply with applicable 

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

of Ohio. 

(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)(1)(a) to (A)(1)(e) ofthis mle 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)(1) of this mle. 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 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 construed as abrogating the 

compliance responsibility set forth in paragraph (A)(2) of this mle. 

(B) Registration status: 

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3745-35-05 TO BE RESCINDED 2 

(1) The director may place an application for a permit-to-operate for an air 

contaminant source on registration status, rather than issuing a 

permit-to-operate, 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. 

(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. 

(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) ofthis mle. 

(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)(1) of this mle. 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 rales, 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 rales. 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. 
3745-35-05 TO BE RESCINDED 3 

(5) For purposes of paragraph (B)(1) ofthis rule: 

(a) "Maximum potential yearly emissions" means the total weight of lead, 

organic compounds, particulates or sulfur dioxide which is, or in the 

absence of control equipment would be, emitted from an air 

contaminant source in 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 mle. 
3745-35-05 TO BE RESCINDED 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03(A) 

Prior Effective Dates: 11/7/79, 6/18/01, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

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

and fertilizer mixing operations. 

(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 shelters, hammer 

mills and aspirated bagging operations and other sources subject to mle 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 mle 3745-35-02 ofthe Administrative Code, 

one application for a permit-to-operate may be submitted for the air contaminant 

sources which are subject to mle 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 mle 3745-17-08 of the 

Administrative Code shall be submitted in accordance with applicable mles of the 

director. 

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3 745-3 5-06 TO BE RESCINDED 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03 (A) 

Prior Effective Dates: 12/5/80, 10/31/96, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

3745-35-07 Enforceable limitations on potential to emit. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see the "Incorporation by Reference" section at the end of mle 

3745-35-01 ofthe Administrative Code.] 

(A) For purposes of this mle, "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 ofthe 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 mle 

3745-77-01 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 IV 

of the Clean Air Act or the regulations promulgated thereunder. 

(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 

mle 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 

(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 

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3745-35-07 TO BE RESCINDED 2 

mechanisms provided in paragraph (B)(1), (B)(2), or (B)(3) of this mle 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 annual limit 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 mle, acceptable short-term limitations on production or 

operation shall include, but not be limited to, a thirty-day average or three 

hundred and sixty-five-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 

annual and short-term limits, using methods from 40 CFR Part 60, Appendix 

A or 40 CFR 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 mle by the administrator is a prerequisite of federal enforceability of 

limitations under paragraph (B)(2) of this mle. 
3745-35-07 TO BE RESCINDED 3 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(G) 

3704.03(G), 3704.03 (A) 

4/20/94, 11/18/94, 6/18/01, 11/3/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

TO BE RESCINDED 

3745-35-08 General permit-to-operate. 

[Comment: For dates of non-regulatory government publications, publications of 

recognized organizations and associations, federal mles, and federal statutory provisions 

referenced in this mle, see the "Incorporation by Reference" section at the end of mle 

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 mles. 

(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 opportunity for public comment on the form and 

content of a model general permit as follows: 

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3745-35-08 TO BE RESCINDED 2 

(a) The director shall announce availability for comment on draft model 

general permits under development containing the requirements in 

paragraph (A)(2) of this mle, providing a minimum of thirty days 

comment period. The 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 five 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 mle. 

(b) Any 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 mle. 

(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 mle, except administrative modifications may occur without 

following the mles 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) Al l of the qualifications and requirements described in this chapter are met, 

except as noted in paragraph (C)(2) of this mle; 
3745-35-08 TO BE RESCINDED 3 

(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 

(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 mles 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-to-operate 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 permit-to-operate. 

(2) The applications submitted shall comply with the requirements listed under 

paragraph (B) of mle 3745-35-02 and paragraph (D) of mle 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 mle 3745-35-02 and paragraph (D) of mle 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 mle 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: 
3745-35-08 TO BE RESCINDED 4 

(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 constmcted, 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-to-operate. 

(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. 

(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 final general 

permit-to-operate has been changed per the procedures in paragraph (A)(3) of 

this rale, 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 rale. 

(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 rale 

3745-35-02 ofthe Administrative Code. 
3745-35-08 TO BE RESCINDED 5 

(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-to-operate. 
3745-35-08 TO BE RESCINDED 6 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 

CERTIFIED ELECTRONICALLY 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates 

119.03 

3704.03(G) 

3704.03(G), 3704.03 (A) 

10/17/03, 11/3/06