John R. Kasich, Governor MaryTaylor, Lt. Governor Craig W. Butler, Director



### MAY 062014 Ms. Susan Hedman Regional Administrator U.S. EPA Region V 

### 77 W. Jackson Blvd. Chicago, IL 60604 

### Re: RequestforApproval ofOhioAdministrative Code (OAC) Chapter3745-31 

### Rule Changes into Ohio's State Implementation Plan (SIP) Dear Ms. Hedman: On January 10, 2014, Ohio EPA proposed amended rules in Ohio Administrative Code (OAC) Chapter 3745-31 to theJointCommittee on Agency Rule Review (JCARR). This is the final process in Ohio before the rules may be adopted. Ohio EPA does not anticipate making any additional changes to the rules before adopting them, which we anticipate doing in mid-May, 2014. This letter serves as Ohio EPA's request to begin processing of these amended rules for inclusion into Ohio's state implementation plan (SIP). The rules submitted with this letter include language incorporating EPA requirements for implementation ofthe NewSource Review (NSR) program forfine particulate matter(that is, particleswith an aerodynamicdiameterlessthan orequalto a nominal2.5 micrometers, generally referred to as "PM 2.5"), promulgated on May 16, 2008, as well as U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration forfine particulate pollution, promulgated on October20, 2010. As afullyapproved NSRprogram, Ohio EPAwas required to incorporate U.S. EPA's rules, or a version at least as stringent as U.S. EPA's rules, within three years of their promulgation. Additionally, Ohio EPA is also incorporating changes in OAC Chapter3745-31 notdirectly related to U.S. EPA's PM2.5 NSR implementation final rule. These second setofchanges contain a host of revisions, including; adding or clarifying requirements to address Infrastructure State Implementation Plan (SIP) deficiencies identified by U.S. EPA

### (77 FR 65478), revising and adding definitions, adding federal land manager notification requirements and incorporating minororganizational ortypographical changes. At this time, Ohio EPA is requesting U.S. EPA approval of these amended rules for incorporation as amendments into the SIP with the following exceptions:

50 WestTown Street • Suite700 • P.O. Box 1049 • Columbus, OH

**43216~1049** www.epa.ohio.gov •(614) 644·3020 • (614) 644-3184(fax)1) Paragraph (I) ofOAC rule 3745-31-01. 2) Paragraph (SSS)(1)(b) ofOAC rule 3745-31-01. 3) Paragraph (H)(1 )(c) ofOAC rule 3745-31-13. 4) Paragraph (C) ofOAC rule 3745-31-16. The following documents are attached foryour consideration perthe requirements of40 CFR Part 51, Appendix V: This lettershould meetthe requirements in 40 CFR Part 51, AppendixV, Section 2.1(a): a "formal letterofsubmittal from the Governororhis designee, requesting EPA approval of the plan or revision." Article One addresses the following two requirements: 40 CFR Part 51, Appendix V, Section 2.1(b) Evidencethatthe State hasadoptedthe plan in the Statecode orbodyofregulations; orissued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date ofthe plan, ifdifferentfrom the adoption/issuance date. 40 CFR Part 51, Appendix V, Section 2.1(d) A copyofthe actual regulation, ordocumentsubmittedforapproval and incorporation by reference into the plan, including indication ofthe changes made to the existing approved plan, where applicable. The submittal shall be a copy ofthe official State regulation /document signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. Certified copies ofthe 29 rules, in redline and strikeout, are being submitted for approval and incorporation by reference into the plan. The copies are included as evidencethatthe State has adopted the body ofregulations in final form. This submittal includes copies of the official State regulations signed, stamped, and dated bythe appropriate State official indicatingthattheyarefully enforceable bythe State. The effective dateofeach regulation is indicated in the document itself. Please considerthat Ohio has an electronic rule filing system and all certifications/signatures of regulations are done electronically. Article Two addressesthe following requirement: Copies of the public notice of adoption and Director's Findings 

### & Orders have been included asevidence ofthe date ofadoption aswell asthe effective dateofthe regulations and evidence that public notice was given of the proposed changes consistent withprocedures approved by EPA, including the date of publication ofsuch notice. Requirements of40 CFR Part 51, Appendix V, Section 2.1(c): Evidence that the State has the necessary legal authority under State lawto adopt and implementthe plan. Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section 3704.03 ofthe Ohio Revised Code (ORC)to enactthese rules. Copiesofthese sectionsof the ORC can be provided upon request. Article Three addresses the following requirements: 40 CFR Part 51, AppendixV, Section 2.1(e) Evidencethatthe Statefollowed all ofthe procedural requirementsofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. 40 CFR Part 51, Appendix V, Section 2.1 (f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. Ohio EPA has included a narrative and several attachments as evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. Article Four 40 CFR Part 51, AppendixV, Section 2.1(g) Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable. A copy ofthe transcript from the public hearing has been provided as certification that a public hearing was held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable. Article Five 40 CFR Part 51, Appendix V, Section 2.1 (h) Compilation of public comments and the State's response thereto. Copies of the Response to Comments documents for both the draft language and proposed language comment periods are attached.

### Ohio EPA asks thatthe above mentioned rules be accepted as revisions to Ohio's SIP. Ohio EPAwill also provide U.S. EPAan exactduplicate electronicversion ofthissubmittal. Details aboutwhere to accessthe electronic copywill be provided in a subsequent e-mail message. Please contact Bob Hodanbosi, 614-644-3585 if you have any questions about this submittal. Sincerely,

Craig W. Butler Director, Ohio Environmental Protection Agency

cc: Bob Hodanbosi, Chief Division ofAir Pollution Control Attachment

# Article I Certified Copy of Rules

### 3745-31-01 Definitions.



### [Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced inthis rule, see paragraph (LLLLLL) ofthis rule titledthe 

### "IHeSfj'!SfatieH lly

### RefufeHee"referencedmaterials." seetieH atthe eHaefthisRile.] (A) Except as otherwise provided in this rule, the definitions in rules 3745-15-01 and 3745-21-01 ofthe Administrative Code shall applyto this chapter. (B) "Acid rain program" means the program contained within Title IV ofthe Clean Air Act. (C) "Actual emissions" means the actual rate ofemissions ofa regulated NSR 

### pollutant from an emissions unit, as determined under this paragraph, except that this definition shall not apply for calculating whether a significant emissions increase, as defined in this rule, has occurred, or for establishing a PAL under rule 3745-31-33 ofthe Administrative Code. (1) Actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a consecutive twenty-four-month period which precedes the particular date and which is representative ofnormal emissionsunit operation. The director shall allow the use ofa different time period upon a determination that it is more representative ofnormal emissions unit operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates and types of materials processed, stored or combusted during the selected time period. (2) The director may presume that emissions unit-specific allowable emissions for the emissions unit are equivalentto the actual emissions ofthe emissions unit. (3) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe emissions unit on that date. (D) "Actuals PAL" for a major stationary source means a PAL based on the baseline actUal emissions ofall emissions units at the source that emit orhave the potential to emitthe PAL pollutant. (E) "Adhesive" means any substance that is used to bond one surface to another surface. (F) "Administrative modification" means a change to a permit to install or a PTIO that does notmeetthe definition ofamodification underthis rule.

### 3745-31-01 2

(G) 

### "Affected sources" shall have the meaning given to it in the regulations promulgated underTitle IV ofthe CleanAirAct. (H) "Air contaminant" means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor orodorous substances, or any combinationthereof. (I) "Air contaminant source," for the purpose of this chapter, means each separate operation, or activity that results or may result in the emission of any of the following air contaminants: (I) An air contaminant or precursor of an air contaminant for which a national ambient airquality standard has been adopted under the Clean AirAct. (2) An air contaminantfor whichthe sourceis regulatedunderthe CleanAir Act. (3) A toxic air contaminant as listed in rule 3745-114-01 ofthe Administrative Code. (J) 

### "Air contaminant source project" means the installation or modification of one or more air contaminant sources (and any structures associated with such installations ormodifications), all ofwhich results from adiscrete production goal or objective. (K) "Allowable emissions" means the emission rate of an air contaminant source calculatedusing the maximum rated capacity ofthe air contaminant source (unless the air contaminant source is subject to limits that are federally enforceable or legally and practically enforceable by the state that restrict the operating rate or hours ofoperation, orboth), andthe most stringent ofthe following: (I) The applicable standards as setforth in40 CFRParts 60, 61 and 63; or (2) The applicable Ohio state implementation plan emission limitation, including those with afuture compliance date; or (3) The emission rate by a permit condition that is federally enforceable or legally and practically enforceable by the state, including those with a future compliance date. (L) "Applicable laws" means any applicable provisions ofChapters 3704. and 3745. of the Revised Code; rules, regulations, and orders of the Ohio environmental protection agency, the CleanAirAct; and rules and regulations ofthe administrator

### 3745-31-01 3

ofthe United States environmentalprotection agency (including any Ohio rule. law. or provision of the Ohio state implementation plan that has been approved or promulgatedbythe United States environmentalprotection agency.). (M) "Auto bodyrefinishing facility" means afacility engagedprimarily in collisionrepair and refinishing of automobiles and ligl!t Ellity 

### trucks. Automobile paint-only and customizing facilities, which are engaged in repainting used motor vehicles and ligl!t tffity 

### trucks, but do not perform collisionrepair work, are also included in this definition. Mobile auto body painting operations, which employ temporary spray booths meeting the design criteria specified by paragraph (A)(4)(g) of rule 3 7 45-31-03 ofthe Administrative Code, are also includedin this definition. (N) 

### "Available information" means, for purposes of identifying control technology options for a major MACT source, information contained in the following infonnation sources as ofthe date ofthe MACT determinationbythe director: (I)Arelevantproposedregulation, including all supporting documentation;. (2) Backgroundinformation documents for adraftorproposedregulation;. (3) Data and information available from the "Control Technology Center" developedpursuantto Section 113 ofthe Clean AirAct;. (4) Data and information contained in the "Aerometric Informational Retrieval System" including information inthe MACT database;. (5) Any additional information that can be expeditiously provided by the administrator;-tltffi. (6) Any additional information provided by the applicant or others, and any additional information considered available by the director. (0) 

### "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulatedNSRpollutant, as determinedunderthis rule. (1) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons peryear, atwhich the unit actually emitted the pollutant during any consecutive twenty-four-month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the NSR project. TI1e director shall allow the use ofa different time period upon a determination that itis more representative ofnormal source operation.3745-31-01 4

(a) The average rate shall include fugitive emtsstons to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutivetwenty-four-monthperiod. (c) For a regulated NSR pollutant, when a NSR project involves multiple emissions units, only one consecutive twenty-four-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four-month period canbe used for eachregulated NSRpollutant. (d) The average rate shallnotbe based on any consecutivetwenty-four-month period for whichthere is inadequate infonnation for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired by paragraph (O)(l)(b) ofthis rule. (2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive twenty-four-month period selected by the owner or operator within the ten-yearperiod immediately preceding either the date the owner or operatorbegins actual construction ofthe NSRproject, orthe date a complete permit application is received by the director for a permit required either under this rule or under a plan approved by the administrator, whichever is earlier, except that the ten-year period shall not include any period earlier thanNovember 15, 1990. (a) The average rate shall include fugitive emtsswns to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutivetwenty-four-monthperiod. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major

### 3745-31-01 5 

### stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive twenty-four-month period. However, if an emission limitation is part ofa MACT standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state has taken credit for such emission reductions in an attainment demonstration or maintenance plan consistent with the requirements in rule 3745-31-22 of the Administrative Code. (d) For a regulated NSR pollutant, when a NSR project involves multiple emissions units, only one consecutive twenty-four-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four-month period can be used for each regulatedNSRpollutant. (e) The average rate shall not bebased on any consecutive twenty-four-month periodfor which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraphs (0)(2)(b) and (0)(2)(c) ofthis rule. (3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero ifthe operation ofthe new emissions unit has not yet begun, or shall equal the unit's potential to emitifoperation ofthe new emissions unit has begun. (4) For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in 

### paragraph (0)(1) of this rule, for other existing emissions units in accordance with the procedures contained in paragraph (0)(2) ofthis rule, and for anew emissions unit in accordance with theprocedures contained inparagraph (0)(3) ofthis rule. (P) "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 1 07(d) ofthe Clean Air Act in which the major stationary source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established. as follows: equal to or greater than one microgram per cubic rueter (annual average) for sulfur dioxide. nitrogen dioxide or PMlO: or equal to or greater than 0.3 microgram per cubic rueter for PM2.5. eHl!e airJ98lht!Sft{ fer 

### 'Nhieh the ffiiRSf S8ffi'88 easeliRe aate is SS!aBJisfiea. 

### Any baseline area established originally for the TSP increments shall remain in

### 3745-31-01 6



### effect and shall apply for purposes ofdetermining the amount ofavailable PMlO increments, except that such baseline area shall not remain in effect ifthe permit authorityrescinds the corresponding minor source baseline date in accordance with paragraph (000)(4) 

### (QQQ)(5)ofthisrule. Area redesignations under Section 1 07(d) ofthe Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modificationthat: (1) Establishes aminor sourcebaseline date; or (2) Is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation. (Q) "Baseline concentration" means that ambient concentration level that exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (1) The actual emissions, as defined in this rule, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (Q)(3) ofthis rule; (2) The allowable emissions of major stationary sources that commenced constructionbefore the major source baseline date, but were not in operation by the applicable minor source baseline date. (3) The following will not be included in the baseline concentration and will affect the applicable maximum allowable iaefease(s) increase: (a) Actual emissions, as defined in this rule, from any major stationary source on which construction commenced after the major source baseline date; and (b) Actual emissions increases and decreases, as defined in this rule, at any stationary source occurring afterthe minor source baseline date. (R) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an air contaminant source project that are ofa.permanent nature. Activities that are considered to be included and excluded from this definition are further identifiedin rule 3745-31-33 ofthe Administrative Code.3745-31-01 7

(S) "Best available control technology" or "BACT" means an em1sswn limitation (including a visible emission standard) based on the maximum degree ofreduction for eachregulated NSRpollutantwhich wouldbe emittedfrom anyproposedmajor stationary source ormajormodification which the director, on a case-by-casebasis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for such major stationary source or major modification through application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions ofanypollutantthatwould exceedthe emissions allowedby any applicable standard under 40 CFR Parts 60, 61, and 63. Ifthe director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard, orcombination thereof, may be approved bythe director insteadto satisfY the requirement for the application ofBACT. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalentresults. (T) "Best available technology" or "BAT" means any combination ofworkpractices, raw material specifications, throughput limitations, source design characteristics, an evaluation ofthe annualized costperton ofair pollutantremoved, and airpollution control devices that have been previously demonstrated to the director of environmental protection to operate satisfactorily in this state or other states with similar air quality on substantially similar airpollution sources. (U) "CleanAirAct" means the federal Clean AirAct as ameadedNsvemeer 15, 199Q; 42 USC 7401 to 767lq. (V) "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or postcombustion stage, at a new or existing facility that will achieve significant reductions in air emissions ofsulfur dioxide or oxides ofnitrogen associated with the utilization ofcoal in the generation ofelectricity, or process steam, andthatis notin widespreaduse as ofNovember 15, 1990. (W) "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department ofEnergy-Clean Coal Technology," up to a total amount of two billion five hundred million dollars for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the United States environmental protection agency. The federal contribution for a qualifYing cleancoal technology demonstrationproject shallbe at least twenty per cent ofthe total cost ofthe clean coal technology demonstration3745-31-01 8

project. (X) "Cleaning solution" means liquid solvents or solutions usedto remove ink and debris from the operating surfaces ofthe printingpress and its parts. (Y) Reserved. (Z) "Commence" as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals orpermits andeitherhas: (1) Begun, or caused to begin, a continuous program ofactual on-site construction or the major stationary source or major modification, to be completed within areasonabletime; or (2) Entered into binding agreements or contractual obligations (which cannot be canceled or modified without substantial loss to the owner or operator) to undertake a program ofactual construction ofthe major stationary source or majormodificationto be completedwithin a reasonable time. (AA) "Commercial bakery" means an establishment that is primarily engaged in manufacturing fresh or frozen bread, bread-type rolls and dry bakery products (e.g. biscuits, crackers, and cookies). This definition does notinclude establishmentsthat produce bakery products primarily for direct sale on the premises to household consumers. (BB) "Complete", in reference to an application for a permit, means that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not preclude the directorfrom requesting or accepting any additional information. (CC) "Constructa majorMACT source" means: (I) Fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control andwhich emits orhas the potential to emitten tons peryear or more ofany HAP ortwenty-five tons peryear ormore ofany combination ofHAPs, or (2) Fabricate, erect, or install, at any developed site a new process or production unit which in and ofitselfemits orhas the potential to emit ten tons per year ormore ofany HAP ortwenty-five tons peryearormore ofany combination3745-31-01 

### 9

ofHAPs, unless the process orproductionunit satisfies the following criteria: (a) All HAPs emitted by the process orproduction unit that would otherwise be controlled under the requirements of rule 3745-31-28 of the Administrative Code will be controlled by emission control equipment which was previously installed at the same site as the process or productionunit; (b) One ofthe following determinationshas beenmade: (i) The directorhas determined within a period offive years priorto the fabrication, erection, or installation ofthe process or production unit that the existing control equipment represented the BACT, LAER, BAT, or MACT based on air toxics rules for the category of pollutants which includes those HAPs to be emitted by the process orproductionunit; or (ii) The director determines thatthe control ofHAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., will be equivalentto the level ofcontrol that would be providedby acurrentBACT, LAER, BAT, or air toxic MACT determination); (c) The director determines that the per cent control efficiency for emissions of HAPs from all sources to be controlled by the existing control equipment will be equivalentto the per cent control efficiencyprovided by the control equipment prior to the inclusion ofthe new process or productionunit; (d) The director has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (CC)(2)(a), (CC)(2)(b), and (CC)(2)(c) of this rule apply and concerning the continued adequacy of any prior LAER, BACT, BAT, or air toxic MACT determination; (e) If any commenter has assetied that a prior LAER, BACT, BAT, or air toxic MACT determination is no longer adequate, the director has detenninedthatthe level ofcontrol required bythat prior determination remains adequate; and (f) Any emission limitations, work practice requirements, or other terms and

### 3745-31-01 10

conditions upon which the above determinations by the permlttmg authority are predicated, will be construed as applicable requirements under Section 504(a) of the Clean Air Act and either have been incorporated into any existing Title V permit for the affected facility or willbe incorporatedinto suchpermituponissuance. (DD) "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition or modification of an emissions unit) thatwouldresult in achange in emissions. (EE) "Continuous emissions monitoring system" or "CEMS" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of this chapter, to sample, condition (ifapplicable), analyze, and provide a record of emissions on acontinuousbasis. (FF) "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissionrate (in terms ofmass perunit oftime). (GG) "Continuous parametermonitoring system" or "CPMS" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis chapter, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operationalparameter value(s) on acontinuousbasis. (HH) "Control technology" means measures, processes, methods, systems, or techniques, to limitthe emission ofHAPs including, butnot limitedto, measures that: (1) 

### Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution ofmaterials or other modifications; (2) Enclose systems orprocesses to eliminate emissions; (3) Collect, capture, or treat such pollutants when released from a process, stack, storage or fugitive emissions point; (4) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 USC 7412(h); or (5) Are acombination ofparagraphs (HH)(1) to (HH)(4) ofthis rule.3745-31-01 11

(II) "Criteria pollutant" means f!Brtiettlftte ffifttter PMlO. PM2.5, nitrogen oxides, VOCs, sulfur dioxide, carbon monoxide, lead or any other air pollutant for which a national ambient air quality standard has been promulgated under Section l09 of the CleanAirAct. (JJ) "Digital printing (direct-to-media printing) line" means a pnntmg line where the transfer of electronic files occurs directly from the computer to an electronically driven outputdevice thatprints the image directly onthe selected media (substrate). Electronic images and four-colorprocess images canbe printed virtually any size. (KK) "Distillate oil" means a petroleum product designated as number one fuel oil, numbertwo fuel oil (with less than orequal to 0.5 percentby weight sulfur), diesel fuel orkeroseneby the "AmericanPetroleumInstitute". (LL) "Electricutility steamgenerating unit" means any steam electric generatingunit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than twenty-five megawatt electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affectedfacility. (MM) "Emergency" means: C1) An emergency caused by flooding. damaging winds or tornado. fire. or other natural disaster. (2) An electric power outage due to a failure ofthe electrical grid. local supply equipmentfailure. orfacility equipment failure. (3) Any situation that the director determines to be an immediate threat to human health. propertv. orthe environment. Q:.'N) "Emergency engine" means a stationary reciprocating engine or a turbine engine which operates as an emergency or standby mechanical or electrical power source andis used only during the following: (1) Emergencies. (2) Any combination ofthe following purposes for a maximum of l00 hours per calendaryear: (a) Maintenance checks and readiness testing. movided that the tests are recommended by federal. state or local government. the manufacturer.3745-31-01 12

the vendor. the regional transmissiOn organization or equivalent balancing authority and transmission operator. or the msurance company associated with the engine. Cb) Emergency demand response for periods in which the regional transmiSSion authority or eguivalent balancing authority and transmission operatorhas declared an Energy Emergency Alert Level 2 (EEA Level 2) as defined in the "North American Electric Reliability Corooration Reliability Standard EOP-002-3. Capacity and Energy Emergencies." (c) Periods where there is a deviation ofvoltage or frequency offive percent or greaterbelow standard voltage orfrequency. (d) Operation ofup to fifty hours percalendar year to supplypower as partof a financial arrangement with another entity if all ofthe conditions in paragraph (NN)(d)(i) to CNN)(d)!v) ofthis rule are met. The fifty hours of non-emergency operation are counted as part of the one hundred hours per calendaryear described inparagraph (NN)(2) ofthis rule. Ci) The engine is dispatched by the local balancing authority or local transmission and distribution system operator. (ii) The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential voltage collapse or line overloads that could lead to the interruption ofpower supply in alocal area orregion. (iii) The dispatch follows reliability. emergency operation or similar protocols that follow specific NERC. regionaL state. public utility commission or local standards or guidelines. (iv) The power is provided only to the facility itselfor to support the local transmission anddistribution system. (v) The owner or operator identifies and records the entity that dispatches the engine and the specific NERC. regionaL state. public utility commission or local standards or guidelines that are being followed for dispatching the engine. The local balancing authority or local transmission and distribution system operator maykeep these records on behalfofthe engine owner or operator. (e) The fifty hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response. or to generate income for a facility to supply power to an electric grid or otherwise supply power as part of a financial arrangement with another entity unless the conditions in paragraph (NN)!2)(d) ofthis rule are met.3745-31-01 13

**~(00)** "Emissions unit" means any part ofa stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generatingunit. Aircontaminant sources that do not emitorwould not have the potential to emit any regulated NSR pollutant but which emit a pollutant regulatedunder state law are not considered emissions units. There are two types of emissionsunits: (1) A "new emissions unit" means any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emissionsunitfirst operated. (2) An "existing emissions unit" means any emissions unit that does not meet the requirements in paragraph (MM)(l) (00)(1) ofthis rule. A replacement unit, as definedinthis rule, is an existing emissions unit.

**~** "Express permit-to-install" or "express PTIO" means a registration status pe1mit-to-install orregistration status PTIO that is registered for express processing and issuance pursuant to paragraph (G) ofrule 3745-31-05 ofthe Administrative Code andpursuantto the division (A) ofsection 3704.037 ofthe Revised Code.

**~(QQ),** "Facility" means all ofthe air contaminant sources that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control) except the activities of any vessel and those emissions resulting directly from an internal combustion engine for transportation purposes or from a non-road engine ornon-road vehicle as defined in Section 216 ofthe CleanAirAct. Aircontaminant sources shall be considered as partofthe same industrial grouping iftheybelongto the same major group (i.e., they have the same two-digit code) as described in the "StandardIndustrial ClassificationManual." fPF1CRRl "Federal land manager" means, with respect to any lands in the United States, the secretary ofthe departmentwith authority over such lands.

**~(SS)** "Federally enforceable" means all limitations and conditions that are enforceable by the administrator (of the United States environmental protection agency), including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, requirements within the Ohio state implementation plan that implements the requirements of the Clean Air Act, any permit requirements designated as federally enforceable established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permit requirements designated as federally enforceable issued under an United States environmental protection agency-approved program that is incorporated into the

### 3745-31-01 14

Ohio state implementation plan and expressly requires adherence to any permit issuedunder suchprogram. 

### tR*lCITI "Fountain solution additives" means volatile and non-volatile chemicals, alcohols, and other additives, which are blended with water to form the fountain solution used in the lithographic printingprocess.**~lll.ID** 

### "Fugitive emissions" means those emissions that cannot reasonably pass through a stack, chimney, vent or otherfunctionally equivalent opening. tffl(VV) 

### "Generalpermit" means a generalpermit-to-install or ageneral PTIO.**~O:Y}Y}** 

### "General permit-to-install" or "general PTIO" means a permit-to-install or PTIO issuedunderrule 3745-31-29 ofthe Administrative Code.**~** 

### "Greenfield site" means a contiguous area under common control that is an undeveloped site.**~** 

### "Hazardous air pollutant" or "HAP" means any air pollutant listed in, or pursuantto, Section 112(b) ofthe Clean Air Act.**~** 

### "High terrain" means any area having an elevation ofnine hundred feet or more above the base ofthe stack ofa stationary source. f¥¥1CAAA) "Indian governing body" means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessingpowerofself-government.**~(BBB)** 

### "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act ofcongress. (t'n'\A)CCCC) "Innovative control technology" means any system ofair pollution control that has not been adequately demonstrated inpractice, but would have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or ofachieving at least comparable reductions at lower costin terms ofenergy, economics ornon air quality environmental impacts.**~CDDD)** 

### "Install" or "installation" means to begin actual construction, erect, locate or affix any air contaminant source. (CCC)(EEE) "Job" means the total area or areas to be refinished or repainted on an

### 3745-31-01 15

automobile orlight Elt!tj·

### truckby an auto bodyrefinishing facility.

**~** 

### "Letterpress printing line" means aprinting process where the image area is raised relative to the non-image area and the paste ink is transferred to the paper directly from the image surface withoutthe use ofan anilox roller. fEBE1(GGG) "List of source categories" means the source category list required by Section 112(c) ofthe Clean AirAct. fFFF1(HHH) "Low terrain" means any area otherthan high terrain. fGGG10l!.) 

### "Lowest achievable emissionrate" or "LAER", for any emissions unit, means the more stringentrate ofemissionsbased on the following: (1) 

### The most stringent emission limitation that is contained in the implementation plan of any state for such class or category of emissions unit, unless the owner or operator of the proposed emissions unit demonstrates that such limitations are not achievablej-ffi'" (2) The most stringentemission limitationthatis achieved in practice by such class or category of emissions unit. This limitation, when applied to a major modification, means LAER for the new or modified emissions units within the stationary source. In no event shall the application ofthis term permit a proposed new or modified emissions unit to emit any air pollutant in excess of the amount allowable under applicable new source standards of performance. (IIIIH)(JJJ) "MACT determination" means any combination of emission limitations, work practices, raw material specifications, throughput limitations, source design characteristics, and air pollution control devices that achieve the level of HAP controlrequired byparagraph (E) ofrule 3745-31-28 ofthe Administrative Code. fH8(KKK) "Major MACT source" means any process or production unit that in and of itself has the potential to emit ten tons per year or more of any single HAP or twenty-five tons peryear ormore ofany combination ofHAPs. ff!J)(LLL) "Majormodification" means: Any J9hysieal ehtffige in er ehtffige in the metheEi efej9eratien efa majer statienary seHree that .,.,

**et~!Ei**resHlt in: (ll 

### Any physical change in or change m the method of operation of a major

### 3745-31-01 16 

### stationary source that wouldresult in acombination ofthe following: 

## fBW A significant emissions increase ofaregulatedNSR**pollutant;-tffiti~** 

### f.tt.Qll A significant net emissions increase ofthat pollutant from the major stationary source. [Comment: Except as otherwise provided in Riles**37~5** 

### 31 31 

## Bf!a rule 3745-31-32 of the Administrative Code, and consistent with the definition ofmajormodification, aNSRproject is a major modification for a regulated NSR pollutant if it causes two types of emissions increases; a significant emissions increase and a significant net emissions increase. The NSR project is not a major modification ifit does not cause a significant emissions increase. If the NSR project causes a significant emissions increase, then the NSR project is a major modification only if it also results in a significant net emissions increase.] 

### f-'till Any significant emissions increase from any emissionsunits ornet emissions increase at a major stationary source that is considered significant for VOCs or nitrogen oxides shallbe considered significant for ozone.**~ill** 

### The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type of emissions units being modified, according to paragraphs**(JJJ)(~)(a)** 

### te (JJJ)(4)(e) 

### (LLL)(4)(a) to CLLL)(4)(c) ofthis rule. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in paragraph 

### fFFB (VVV) of this rule. Regardless of any such preconstruction projections, a major modification results ifthe NSR projectcauses a significantemissions increase and a significantnet emissions increase. (a) Actual-to-projected-actual applicability test for NSR projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the projected actual emissions and the baseline actual emissions, for each existing em!ss1ons unit, eqnals or exceeds the significant amount for that pollutant. (b) Actual-to-potential testfor NSR projects that only involve construction of anew emissions ttffi4Es1unit.3745-31-01 17

A significant emiSSions increase of a regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the potential to emit from each new emissions unit following completion ofthe NSR project and the baseline actual emissions ofthese emissions units before the NSR project equals or exceeds the significant amount for that pollutant. (c) Hybrid test for NSR projects that involve multiple types of emissions units. A significant emiSSIOns increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (JJJ)(4)(a) ts (JJJ)(4)(13) (LLL)(4)(a) to (LLLl(4)(b) ofthis rule as applicable with respectto each emissions unit, for each type ofemissions unit equals or exceeds the significant amount for thatpollutant. 

## f§-lill A physical change orchange inthe method ofoperation shall not include the following: (a) Routine maintenance, routinerepair, androutine replacement;-. (b) Use of an alternative fuel or raw material by reason of an order under Section 2(A) and (B) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orby reason ofa natural gas curtailmentplanpursuantto the FederalPowerAct;. (c) Use ofan alternative fuel byreason ofan order orrule under Section 125 ofthe Clean AirAct;. (d) Use ofan alternative fuel at a steam generating unit to the extent that the fuel is generatedfrom municipal solid waste;-. (e) Use ofan alternative fuel or raw material by a stationary source that does one ofthe following: (i) For nonattainment NSR purposes, the stationary source was capable ofaccommodatingbefore December21, 1976, unless such change would be prohibited under any federally enforceable permit condition that was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFRPart 51, SubpartI or40 CFR 51.166;--eF.3745-31-01 18

(ii) For PSD purposes, the stationary source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR Part 51, SubpartI or40 CFR 51.166t-ff" (iii) The stationary source is approved to use under any effective and applicable nonattainmentNSRpermitorPSD permit;" (f) An increase inthe hours ofoperationor inthe productionrate, unless such change is prohibited under any federally enforceable permit condition that was established afterthe following: (i) For nonattainmentNSRpurposes, December21, 1976 pursuantto 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part51, SubpartI or40 CFR 51.166j-ff" (ii) For PSD purposes, January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approvedpursuantto 40 CFRPart 51, SubpartI or40 CFR51.166. (g) Any change in ownership ata stationary source;" (h) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the temporary clean coal technology demonstration project complies with the following: (i) The Ohio state implementationplan;-frfttt (ii) Other requirements necessary to attain and maintain the national ambient air quality standard during the temporary clean coal technology demonstrationproject and after itis terminated. (i) For PSD purposes only, the installation or operation ofa permanent clean coal technology demonstration project that constitutes repowering, providedthattheprojectdoes notresult in an increase inthepotentialto emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutantbasis.3745-31-01 19

(j) For PSD purposes only, the reactivation ofa very clean coal-fired electric utility steam generating unit. 

### f6till This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under rule 3745-31-32 ofthe Administrative Code for a PAL for that pollutant. Instead, the definition under paragraph (IIIHIII) (JJJJ) of this rule shall apply. (KKK)(MMM) "Major source baseline date" means: (I) In the case ofa fllirtieHlate ffia+i:er PM10 and sulfur dioxide, January 6, 1975;

**ffiffi~** (2) In the case ofnitrogen dioxide, February 8, 1988. (3) Inthe case ofPM2.5. October 20. 2010. 

## f.Bill The baseline date is established for each pollutant for which increments or other equivalentmeasures have been established ifthe following apply: (a) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) ofthe CleanAir Act for the pollutant on the date ofits complete application under 40 CFR 52.21 or the requirements of rules 3745-31-11 to 3745-31-20 ofthe Administrative Code;-MEt (b) In the case ofamajor stationary source, the pollutantwould be emitted in significant amounts, or in the case ofamajormodification, there would be a significantnet emissions increase ofthe pollutant. fbhb-)CNNN) "Major stationary source" means any stationary source or any group of stationary sources that are described in paragraph (LLL)(1) CNNN)(l) or (LLL)(2) (NNN)C2) ofthis rule except as restricted under paragraphs (LLL)(3) te (LLL)(5) (NNN)C3l to CNNN)C5) ofthis rule. (I) For stationary sources located in a nonattainment area for a given regulated air pollutant: Any stationary source ofair pollutants that emits, or has the potential to emit one hundredtons peryear ormore ofthe given regulatedNSRpollutant, or3745-31-01 20

(2) For stationary sources located in an attainment area for a given regulated air pollutant: (a) Any ofthe following stationary sources ofair pollutants that emits, orhas the potential to emit, one hundred tons per year or more of any regulatedNSRpollutant: (i) Fossil fuel-fired steam electric plants ofmore than two hundred fifty million British thermal units perhourheatinputt. (ii) Coal cleaningplants (with thermal dryers)t. (iii) Kraft pulp millst. (iv) Portland cementplants;. (v) Primary zinc smelters;. (vi) Iron and steel millplants;. (vii) Primary aluminum ore reductionplants;. (viii) Primarycopper smelters;. (ix) Municipal incinerators capable ofcharging more than F.\'8 fittadre<l fifty tons ofrefuse perday;. (x) Hydrofluoric, sulfuric or nitric acidplants;. (xi) Petroleumrefineries;. (xii) Limeplants;. (xiii) Phosphaterock processingplants;. (xiv) Coke ovenbatteries;. (xv) Sulfurrecoveryplants;.3745-31-01 21

(xvi) Carbon blackplants (furnace process

### h. (xvii) Primary lead smelters;. (xviii) Fuel conversionplants;. (xix) Sinteringplantst. (xx) Secondarymetal productionplants;. (xxi) Chemical process plants except for ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;. (xxii) Fossil fuel boilers (or combinations thereof) totaling more than two hundred fifty million British thennal units per hour heat input;. (xxiii) Petroleum storage and transfer units with atotal storage capacity exceedingthreehundredthousand barrels;. (xxiv) Taconite ore processingplants;. (xxv) Glass fiber processingplants-;-ttl*l. (xxvi) Charcoal productionplants;-tlf. (b) Notwithstanding the stationary source size specified in paragraph (LLL)(2)(a) (NNN)(2)(a) ofthis rule, any stationary source that emits, or has the potential to emit, two hundred fifty tons per year or more of any regulatedNSRpollutant. (3) A major stationary source that is major for VOCs or nitrogen oxides shall be consideredmajor for ozone. ( 4) The fugitive emissions ofa stationary sourceto the extent quantifiable shall not be included in determining for any ofthe purposes ofthis rule whether it is a major stationary source, unless the stationary source belongs to one of the following categories ofstationary sources:3745-31-01 22

(a) Coal cleaningplants (withthermal dryers);. (b) Kraftpulp millst. (c) Portland cementplants;. (d) Primary zinc smelters;. (e) Iron and steel mills;. (f) Primary aluminum orereduction plants;. (g) Primary copper smelters;. (h) Municipal incinerators capable of charging more than twe fiHnaFea fifty tons ofrefuseperday;. (i) Hydrofluoric, sulfuric, ornitric acidplants;. G) Petroleum refineries;. (k) Limeplants;. (I) Phosphate rock processingplants;. (m) Coke ovenbatteries;. (n) Sulfurrecovery**plantst~** (o) Carbonblackplants (furnaceprocessk (p) Primary lead smelters;. (q) Fuel conversionplants;. (r) Sinteringplants;. (s) Secondarymetalproductionplants;.3745-31-01 23

(t) Chemical process plants except for ethanol production facilities that produce ethanol by natural fennentation included in NAICS codes 325193 or312140;. (u) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty millionBritishthermal units perhourheat input;. (v) Petroleum storage and transfer units with a total storage capacity exceedingthree hundredthousand barrels;. (w) Taconite ore processingplants;. (x) Glass fiber processingplants;. (y) Charcoal productionplants;. (z) Fossil fuel-fired steam electric plants of more than two hundred fifty millionBritishthermal units perhourheatinput;. (aa) Any other stationary source category which, as ofAugust 7, 1980, is beingregulatedunder Section 111 or 112 ofthe Clean AirAct. (5) Any physical change that would occur at a stationary source not qualifying underparagraph

### fhbbt CNNN) ofthis rule as amajor stationary source would be considered a major stationary source, if the change would constitute a major stationary sourceby itself. (MMM)COOO) "Maximum achievable control technology emission limitation for new sources" or "MACT emission limitation for new sources" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree ofreduction in emissions that the director, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed orreconstructedmajorMACT source. CNJ>fN)CPPP) "Maximum uncontrolled emissions" (only used for express permit-to-install or express PTIO processing ) means the amount of emissions from the air contaminant source in tons per year calculated at the maximum operating capacity ofthe air contaminant source based upon operating eight thousand seven hundred sixty hours peryearinthe absence ofcontrol equipment.3745-31-01 24

(OOO)COOQ) "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or the requirements ofrules 3745-31-11 to 3745-31-20 ofthe Administrative Code submits a complete application under the relevant regulations. The trigger date is: (1) In the case of a J31il'tiettlate ffilitter PMl0 and sulfur dioxide, August 7, 1977t flflEI. (2) In the case ofnitrogen dioxide, February 8, 1988. (3) In the case ofPM2.5. October 20. 2011. fl-1(1), The baseline date is established for each pollutant for which increments or otherequivalent measures have been establishedifthe following apply: (a) The area in which the proposed source ormodification would construct is designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) ofthe Clean Air Act for the pollutant on the date ofits complete application under 40 CFR 52.21 or the requirements of rules 3745-31-11 to 3745-31-20 ofthe Administrative Code;-tlflfl. (b) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, orinthe case ofa majormodification, there would be a significantnet emissions increase ofthe pollutant. f4)(ilAny minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PMlO increments, except that the director may rescind any such minor source baseline date where it can be shown, to the satisfaction ofthe director, that the emissions increase from the major stationary source, or the net emissions increase from the majormodification, responsible for triggering that date did notresult in a significant amountofPM10 emissions. tpP-IlJCRRR) "Model general permit" means a document that the director has developed that includes a definition ofa category ofair contaminant source, a description of the qualifications that must be met for that category ofsource and model terms and conditions that will be used as a general permit for any qualified air contaminant source. (QQQ)CSSS) "Modify" or "modification" means:

### 3745-31-01 25

(1) 

### Any physical change in, or change in the method ofoperation of: (a) Any air contaminant source that: (i) Results in an increasein the allowable emissions; or (ii) Results in an increase in emissions ofgreater than the de minimis levels in rule 3 7 45-15-05 ofthe Administrative Code ofany type ofair contaminantnotpreviously emitted; or (iii) Results in the relocation ofthe air contaminant source to a new facility, including, but not limited to, the movement of any existing air contaminant source from another state, county, or other geographic location; or (iv) Is otherwise defined as a major modification, or is defined as a modification under applicable regulations promulgated by the administrator of the United States environmental protection agency regarding new source performance standards or national emission standards for hazardous pollutants, or is either a new source or a reconstruction under applicable rules promulgated by the administratorunder Section 112 ofthe Clean Air Act. (v) 'Modify' or 'modification' shall not include routine maintenance, routine repair, and routine replacement; use ofan alternate fuel or raw material that the source is capable ofaccommodating and is not expresslyprohibited from using under any permitcondition or applicable requirement ofthe Clean Air Act; an increase in the hours ofoperation or in the production rate that is not expressly prohibited under any permit condition or applicable requirement of the Ohio environmental protection agency or the Clean Air Act. (vi) 'Modify' or 'modification' shall not include pollution control or pollution prevention projects that the director has determined, in writing, are environmentally beneficial. Environmentally beneficial projects do not include those that cause orcontribute to a violation of a national ambient air quality standard, cause or contribute to aviolation ofan incrementperparagraph (B) ofrule 3745-31-1 I of the Administrative Code, adversely impact a visibility limitation, or are expressly prohibited under any Ohio environmental protection agency or Clean Air Act permit

### 3745-31-01 26

condition orapplicable requirement. (vii) 'ModifY' or 'modification' shall not include allowable emtsswn increases due to an alternative emission limit that satisfies the criteria set forth in division (E) ofsection 3704.03 ofthe Revised Code and is consistent with division (K) of section 3704.036 of the Revised Code. (b) Any significant air contaminant source project that, for the specific air contaminant or air contaminants for which the air contaminant source project is classified as a significant air contaminant source project, results in an increase in the ambient air quality impact of the air contaminant source project greater than the following levels as determined by atmospheric dispersion modeling or by another method acceptable to the director: (i) Carbon monoxide

- five hundred seventy-five ).lg/m3

, 

### eight-hour averaget. (ii) Nitrogen dioxide

- fourteen ).lg/m3

, hveHf)' fslH' fielH' 

### annual averaget. (iii) Tete! sttsj'leHaea J3Brtiettlete tefl j±g/Tn3

, l"Neflf)· felH' fieffi' &;erage; (iv) Sttlfflfaielliae fifteefl j±g/m?, tweflty felH' helH' average; (v) Leaa G.l j±g/TH3

,twe-ffiy fettr fieffi' aveFage; er 

### (iii) Directly emitted particulate matter less than 2.5 mterons (PM2.5)-four uglm3. twenty-four-houraverage. (iv) Particulate matter less than ten microns CPMlO)

- ten ug/m3. twenty-four-houraverage. (v) Sulfur dioxide- thirteen ug/m3. twenty-four-houraverage. (vi) Lead- 0.1 ug/m3. three-month average .**~"Municipal** 

### solid waste landfill" or "MSW landfill" means, as definedunder paragraph (B)(l4) of rule 3745-76-01 of the Administrative Code, an entire disposal facility in a contiguous geographical space where municipal solid waste is placed and regulated in accordance with Chapters 3745-27 and 3745-37 of the Administrative Code and excludes scrap tire monofills. A MSW landfill may also receive othertypes ofResource Conservation andRecovery Act (RCRA) SubtitleD

### 3745-31-01 27

wastes (rule 3745-50-10 of the Administrative Code) such as commercial solid waste, nonhazardous sludge, and industrial solid waste. Portions ofa MSW landfill may be separated by access roads. A MSW landfill may be publicly or privately owned. A MSW landfill maybe anewMSW landfill or existing MSW landfill. t£&S1CUUU) "Necessary pre-construction approvals or permits" means those permits or approvals required under federal air pollution control laws and regulations and those air pollution control laws and regulations that are part of the federally approved Ohio state implementationplan. fi=+BCVVV) "Net emissions increase" means, with respect to any regulated NSR pollutant emittedby amajor stationary source, the amount by which the sum ofthe following, except as limitedby paragraph (TTT)(3) (VVV)(3) ofthis rule, exceeds zero: (!) 

### Any increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated under this rule; and (2) Any other increases and decreases in actual emissions at the stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under paragraph

## ETTTl (VVV) ofthis rule shall be determined as provided in paragraph (0) ofthis rule, except that paragraphs (0)(1)(c) and (0)(2)(d) of this rule shall not apply. (3) The following subparagraphs limit paragraphs (TTT)(l) CVVV)(l) and (TTT)(2) (VVV)(2) ofthis rule: (a) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs llet.veea !fie Elftte five years llefere eeaslftte:4ea ea tile fl!!Ftie;ilar eh!!flge eemraeaees !!flcl 

### the clate !fiat tl:e iflerease frem !fie flE!I"tietilar eh!!flge eeears; 

### within the period beginning five years prior to the date on which the owner or operator ofthe facility expects construction to commence. as stated in the initial complete application for an installation permit for a new or modified emission unit for the particular change or project. and ending on the date when the new or modified emissions unit becomes operational andbegins to emit apollutant. (b) 

### An increase or decrease in actual emissions is creditable only if the director has not relied on it in issuing a permit for the stationary source under regulations approved pursuant to this rule, which permit is in effect when the increase in actual emissions from the particular change

### 3745-31-01 

### 28

accurst.:. (c) For PSD purposes only, an increase or decrease in actual emissions of sulfur dioxide, nitrogen oxide, or particulate matter that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. Only PM10 emissions shall be usedto evaluate the net emissions increase for PM1**0;~** 

### (d) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old**level;~** 

### (e) A decrease in actual emissions is creditable only !e !he eJllefll !hal 

### ifthe following apply: (i) The old level of actual emJsstons or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;:. 

### (ii) It

### The decrease is enforceable as a practical matter at and after the time that actual construction on the particularchange**begins;~** 

### (iii) HThe decrease has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular**change;~** 

### (iv) For nonattainment NSR purposes only, the director has not relied on it in issuing any permit under regulations pursuant to 40 CFR Part 51, Subpart I or the director has not relied on it in demonstrating attainmentorreasonable further**progress;~** (f) 

### An increase that results from a physical change at a stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular air pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty**days~~** 

### (g) Paragraph (C)(l) 

### ofthis rule shall not apply for determining creditable increases and decreases orafter achange. (UUU)CWWW) 

### "New source" means any air contaminant source for which an owner or3745-31-01 29

operator undertakes a continuing program ofinstallation or modification or enters into a binding contractual obligation to undertake and complete, within a reasonable time, a continuingprogram ofinstallation ormodification, afterJanuary I, 1974, and that at the time ofinstallation or modification, would have otherwise been subject to the provisions of this chapter. The replacement of an entire air contaminant source is considered anew source. (VVV)CXXX) "New source review project" or "NSR project" means a physical change in, or change in the method ofoperation of, an existing major stationary source for which apermit-to-install or apermit-to-install and operate is required. (WVA'')(YYY) "Nonattainment" or "nonattainment area," for a given pollutant, for purposes of determining applicability of Cha]9ter 37j5 31 ef the Adffiiaistrati've Geae this chapter, means that the area has been designated as nonattainment in 40 CFR 81.336. (XXX)CZZZ) "Nonattainmentnew sourcereview permit" or "nonattainmentNSR permit" means any penni! that is issued under a major source preconstruction permit programthathas been approvedby the administrator and incorporated into aplanto implement the requirements of40 CFR 51.165, or a program that implements 40 CFR Part 51, Appendix S, SectionsI through VI. (YYY)CAAAA) "Non-heatset" means an offset lithographic printing process where the printing inks dry by oxidation and absorption without the use of heat. For the purposes of this chapter, ultraviolet-cured (UV) and electron beam-cured inks employedin an offset lithographicprintingprocess are considerednon-heatset.

**~CBBBB)** "Non-methane organic compound" or "NMOC" has the same meaning as found in paragraph (B)(16) ofrule 3745-76-01 ofthe Administrative Code. (AAAA)CCCCC) "Non-road engine" means, as definedunder40 CFR 89.2: (I) Except as discussed in paragraph (AAAA)(2) CCCCC)C2) of this rule, a non-road engine is any internal combustion engine: (a) In or on a piece of equipment that is self-propelled or serves a dual purpose byboth propelling itselfandperforming another function (such as garden tractors, off-highway mobile cranes and bulldozers); or (b) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and stringtrimmers); or

### 3745-31-01 30

(c) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable ofbeing carried or moved from one location to another. Indicia oftransportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. (2) An engine is not anon-road engine ifany ofthe following apply: (a) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under Section 202 ofthe Clean Air**Act;-er~** 

### (b) The engine is regulated by a federal new source performance standard promulgatedunder Section 111 ofthe CleanAir**Act;-er~** 

### (c) The engine otherwise included in paragraph (AAAA)(l)(e) CCCCC)(])(c) ofthis rule remains or will remain at a location for more than twelve consecutive months or a shorter period oftime for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) thatreplaces an engine at alocation andthatis intended to perform the same or similarfunction as the engine replaced will be included in calculating the consecutive time period. An 

### engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (ormore) each year. This paragraph does not applyto an engine after the engine is removed from the**location;-er~** 

### (d) Engines used in aircraft as defined in 40 CFR**87.l(a);-er~** 

### (e) Engines used in underground mining or engines used in underground mining equipment and regulated by the "Mining Safety and Health Administration" (MSHA) in 30 CFR Parts 7, 36, 56, 57, 70, and**75;-er~** (f) 

### Engines subject to the standards of40 CFR Part 92 (engines exempted from the requirements of40 CFR Part 92 under 40 CFR 92.907 are subjectto the requirements of40 CFR Part**89);-er~** 

### (g) Engines used in marine vessels as defined in 1 USC 3, ifthose engines have aratedpowerat or above thirty-seven**kilowatts;-er~**3745-31-01 31

(h) Engines with a per cylinder displacement of less than fifty cubic centimeters. (BBBB)CDDDD) "Ohio state implementation plan" means the plan submittedbythe state ofOhio to, and approvedby, the United States environmental protection agency in response to Section 110 ofthe CleanAirAct. (CCCC)CEEEE) "Organic compounds" or "OC" means any chemical compound containing carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, ammonium carbonate, non landfill gas methane and ethane. (DDDD)CFFFF) "PAL allowable emissions" means allowable emissions as defined inthis rule, except as this definition is modified underthis paragraph. (1) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potentialto emit. (2) An emissions unit's potential to emit shall be determined using the definition in paragraph (VYYV) CBBBBB) of this rule, except that the words or enforceable as apracticalmatter should be added after federally enforceable. (EEEE)CGGGG) "PAL effective date" generally means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit, which is part ofthe PAL major modification, becomes operational andbegins to emitthe PALpollutant. (FFFF)CHHHH) "PAL effective period" means the period beginning with the PAL effective date and endingten years later. (GGGG)(IIII) "PAL major emissions unit" means either ofthe following: (1) Any emissions unit that emits orhas the potential to emit one hundred tons per yearormore ofthe PALpollutantin an attainment

**areaj-ff~** (2) Any emissions unit that emits orhas the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) ofthe Clean Air Act, an emissions unit wouldbe aPAL major3745-31-01 32

emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits orhas the potential to emit fifty or more tons ofVOCperyear. (IIIHHI)(JJJJ) "PAL major modification" means, notwithstanding this rule (the definitions for majormodification and net emissions increase), anyphysical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PALpollutant at a level equal to or greaterthan the PAL. (HII)(KKKK) "PAL permit" means the permit-to-install issued by the director that establishes, incorporates ormodifies a PAL for amajor stationary source. f.l'fi:BCLLLL) "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source. (J{}d(K)(MMMM) "PAL significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significantlevel as defined in this rule orinthe Clean Air Act whichever is lowerfor that PALpollutant, but less than the amountthatwould qualify the unit as a PALmajor emissionsunit as defined in this rule. (LLLL)(NNNN) "PAL small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in this rule or in the Clean Air Act, whichever is lower. (MMMM)(OOOO) "Particulate matter" shall have the same meaning as found in rule 3745-17-01 ofthe Administrative Code. (NNJ>!J>J)(PPPP) "Particulate matter emissions" shall have the same meaning as found in rule 3745-17-01 ofthe Administrative Code. (0000) "Perri:J.anent" means that emission reductions used to offset emission increases are assured for the life of the corresponding increase through a federally enforceable mechanism. through restrictions that are legally and practically enforceable by the state. or because emissions are no longer physically or operationally possible. whether the corresponding increase is limited or unlimited in duration. (OOOO)(RRRR) "Person" means the federal government or any agency thereof, the state or any agency thereof, any political subdivision, or any agency thereof, or any public orprivate corporation, individual, partnership, or otherentity.3745-31-01 33

(PPPP)CSSSS) "Plantwide applicability limitation" or "PAL" means an emiSSIOn limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance withparagraphs (A)(l)to (A)(l3) ofrule 3745-31-32 ofthe Administrative Code. ITTTT) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measuredby a reference methodbased on 40 CFR Part 50 Appendix L and designated in accordance with 40 CFR Part 53 or an equivalentmethod designated in40 CFR Part53. !UUUU) "PM2.5 direct emissions" means solid particles. with an aerodynamic diameter less than or equal to nominal 2.5 micrometers. emitted directly from an air emissions source or activitv. or gaseous emissions or liquid droplets from an air emissions source or activity which condense to fonn particulate matter at ambient temperatures. Direct PM2.5 emissions include elemental carbon. directly emitted organic carbon. directly emitted sulfate. directly emittednitrate. and otherinorganic particles (includingbutnotlimitedto crustalmaterial. andmetals). CVVVV) "PM2.5 emissions" means finely divided solid or liquid material. with an aerodynamic diameter less than or equal to nominal 2.5 micrometers that is or has been emitted to the ambient air as measuredby an applicable reference method. or an equivalentoralternative method. specified in 40 CFR Part51. AppendixM. CWWWWl "PM2.5 precursor" means those air pollutants other than PM2.5 direct emissions that Ohio EPA has demonstrated with USEPA approvaL significantly contribute to the fonnation ofPM2.5 in a specific area. PM2.5 precursors include sulfurdioxide and nitrogen oxides. (QQQQ)(XXXX) "PM1 0" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a reference method based on 40 CFR Part 50, Appendix J and designated in accordance with 40 CFR Part53 or an equivalentmethod designatedin 40 CFRPart 53. (R..'tRR)CYYYY) "PMIO emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten micrometers that is or hasbeen emittedto the ambient air as measuredby an applicablereference method, or an equivalentor alternative method, specifiedin 40 CFRPart51, AppendixM. (SSSS) ReseF¥ea. (TTTT)(ZZZZ) "Pollution prevention" means any activity that through process changes, product reformulation or redesign, or substitution ofless polluting raw materials, eliminates orreduces therelease ofairpollutants (including fugitive emissions) and otherpollutants to the environmentpriorto recycling, treatment, ordisposal; it does3745-31-01 34

not mean recycling (other than certain m-process recycling practices), energy recovery, treatment, or disposal. (UUUU)CAAAAA) "Portable source" means an air contaminant source that, in the director'sjudgment, is specifically designed to be transferred to a new site as needs warrant. (VV\D/)CBBBBB) "Potential to emit" means the maximumcapacity ofan emissions unit or stationary source to emit an air pollutant under its physical and operational design. Anyphysical or operational limitation on the capacity ofthe emissions unit or stationary source to emit an air pollutant, which includes any federally regulated airpollutant as defined inparagraph (DD) ofrule 3745-77-01 ofthe Administrative Code, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissions is federally enforceable or legally and practicably enforceable by the state. Secondary emissions do not count in determining the potential to emit ofa stationary source. (WW'NW)CCCCCC) "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emission rate (for example, poundsperhour) on a continuousbasis. (XXXX)CDDDDD) "Prevention of significant deterioration increment" or "PSD increment" means an allowable increment specified in paragraph (B) of rule 3745-31-11 ofthe Administrative Code. (YYYY)IEEEEE) "Prevention of significant deterioration permit" or "PSD permit" means any permit that is issued under a major source preconstruction permit program that has been approvedby the administrator and incorporated into the plan to implement the requirements of40 CFR 51.166, orunder the program in 40 CFR 52.21. (:b:b:b:b)CFFFFF) "Process or production unit" means any collection ofstructures and/or equipment that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain morethan oneprocess orproductionunit. [Comment: The definition ofa process orproductionunit canbe detem1ined bythe intermediate product of a process. For example, at a plant which manufactures3745-31-01 35

fiberglass reinforced plastic boats, the owners wish to add more spray guns to an existing fabrication line to supplement existing spray guns in laminating a particular model ofboat hulls. The new spray guns will have a potential to emit greater than ten tons per year ofa single HAP. In this example, the fiberglass hull ofa boat is an intermediate product in the manufacture ofa final product (aboat). The collection of equipment needed to manufacture the intermediate product includes the new spray guns, the existing spray guns, the laminating operation, and other supporting equipment. Because the new spray guns in and ofthemselves do notproduce the intennediate product,they are notin and ofthemselves a process or production unit, and therefore are not subject to review under rule 3745-31-28 of the Administrative Code. Other examples ofthe applicability ofthis definition are found at 61 Fed. Reg. 68391-68392 (December 27, 1996).] (AAAAA)(GGGGG) "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe five years (twelve-month period) following the date the emissions unit resumes regular operation after the NSR project, or in any one ofthe ten years following that date, ifthe NSRproject involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the emissions unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In detem1ining the projected actual emissions under this rule before beginning actual construction. the owner or operator ofthe major stationary source shall do the following: (1) IR EleteFTRiRiRg tile J3FejeeteEl aeffial emissieRs !lflEler tllis Rile llefere llegiimiRg aetttal eeRstftletien, the e·.vtter er8J3erater eftlleR1ajer statieRR!)' seHFee: 

## Will Shall eensiElerConsider all relevant information, including but not limited to, historical operational data, the company's ownrepresentations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and complianceplans underthe approvedplan; and 

## fll1ill Shall ittelttEleinclude fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and 

## fe-lill Shall ellelttEleExclude, in calculating any increase in emissions that results from the particularNSRproject, thatportion ofthe emissions unit's emissions following the NSR project that an existing emissions unit could have accommodated during the consecutive twenty-four-month period used to establish the baseline actual emissions under paragraph (0) ofthis mle and3745-31-01 36

that are also unrelated to the particular NSR project, including any increased utilization due to productdemand growth; or, 

### W® In lieu of using the method set out in paragraphs (AAAAA)(l)(a) ts (AAAAA)(l)(e) (GGGGGl!l) to (GGGGG)(3) ofthis rule, may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (VVVV) (BBBBB) ofthis rule. (BBBBB)(HHHHHl "PTIO" or "permit-to-install and operate" means a permit-to-install and a permit-to-operate applicable to air contaminant sources not located at facilities subjectto Chapter 3 745-77 ofthe Administrative Code. (IIIII) "Publiclyownedtreatment works" or "POTW" means any device or systemusedin the treatment (including recycling and reclamation) of domestic sewage or industrial waste ofa liQuid nature that is ownedby a municipality. county or state entity oranypublic body created under state law thathas authority overdisposal of sewage. (JJJJJ) "Quantifiable" means that the amount. rate and characteristics of emissions and emission reductions can be determined or measured through a reliable and replicable method. (CCCCC)(KKKKK) "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-firedutility unit after aperiodofdiscontinued operationwhere the tfl'l#following apply: (I) HafrThe unit has not been in operation for the two-year period prior to the enactment ofthe CleanAirActAmendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emission inventory atthetime ofenactment; (2) Wttt!The unit was equipped prior to shutdown with a continuous system of emission control that achieves a removal efficiency for sulfur dioxide ofno less than eighty-five per cent and a removal efficiency for particulates ofno less than ninety-eightpercent; (3) lsThe unit is equipped with low-NO burners prior to the time of commencementofoperations following reactivation; and (4) ffiThe unit is otherwise in compliance with the requirements ofthe Clean Air Act.3745-31-01 37

(DDDDD)CLLLLL) "Reconstruct a major MACT source" means the replacement of components at an existing process or production unit that in and ofitselfemits or has the potential to emit ten tons peryear or more ofany HAP ortwenty-five tons peryearormore ofany combinationofHAPs, wheneverthe following occur: (I) The fixed capital cost ofthe new components exceeds fifty percent ofthe fixed capital cost that would be required to construct a comparable process or production

**unitj-flflfi~** (2) Itis technically and economically feasible for the reconstructed major source to meet the applicable MACT emission limitation for new sources established underrule 3745-31-28 ofthe Administrative Code. (EEEEE)CMMMMM) "Reduced sulfur compounds" or "RSC" means, as defined under 40 CFR Pmi 60, Subpart J, the sum ofthe sulfur compounds hydrogen sulfide, carbonyl sulfide and carbon disulfide. (FFFFF)CNNNNN) "RegulatedNSRpollutant" means the following: (1) For stationary sources located in a nonattainment area for a given regulated air pollutan(: (a) Nitrogen oxides orany

**VOCs;~** (b) Any pollutant for which a national ambient air quality standard has been

**promulgated;-&~** (c) Any pollutant that is identified under this paragraph as a constituent or precursor ofa general pollutant listed under paragraph CNNNNN)(1 )(a) or fNNNNN)( !)(b) of this rule. provided that such constituent .or precursor pollutant may only be regulated under NSR as part of regulation ofthe general pollutant. Precursors identified by the director forpumoses ofnew sourcereview are the following: (i) VOCs and nitrogen oxides are precursors to ozone m all ozone nonattainment areas. (ii) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas. (iii) Nitrogen oxides are a precursor to PM2.5 m all PM2.5 nonattainment areas.3745-31-01 38

Cd) PM2.5 emissions and PM!0 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1. 2011. such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM!0 in nonattainment new source review permits. Compliance with emissions limitations for PM2.5 and PM!0 issued prior to this date shall not be based on condensable particulate matter unless required by the tetms and conditions of a permit or the Ohio state implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation of this chapter unless the Ohio state implementation plan required condensableparticulate matterto beincluded. (e) Ally flS!ll:ltfl!lt taffi is a eeHstituellt erflFeeffi'ser efa ge!leral flS!ll:ltant listea ll!laer J3aragraJ3hs (FFFFF)(l)(a) er (FFFFF)(l)(h) ehhis FU!e, J3re·Aaea taffi a ee!lstiffiellt er flFeeHrser flSI!l:ltaHt may eHly !3e regHlffiea Hllaer NSR as ]'laft**effegt~lffiiell** eftfte ge!leral flS!ll:ltallt. (2) For stationary sources located in an attainment area for a given regulated air pollutant. the following: (a) Any pollutant for which a national ambient air quality standard has been promulgated. ana all)' eeHstimellts er J3reeffi'sers fer sHell flSlll:ltaats iaeHtifiea !3y tile aamillistrffier (e.g., VOCs are flFSeHrsers fer ezelle); This includes. butis notlimitedto. the following: (i) PM2.5 emissions. and PM!0 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1. 2011. such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM!O in PSD pennits. Compliance with emissions limitations for PM2.5 and PM!0 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions ofthe permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensableparticularmatterto be included. (ii) Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality3745-31-01 39

standardhas beenpromulgated. Precursors identified for purposes ofnew sourcereview are the following: (a) VOCs and nitrogen oxides are precursors to ozone in all ozone attainment and unclassifiable areas. (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. (c! Nitrogen oxides are a precursorto PM2.5 in all attainment and unclassifiable areas. (b) Any pollutant that is subject to any standard promulgated under Section Ill ofthe CleanAirAct; (c) Any Class I or II substance subject to a standard promulgated under or establishedbyTitle VI ofthe CleanAirAct; or (d) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all HAPs either listed in Section 112 ofthe Clean Air Act or added to the list pursuant to Section 112(b)(2) ofthe Clean Air Act, which have not been delisted pursuant to Section 112(b)(3) ofthe CleanAirAct, are notregulated NSRpollutants unless the listed HAP is also regulated as a constituent or precursor of a general pollutant listed under Section 108 ofthe Clean AirAct. (GGGGG)COOOOO) "Replacement unit" means an emissions unit for which all the criteria listed under this paragraph are met. No creditable emission reductions shall be generated from shutting downthe existing emissions unitthat is replaced. (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(!), or the emissions unit completely takes the place ofan existing emissions unit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) Thereplacementdoes not alterthe basicdesignparameters ofthe processunit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permitthat is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new

### 3745-31-01 40

emissions unit. (HIIIIIIII)CPPPPP) "Repowering" means: (1) 

### Replacement of an existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the administrator, in consultation with the secretary ofenergy, a derivative of one or more ofthese technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as of November 15, 1990. (2) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the departmentofenergy. (3) The director shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis rule and is granted an extension under Section409 ofthe Clean AirAct.**~(QQQQQ)** 

### "Research and development activity" means an activity conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such a source is operated under the close supervision oftechnically trained personnel and is not engaged in the manufacture ofproducts for sale or exchange for commercial profit, except in a de minimis manner. fJflfl1CRRRRR) "Screen printing line" means a printing process where the printing ink passes through a web or a fabric to which a refined fonn of stencil has been applied. The stencil openings determine the form and dimensions ofthe imprint. (Ko.'C..'CKK)CSSSSS) "Secondary emissions" means emissions that occur as a result ofthe construction or operation ofamajor stationary source ormajormodification, butdo not come from the major stationary source or major modification itself. For the purpose of this rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or major modification that causes the secondary emissions. Secondary emissions include emissions from any off-site support operation that would not be constructed or increase their emissions except as a result ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include3745-31-01 41

any emissions that come directly from a mobile source, such as emissions from the tailpipe ofa motorvehicle, from a train or from a vessel. CTTTTT) "Semi-public disposal system" means a disposal system which treats the sanitary sewage discharged from publicly or privately owned buildings or place of assemblage. entertainment. recreation. education. correction. hospitalization. housing oremployment. but does notinclude a disposal system which treats sewage in amounts ofmore than twenzy-five thousand gallons per day: a disposal system for the treatment ofsewage that is exempt from the requirements ofdivision (F) of section 6111.04 of the Revised Code: or a disposal system for the treatment of industrial waste. (LLLLL)CUUUUU) "Significant air contaminant source" or "significant air contaminant source project" means any air contaminant source, or air contaminant source project, that emits the following: (1) Greater than one hundred tons per year of any of the following mr contaminants: (a)

**Partiet~late** matter; erPM10. Cb) PM2.5. fbt{£1 Sulfur

**dioxide;-er~** fe)@Nitrogen

**oxides;-er~**

(2) Greaterthan one thousandtons peryear ofcarbon

**monoxide;-er~** (3) Greaterthan two tons peryearoflead. (MMMMM)(VVVVV) (1) "Significant" means, in reference to a net emissions increase or the potential of a stationary source to emit any of the following air pollutants, a rate of emissionsthatwould equal orexceed any ofthe following rates: AirPollutant EmissionRate (Ton!Yr) Carbonmonoxide 1003745-31-01 42

Nitrogen oxides 40 Sulfur dioxide 40 Particulate matter 25**Pafiie~:~!a!e** ffia-l!ef less !ftaaleft ffiiefeasPM10 15 PM2.5 10 (ofdirectPM2.5 emissions); 40 (sulfur dioxide emissions); 40 (nitrogen oxides emissions) Ozone (VOCs Qrnitrogen oxides) 40 Lead 0.6 Fluorides (excludinghydrogen fluoride) 3 Sulfuric acid mist 7 Hydrogen sulfide 10 TRS 10 RSCs 10 NMOCs from municipal waste landfills 50 (a) Municipal waste combustor organic (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 grams per year (0.007055 poundsperyear). (b) Municipal waste combustor metals (measured as particulate matter): fourteen megagrams peryear (fifteen tons peryear). (c) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): thirty-six megagramsperyear (fortytons peryear). (2) "Significant", in reference to a net emissions increase or the potential of a stationary source to emit a regulated NSRpollutant that the air pollutant and emission rate table in paragraph (MMJ\flli!M)(!) (VVVVV)(l) of this rule does notlist, any emissionrate.3745-31-01 43

(3) Notwithstanding paragraph (MMMMM)(l) (VVVVV)(l) of this rule, "significant" means any emission rate or any net emissions increase associated with a major stationary source or majormodificationthat wouldbe constructed within ten kilometers of a Class I area, and have an impact on such area equal to or greater than one microgram per cubic meter (twenty-fourhouraverage). (NNl'IJ>fJ>!)CWWWWW) "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissionsthat is significant,·as defined in !his rule, for !hat pollutant. (OOOOO)CXXXXX) "Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major MACT source such that the source could be controlledusing the same control technology. (PPPPP)IYYYYY) "Soil-liquid extraction remediation activities" means soil remediation activities that use a process for physically separating (extracting) groundwaterfrom soils contaminated with low levels oforganic species or other pollutants that are moderately soluble in an aqueous phase using a trench dug around or along side the contaminated soil perpendicularto the groundwater's down gradient flow direction. The contaminated groundwater is collected in !he trench and transferred out ofthe trench for further treatment to separatethe soluble contaminants from the water and to destroy the contaminants in an airpollution control system. (QQQQQ)IZZZZZ) "Soil-vaporextractionremediation activities" means soil remediation activities that use a process for physically separating (extracting) contaminates that are VOCs and semivolatile organic compounds from unsaturated soils by placing a porous tube (or tubes) under vacuum in !he contaminated soil, and when a vacuum is drawn on the tube, vapor and some groundwater are drawn into the tube. The vapors collectedthrough the vacuum system arethen sentto an airpollution control systemto destroy the organic contaminants. (RRRRR)CAAAAAA) "Stationary source" means all ofthe emissions units thatbelong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under !he control of!he same person (or persons under common control) except the activities of any vessel and those emissions resulting directly from an internal combustion engine for transportationpurposes or from a non-road engine or non-road vehicle as defined in Section 216 of the Clean Air Act. Emissions units shall be considered as part ofthe same industrial grouping ifthey belong to the same major group (i.e., that have the same two-digit code) as describedin !he "Standard Industrial ClassificationManual."

### 3745-31-01 44

(BBBBBB) 

### "Sumlus" means emiSSIOn reductions made below an applicable source baseline which conformto the following: (!)Arebelow allowable emissionrates. (2) 

### The state of Ohio has not relied on the emlSSlon reduction in a required attainment demonstration of a national ambient air quality standard or a demonstration ofreasonable further progress. (3) 

### The director has not relied on the emission reduction in issuing any permit underthis chapter. ( 4) Is notrequiredby any applicable laws. Emission reductions can be used for offsets or emission reduction credits to the extent allowedunder state or federal law. (SSSSS)CCCCCCC) "Temporary clean coal teclmology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less, and which complies with the state implementationplan for the state in which the clean coal technology demonstration project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the clean coal technology demonstration project and after it is terminated. (TTTTT)CDDDDDD) "Temporary source" means any new source ofair contaminants or modification ofan air contaminant source, that is sttbjeette awrittea EleelEll'tltieally 

### the Sflet'Elter te !fie Elireeter !fiat tl!e air eeatlfflliaElftt setlfee which will cease operation, be relocated, or obtain a new permanent permit-to-install within two years of!fie draft efElee!Ell'tltieabeginning operation.**(:_,rr]~'UU)(EEEEEE)** 

### "Title I modification" means any modification under Section 111 or 112 ofthe Clean Air Act and any major modification under Parts CorD ofTitle I ofthe Clean Air Act. (VVVVV)(FFFFFF) "Total reduced sulfur" or "TRS" means, as defined under paragraph (L) of rule 3745-73-01 of the Administrative Code, the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl disulfide, that are measured by methods specified in rule 3745-73-04 of the Administrative Code. CGGGGGG) "Truck" means every motor vehicle. except trailers and semitrailers. designed and used to carryproperty and having a gross vehicle weightrating often thousand pounds or less.3745-31-01 45

(W\1PN\\DN)(HHHHHH) "flg/m3" er "J:tgiem" meansmicrogrampercubic meter. (XXXXX)CIIIIII) "Volatile organic compounds" or "VOC" shall have the same meaning as definedinrule 3745-21-01 ofthe Administrative Code. (YYYYY)(JJJJJJ) "Water-based ink/coating/adhesive" means an ink, coating or adhesive with a VOC contentless than orequalto tenpercentbyweightas applied. (L':L':L':L':Z)(KKKKKK) "Water-borne" means a material in which the water content ofthe volatile fraction is atleast ninety-fivepercentbyweight. (AAAAAA)(LLLLLL) lfleefj'leFEltiefl by referefleeReferenced materials. This chapter includes references to certain subject matter or materials. The text of the ifleefj'leFEltea referenced materials is not included in the regttlatiefls rules contained inthis chapter. Information on the availabili1y ofthe referencedmaterials as well as the date ofand/orthe particular edition orversion ofthe material is includedin this rule. The materials &e hereby maae a J3flft sf !l!e regttlatief!s ifl this ehflj3ter. For materials subjectto change, only the specific version specifiedin the regttlatieflthis rule are ifleefj'leratea referenced. Material is ifleefj'leFatea referenced as it exists on the effective date ofthis rule. Except for subsequent annual publication ofexisting (unmodified) Code ofFederal Regulation compilations, any amendment orrevision to a referenced document is not ifle8fj9Sffltea referencedunless and until this rule has been amendedto specifythe new dates. (I)Availability. The referencedmaterials ifleefj'lerateabyreferef!ee are available as follows: (a) Aerometric information retrieval system (AIRS). Information can be obtained by writing to: "Air Facility System (OECA), Office of Enforcement and ComplianceAssurance, 1200 PennsylvaniaAve. NW, mail code 2222A, Washington, D.C. 20460-0001," by calling 1-800-367-1044, or by VISiting their web site at http· 1r ••.,.....epa ge,.'efl· irelfltml'airs'airs <jttery l!!ml .n4<tnvt. . ill \1 ' ; 1 • http://www.epa.gov/enviro/facts/afs/search.html. (b) California air resources board (CARB) certification. Information and copies ofexecutive orders, approval letters, equipment advisories, and equivalent test procedures may be obtained by writing to: "California Air Resources Board, Monitoring and Laboratory Division, P.O. Box 2815, Sacramento, CA, 95812-2815" orby calling (916) 327-0900. The full text of all CARB certification documents are also available m electronic format athttp://www.arb.ca.gov/vapor/vapor.htm.

### 3745-31-01 46



### (c) Chemical abstract service (CAS). Information can be obtained by writing to: "Chemical Abstract Service, 2540 Olentangy River Road, Columbus, Ohio, 43202," orbyvisiting their web site atwww.cas.org. (d) Chemical rubber company (CRC) handbook of chemistry and physics. Information and copies may be obtained by writing to "CRC Press LLC, 2000 NW Corporate Blvd., Boca Raton, Florida, 33431", by calling 1-800-272-7737, or at httP://www.crcpress.com/. A copy ofthis book is also available for inspection and eepyiflg 

### use at most public libraries and "The State Library ofOhio." (e) 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 affieftaea ifl -:1-99{} 

### is also available in electronic format at www.epa.gov/oar/caa/text.htrnl. A copy ofthe act is also available for inspection and eepyffig 

### use at most public libraries and "The State Library ofOhio." (f) 

### Code of Federal Regulations (CFR). 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 CFR IS 

### also available m electronic format at hflj9:.\".vww.gpeaeeess.gev,1eff,1iflaelt.litffil 

### httP://www.ecfr.gov. The CFR compilations are also available for inspection and eepyiflg**~** 

### at mostpublic libraries and "The State Library ofOhio." (g) Compilation of air pollutant emission factors, AP-42. Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe compilation ofair pollutant emission factors, AP-42, is also available in electronic format at http://www.epa.gov/ttn/chief/ap42/index.html. The compilation of air pollutant emission factors, AP-42, are also available for inspection and eepyiflg 

### use at mostpublic libraries and "The State Library ofOhio." (h) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Information and copies may be obtainedby writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe act is also available in electronic format at l!tlj'l://www4.law.eernell.eatt1ttseeae,142,1el!l

### 03.litffil 

### http://www.epa.gov/lawsregs/laws/cercla.html. A copy ofthe act is also available for inspection and eepyiflg 

### use at most public libraries and3745-31-01 47

"The State Library ofOhio." (i) Control technology center. Infonnation can be obtained by writing to: "Research Triangle Institute, Research Triangle Park, NC, 27709," by calling 1-919-541-2734, or by visiting their web site at http://www.epa.gov/etv/centers/center5.html. (j) Federal PowerAct. Information and copies maybe obtainedbywriting to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe act is also available in electronic format at B!Ffl:Nvtww.lleffii3liaglae.v.esm/eeses/ft9a.ll!ffi http://www.fws.gov/laws/lawsdil!est/fedpowr.html. A copy ofthe act is also available for inspection and esflyiag use at most public libraries and "The State Library ofOhio." (k) Federal Register. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." Online access to the Federal Register is available at 

## ll!Ffl://www.gflsaeeess.gs•tiR!R'a/ffiEleJc.ftlml http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR. A copy of the Federal Register is also available for inspection and esflyiaguse atmost public libraries and "The State Library ofOhio." (I) Great lakes binational toxics strategy. Information can be obtained by writing to: "U.S. Environmental Protection Agency, Great Lakes National Program Office, 77 W. Jackson Boulevard (G-17J), Chicago, Illinois, 60604-3511," by calling 1-312-353-2117, or by visiting their web site athttp://www.epa.gov/grtlakes/bns/. (m) Integrated risk management system (IRIS). Information can be obtained by writing to: "IRIS Hotline, c/o EPA Docket Center, Mail Code 28221T, EPA-West Building, 1301 Constitution Avenue NW, Washington, DC 20005," by calling 1-202-566-1676, or by visiting theirweb site athttp://www.epa.gov/iris/index.html. (n) North American Electric Reliabili1y Corporation Reliabili1y Standard EOP-002-3. Information can be obtained by writing to: "NERC. Washington Office. 1325 G Street. NW Suite 600. Washington. DC 20005-3801," by calling 1-202-400-3000. or by visiting their website at http://www.nerc.com/files/EOP-002-3.pdf. W(Q} North American industry classification system (NAICS). Information and copies may be obtained by contacting the national technical3745-31-01 48

information service at 1-800-553-6847. The codes are also available in electronic format at www.eensus.gev/ej9ec!Avw·.;1ittaies.fitml www.census.gov/eos/www/naics.htrnl. fet.(p} Recommended policy on control of volatile organic compounds. Information and copies ofthe federal registernotice maybe obtainedby writing to: "Superintendent ofDocuments, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The federal register notice is also available for inspection and ee]9yiRg

**~** at most public libraries and "The StateLibrary ofOhio." 

### WW Resource Conservation and Recovery Act (RCRA). Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at http://www.epa.gov/epaoswer/osw/laws-reg.htm. A copy of the act is also available for inspection and eej9ying use at most public libraries and "The StateLibrary ofOhio." 

### W!.I.l Standard industrial classification manual (SICM). Information and copies may be ordered by writingto: "U.S. Department ofCommerce, Technology Administration, National Technical Information Service, Springfield, Virginia, 22161" or by calling l-800-553-6847. A copy of the act is also available for inspection and eej9ying use at most public libraries and "The StateLibrary ofOhio." 

### trt.W. United States Code (USC). Infonnation and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe United States Code is also available m electronic format at fttf]9:Nwvn;

### q .law.eemell.ecle/eseecle/ http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE. The

**~** USC compilations are also available for inspection and eej9yffig use atmost public libraries and "The State Library ofOhio." (2) IHeefjleratecl Referenced materials: (a) I USC 3; "General Provisions, "Vessel" as including all means ofwater transportation;" published January 19, 2004 3. 2007 in 8l:l]9]9lemeflt III ef!fie 2000 the 2006 Edition ofthe United States Code. (b) 30 CFRPart 7; "Testing by Applicant orThird Party;" as published in the July 1,

**~** 2012Code ofFederalRegulations.3745-31-01 49

(c) 30 CFR Part 36; "Approval Requirements for Permissible Mobile Diesel-Powered Transportation Equipment;" as published in the July I,

**~** 2012Code ofFederalRegulations. (d) 30 CFR Part 56; "Safety and Health Standards--Surface Metal and Nonmetal Mines;" as published in the July 1,

**~** 2012 Code of Federal Regulations. (e) 30 CFR Part 57; "Safety and Health Standards--Underground Metal and Nonmetal Mines;" as published in the July 1,

**~** 2012 Code of Federal Regulations. (f) 30 CFR Part 70; "Mandatory Health Standards--Underground Coal Mines;" as published in the July I,

**~** 2012 Code of Federal Regulations. (g) 30 CFR Part 75; "Mandatory Safety Standards--Underground Coal Mines;" as published in the July 1,

**~** 2012 Code of Federal Regulations. (h) 40 CFR 51.165; "Permit requirements;" 51 FR 40669, Nov. 7, 1986, as amended at 52 FR24713, July 1, 1987; 52 FR 29386, Aug 7, 1987; 54 FR 27285, 27299 June 28, 1989; 57 FR 3946, Feb. 3, 1992; 57 FR 32334, July 21, 1992; 67 FR 80244, Dec. 31, 2002; 68 FR 63027, Nov. 7, 2003; 69 FR 40275, July 1, 2004,: 70 FR 71698. Nov. 29. 2005: 72 FR 24077. May I. 2007: 72 FR 32528. June 13. 2007: 72 FR 72616. Dec. 21. 2007: 73 FR28347. May 16. 2008 (i) 40 CFR 51.166; "Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, Prevention ofsignificant deterioration ofair quality;" as published in the July l,

**~** 2012 Code of Federal Regulations. (j) 40 CFR 52.21; "Approval and Promulgation of Implementation Plans, Prevention of significant deterioration of air quality;" as published in the July 1,

**~** 2012 Code ofFederal Regulations. (k) 40 CFR 60.15(b)(l); "Standards of Performance for New Stationary Sources- Reconstruction;" 40 FR 58420, Dec. 16, 1975. (1) 40 CFR 60.111b; "Standards ofPerformance for Volatile Organic Liquid

### 3745-31-01 50
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984

- Definitions;" 52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 FR 61756, Oct. 17, 2000; 68 FR 59333, Oct. 15,2003. (m) 40 CFR 60.671; "Standards of Performance for Nonmetallic Mineral Processing Plants

- Definitions;" 51 FR 31337, Aug. 1, 1985, as amended at 62 FR 31359, June 9, 1997. (n) 40 CFR 60.4211: "What are my compliance reQuirements if I am an owner or operator ofa stationazy CI internal combustion engine?:" 71 FR 39172. July 11. 2006. as amended at 76 FR 37970. June 28. 201 1.78 FR 6695. Jan. 30.2013. (o) 40 CFR 60.4231; "What emission standards must I meet if I am a manufacturer ofstationazy SI internal combustion engines or eQuipment containing such engines?:" 73 FR 3591. Jan. 18. 2008. as amended by 73 FR 59175. Oct. 8. 2008: 76 FR 37973. June 28. 2011. 78 FR 6695. Jan. 30. 2013. (p) 40 CFR 63.6640; "How do I demonstrate continuous compliance with the emission limitations and operating limitations?:" as published in the July 1. 2013 Code ofFederal Regulations 

## Wl.lD 40 CFR 81.336; "Designation of Area for Air Quality Planning Purposes- Ohio;" as published in the July 1, 2:00+ 

### 2012 Code ofFederal Regulations. 

## WW. 40 CFR 87.l(a); "Control ofAir Pollution From Aircraft and Aircraft Engines, Definitions;" 47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984; 62 FR 25365, May 8, 1997. 

### ffl1W 40 CFR 89.2; "Control ofEmissions From New and In-Use Nonroad Compression-Ignition Engines, Definitions;" 59 FR 31335, June 17, 1994, as amended at 61 FR52102, Oct. 4, 1996; 63 FR 18998, Apr. 16, 1998; 63 FR 56996, Oct. 23, 1998; 65 FR 73331, Dec. 29, 1999; 67 FR 68339, Nov. 8, 2002; 69 FR 39212, June 29, 2004: 70 FR 40444. July 13.2005:72FR 53126. Sept. 18.2007. 

## Will 40 CFR 92.907; "Control of Air Pollution From Locomotives and Locomotive Engines, Non-locomotive-specific engine exemption;" 63 FR 18998, Apr. 16, 1998; as amended at 70 FR40457, July 13, 2005.3745-31-01 51 

## tf1.(y} 40 CFRPart 50, Appendix J; "Reference Method for the Determination ofParticulate Matter as PMlO in the Atmosphere;" 36 FR 22384, Nov. 25, 1971; 52 FR 24664, July 1, 1987; 52 FR29467, Aug. 7, 1987. (v) 40 CFR Part 50. Appendix L: "Reference Method for the Detennination ofFine Pmticulate Matter as PM2.5 in the Atmosphere:" 62 FR 38714. July 18. 1997. as amended at 64 FR 19719. Am. 22. 1999: 71 FR 61226. Oct. 17. 2006. 

## WW 40 CFR Part 51; "Requirements for preparation, adoption, and submittal of implementation plans;" as published in the July 1,

**~** 2.Ql2. Code ofFederal Regulations. 

### f:t1W 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;.,11 FR55123. Sept. 21. 2006: 73 FR30779. May29. 2008. 

### WW40 CFR Part 51, Appendix S, Sections I through VI; "Emission Offset InterpretiveRuling;" 36 FR 22398,Nov. 25, 1971; 44 FR3282, Jan. 16, 1979, as amended at 45 FR 31311, May 13, 1980; 45 FR 52741, Aug. 7, 1980; 45 FR 59879, Sept. 11, 1980; 46 FR 50771, Oct. 14, 1981; 47 FR 27561, June 25, 1982; 49 FR 43210, Oct. 26, 1984; 51 FR 40661, 40675, Nov. 7, 1986; 52 FR 24714, July 1, 1987; 52 FR 29386, Aug 7, !987; 54 FR 27285, 27299, June 28, 1989; 57 FR 3946, Feb. 3,

**1992~** 70 FR 71702. Nov. 29.2005: 72 FR 10373. Mar. 8. 2007: 72 FR24077. May 1. 2007: 72 FR 72616. Dec. 21. 2007: 73 FR 28348. May 16. 2008. 

## Mill40 CFRPart 51, Appendix W; "Guideline on Air Quality Models;" 6& FR 18448,tlqlr. 15, 2G03 70 FR 68228 Nov. 9 2005. fy.i(aa) 40 CFRPart 51, SubpartI; "Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Subpart I

-- Review ofNew Sources andModifications;" as publishedinthe July 1,

**~** 2012 Code ofFederalRegulations. Wlbb) 40 CFR Patt 52; "Approval and promulgation of implementation plans;" as published in the July 1,

**~** 2012 Code of Federal Regulations.3745-31-01 52

fr7(Q£} 40 CFR Part 53; "Ambient Air Monitoring Reference and Equivalent Methods;" as published in the July 1,**~** 2012 Code of Federal Regulations. WCddl 40 CFR Part 58, Appendix B; "Quality Assurance Requirements for Prevention ofSignificant Deterioration (PSD) Air Monitoring;" 44 FR 27571, May 10, 1979; 44 FR 65070, Nov. 9, 1979; 44 FR 72592, Dec. 14, 1979, as amended at 46 FR 44168, Sept. 3, 1981; 48 FR 2530, Jan. 20, 1983; 51 FR 9596, Mar. 19, 1986; 52 FR 24741, July 1, 1987; 59 FR41628, 41629, Aug. 12, 1994; 60 FR 52321, Oct. 6, 1995.**~** 40 CFR Part 60; "Standards of Performance for New Stationary Sources;" as published in the July I,**~** 2012 Code of Federal Regulations.**~ill}** 40 CFR Part 60, Appendix A; "Test Methods

- Standards of Performance for New Stationary Sources;" as published in the July 1,**~** 2012 Code ofFederalRegulations. feet.(gg} 40 CFR Part 60, Appendix B; "Performance Specifications;" 48 FR 13327, Mar. 30, 1983 and 48 FR 23611, May 25, 1983, as amended at 48 FR32986, July 20, 1983; 51 FR 31701, Aug. 5, 1985; 52 FR 17556, May 11, 1987; 52 FR 30675, Aug. 18, 1987; 52 FR 34650, Sept. 14, 1987; 53 FR 7515, Mar. 9, 1988; 53 FR 41335, Oct. 21, 1988; 55 FR 18876, May 7, 1990; 55 FR 40178, Oct. 2, 1990; 55 FR 47474, Nov. 14, 1990; 56 FR 5526, Feb. 11, 1991; 59 FR 64593, Dec. 15, 1994; 64 FR 53032, Sept. 30, 1999; 65 FR 62130, 62144, Oct. 17, 2000; 65 FR 48920, Aug. 10, 2000; 69 FR 1802, Jan. 12, 2004; 70 FR 28673, May 18, 2005: 71 FR 55127. Sept. 21. 2006: 72 FR 32767. June 13. 2007: 72 FR 51527. Sept. 7. 2007: 72 FR 55278. Sept. 28. 2007. f641Chhl 40 CFR Part 60, Subpart I; "Standards ofPerformance for Hot Mix Asphalt Facilities;" 39 FR 9314, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975; 42 FR 37936, July 25, 1977; 51 FR 12325, Apr. 10, 1986; 54 FR 6667, Feb. 14, 1989.**~** 40 CFRPart 60, Subpart J; "Standards ofPerformance for Petroleum Refineries;" 39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975; 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR 10868, Feb. 15, 1978; 43 FR 10868-10869, Mar. 15, 1978; 44 FR 13481, Mar. 12, 1979; 44 FR 61543, Oct. 25, 1979; 45 FR 79453, Dec. 1, 1980; 48 FR23611,May25, 1983; 50 FR31701, Aug. 5, 1985;3745-31-01 53

51 FR42842, Nov. 26, 1986; 52 FR20392, June 1, 1987; 53 FR41333, Oct. 21, 1988; 54 FR 34026-340310, Aug. 17, 1989; 55 FR 40175-40176, 40178, Oct. 2, 1990; 56 FR 4176, Feb. 4, 1991; 64 FR 7465-7466, Feb. 12, 1999; 65 FR 61753-61755, Oct. 17, 2000· 71 FR 55127. Sept. 21. 2006: 73 FR 35865. June 24. 2008. fffjili). 40 CFR, Part 60, Subpart De; "Standards ofPerformance for Small Industrial-Commercial-Institutional Steam Generating Units;" 55 FR 37683, Sept. 12, 1990, as amended at 61 FR 20736, May 8, 1996; 64 FR 7465, Feb. 12, 1999; 65 FR 61752, Oct. 17, 2000; 65 FR 61753, Oct. 17, 2000: 72 FR32759. June 13. 2007.

**~** 40 CFR Part 60, Subpart AAA; "Standards ofPerfonnance for New Residential Wood Heaters;" 53 FR 5873-5874, Feb. 26, 1988, as amended at 53 FR 12009, Apr. 12, 1988; 53 FR 14889, Apr. 26, 1988; 57 FR 5328, Feb. 13, 1992; 60 FR 33925, June 29, 1995; 53 FR 5873, Feb. 26, 1988; 63 FR 64874, Nov. 24, 1998; 64 FR 7466, Feb. 12, 1999; 65 FR61763-61764, Oct.17,2000.

**~** 40 CFR Part 60, Subpart 000; "Standards of Performance for NonmetallicMineral ProcessingPlants;" 51 FR 31337,Aug. 1, 1985, as amended at 54 FR 6680, Feb. 14, 1989; 62 FR 31359-31360, June 9, 1997; 65 FR61778, Oct. 17, 2000. (mm) 40 CFR Part 60. Subpart IIII: "Standards ofPerfmmance for Stationary Compression Ignition Internal Combustion Engines:" as published in the July 1. 2012 Code ofFederalRegulations. (nn) 40 CFR Part 60. Subpart JJJJ: "Standards ofPerformance for Stationary Spark Ignition Internal Combustion Engines:" as published in the July 1. 2012 Code ofFederal Regulations. (oo) 40 CFR Part 63. Subpart ZZZZ: "National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines:' as published in the July 1. 2012 Code ofFederal Regulations. fifl{m:ll 40 CFR Part 61; "National Emission Standards for Hazardous Air Pollutants;" as published in the July 1, :;>,00:7 2012 Code of Federal Regulations. 

### @C>J.Ql 40 CFR Part 61, Subpart M; "National Emission Standard for Asbestos;" 49 FR 13661, Apr. 5, 1984 as amended by 49 FR 25453, June 21, 1984; 51 FR 8199, Mar. 10, 1986; 53 FR 36972, Sept. 23,

### 3745-31-01 54

1988; 55 FR 48414, 48416, 48419, 48424, 48429-48433, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 55 FR 48424, Nov. 20, 1991; 60 FR 31920, June 19, 1995; 64 FR 7467, Feb. 12, 1999; 68 FR 54793, Sept. 18, 2003; 69 FR43324, July 20,2004. (klf1.(rr.l 

### 40 CFR Part 63; "National Emission Standards for Hazardous Air Pollutants for Source Categories;" as published in the July 1,**~** 

### 2012 Code ofFederalRegulations. 

### fH100 40 CFR Part 89; "Control of Emissions From New and In-Use Nonroad Compression-Ignition Engines;" as published in the July I,**~** 

### 2012 Code ofFederal Regulations.**~** 

### 40 CFR Part 92; "Control ofAir Pollution From Locomotives and Locomotive Engines;" as published in the July 1,**~** 

### 2012 Code of FederalRegulations.**~** 

### 42 USC 7401 to 7671q; "The Public Health and Welfare-Air Pollution Prevention and Control;" published January 19, 2994 2. 2006 in Supplement H± 

### V ofthe 2000 Edition ofthe United States Code; as amended Jffilt!ary 

### 23, 2994, Pffil. L. 

### 198 199, see, 425(a) aad see. 428(b), 118 8tat. 417 H8December 19. 2007. Pub. L. 

### 110-140, sec 201. 202. 203([), 204. 208. 209. 210(a). 210(b). 210(c), 247. and 251. 121 Stat. 1519. 1521. 1529. 1531. 1532. 1547. and 1548. fee:1Cvv) 42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" publishedJanuary 19, 2994 

### 2. 2006 in Supplement H± 

### V of the 2000 Edition of the United States Code.**~(ww)** 

### 42 USC 7412(h); "Hazardous air pollutants, Work practice standards and other requirements;" published January 19, 2994 2. 2005 in Supplement H±

### Vofthe 2000 Edition ofthe United States Code. (EjEJJ(xx) "Chemical Rubber Company (CRC) Handbook of Chemistry and Physics," 8-§.tft 

### 89th Edition, 2994 2995 2008-2009 as published on June 17 2008. f;T)W} 

### Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 12l(e); contained in 42 USC 9621; "Cleanup standards;" publishedJanuary 19, 29942. 2006 in Supplement H±

### V ofthe 2000 Edition ofthe United States Code.3745-31-01 55

**~(zz)** Federal Power Act; contained in 16 USC 791 to 828c; "Federal Regulation and Development ofPower;" published January 19, 2004 

### 2. 2006 in Supplement fl± V of the 2000 Edition of the United States Code. (tB(aaa) New source perfonnance standards; contained in 42 USC 7411; "Standards of performance for new stationary sources;" published January 19, 2094 2. 2006 in Supplement fl± V ofthe 2000 Edition of the United States Code. (bbb) North American Electric Reliability Corporation Reliability Standard EOP-002-3: "Capacity and Energy Emergencies:" adopted August 5. 2010.

**~(ccc)** Part C ofTitle I ofthe Clean Air Act; contained in 42 USC 7470 to 7492; "Prevention of Significant Deterioration of Air Quality;" published January 19, 2904 2. 2006 in Supplement fl± V ofthe 2000 Edition ofthe United States Code.

**~(ddd)** Part D ofTitle I ofthe Clean Air Act; contained in 42 USC 7501 to 7515; "Plan Requirements forNonattainment Areas;" publishedJanuary 19, 20042. 2006 in Supplementfl± V ofthe 2000 Edition ofthe United States Code. tww1(eee) RCRA SubtitleD; contained in 42 USC 6941 to 6949a; "Resource Conservation and Recovery Act, State or Regional Solid Waste Plans;" published January 19, 2004 2. 2006 in Supplement fl± V ofthe 2000 Edition ofthe United States Code.

**~(fff)** Recommended policy on control ofvolatile organic compounds; 42 FR35314, July 8, 1977.

**~** Section 1.4, "Natural Gas Combustion;" contained in Chapter I, "External Combustion Sources", Volume I, "Stationary Point and Area Sources" of the "Compilation of Air Pollutant Emission Factors, AP-42;" Fifth Edition, supplement D. last revisea Jaae

**2904~** publishedJuly. 1998.

**~** Section 2(A) and (B) of the Energy Supply and Environmental Coordination Act of 1974; contained in 15 USC 792; "Coal conversion and allocation;" published January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United States Code.3745-31-01 56**~(iii)** Section 107(d) ofthe Clean Air Act; contained in 42 USC 7407; "Air Quality Control Regions-Designations;" published January 

### +9;**~** 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United States Code.**~iliil** Section I08 ofthe Clean Air Act; contained in 42 USC 7408; "Air quality criteria and control techniques;" published January 19, 2804 

### L 2006 in Supplement HI V of the 2000 Edition of the United States Code. (:eee1(kkk:) Section 109 of the Clean Air Act; contained in 42 USC 7409; "National primary and secondary ambient air quality standards;" published January 19, 2004 2.2006 in Supplement HI V of the 2000 Edition ofthe United States Code.**~ill!.l** Section 110 oftheClean Air Act; contained in 42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" published January 19, 2004 2. 2006 in Supplement HI Vofthe 2000 Edition ofthe United States Code.**~Section** Ill ofthe Clean Air Act; contained in 42 USC 7411; "Standards of performance for new stationary sources;" published January 19, 2004 2. 2006 in Supplement HI V ofthe 2000 Edition of the United States Code. f#f)(nnn) Section 112 of the Clean Air Act; contained in 42 USC 7412; "Hazardous Air Pollutants;" published January 19, 2004 2. 2006 in SupplementHIV ofthe 2000 Edition ofthe United States Code. fgggt(ooo) Section 112(b) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants- List of pollutants;" published January 

### +9; 2004 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United States Code. 

## tflftll1Llllm.l Section 112(c) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants

- List of source categories;" published January 19, 2004 2. 2006 in Supplement HI V ofthe 2000 Edition of the United States Code.**fiiit~** Section 112(d) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Emission standards;" published January 

### +9;**~** 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United3745-31-01 57

States Code. f:iiBC=) Section 112(h) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Work practice standards and other requirements;" publishedJanuary 19,2004 2. 2006 in Supplement±HV ofthe 2000 Edition ofthe United States Code.

**~(sss)** Section 112(j) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Equivalent emission limitation by permit;" published January 19, 2004 2. 2006 in Supplement 

### H± V ofthe 2000 Edition ofthe United States Code. fl:HtCttt) Section 112(1) of the Clean Air Act; contained in 42 USC 7412; "Hazardous Air Pollutants;" published January 19, 2004 2. 2006 m Supplement

### H±V ofthe 2000 Edition ofthe United States Code.

**~Section** 113 ofthe Clean Air Act; contained in 42 USC 7413; "Federal enforcement;" published January 19, 2004 2. 2006 m Supplement

### H±Vofthe 2000 Edition ofthe United States Code.

**~(vvv)** Section 121(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); contained in 42 USC 9621; "Cleanup Standards - Permits and Enforcement;" published January 19, 2004 2. 2006 in Supplement 

### H± V ofthe 2000 Edition of the United States Code.

**~(www)** Section 125 ofthe Clean Air Act; contained in 42 USC 7425; "Measures to prevent economic disruption or unemployment;" published January 19, 2004 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United States Code.

**~Jli.K&l** Section 173 ofthe Clean Air Act; contained in 42 USC 7503; "Permit requirements;" published January 19, 2004 2. 2006 m Supplement

### H±V ofthe 2000 Edition ofthe United States Code. (yyy) Section 171 of the Clean Air Act: contained in 42 USC 7501; "Definitions:" published Januarv 2. 2006 in Supplement V ofthe 2000 Edition ofthe United States Code

**~(zzz)** Section 182(c) ofthe Clean Air Act; contained in 42 USC 7511a; "Plan submissions and requirements-Serious Areas;" published January 19, 20042. 2006 in Supplement

### H± V ofthe 2000 Edition ofthe United States Code.3745-31-01 58

**~Section** 182(f) ofthe Clean Air Act; contained in 42 USC 7511a; "Plan submissions and requirements-NO requirements;" published January 19, 2004 2. 2006 in Supplement 

### .Q:± V ofthe 2000 Edition of the United States Code.

**~** Section 189 ofthe Clean Air Act; contained in 42 USC 7513a; "Plan Provisions and Schedules for Plan Submissions;" published January 19, 2004 2. 2006 in Supplement 

### -IH V ofthe 2000 Edition of the United States Code.

**~** Section 202 of the Clean Air Act; contained in 42 USC 7521; "Emission standards for new motor vehicles or new motor vehicle engines;" published January 19, 2004 2. 2006 in Supplement 

### -IH V of the 2000 Edition ofthe United States Code.

**~(dddd)** Section 216 ofthe Clean Air Act; contained in 42 USC 7550; "Motor Vehicle Emission and Fuel Standards- Definitions;" published January 19, 2004 2. 2006 in Supplement 

### -IH V ofthe 2000 Edition of the United States Code.

**~~** Section 304 of the Clean Air Act; contained in 42 USC 7604; "Citizen suits;" publishedJanuary 19, 2004 2. 2006 in Supplement

### -IHV ofthe 2000 Edition ofthe United States Code. (www)(ffffl Section402(12) ofTitle IV ofthe Clean AirAct; containedin 42 USC 765la; "Definitions;" published January 19, 2004 2. 2006 m Supplement

### -IHV ofthe 2000 Edition ofthe United States Code.

**~(ggggl** Section 409 ofthe Clean Air Act; contained in 42 USC 7651h; "Repowered sources;" published January 19, 2004 2. 2006 m Supplement

### -IHV ofthe 2000 Edition ofthe United States Code.

**~(hhhh)** Section 504(a) ofthe Clean AirAct; contained in 42 USC 7661c; "Permit requirements and conditions;" published January 19, 2004 2, 2006 in Supplement 

### -IH V of the 2000 Edition of the United States Code.

**~** Standard industrial classification manual. United States. Office of management andbudget. Last amended 1988.

**~JJ.i.ij)** Title II ofthe Clean Air Act; contained in 42 USC 7521 to 7590;3745-31-01 59

"Emission Standards for Moving Sources;" published January 19, 2004 2. 2006 in Supplement .JH V ofthe 2000 Edition ofthe United States Code; as EtffleaEieEI JEtffilBTJ 23, 2994, PH13. L. 108 199, see. 428(19), 118 £ret December 19. 2007. Pub. L. 110-140. sec 201. 202. 203(£). 204. 208. 209. 210(a). 2!0Cb). 210(c). 247. and 251. 121 Stat. 1519. 1521. 1529. 1531. 1532. 1547. and 1548. (19191919)(kkkk) Title IV ofthe Clean Air Act; contained in 42 USC 7651 to 765lo; "Acid Deposition Control;" published January 19, 2004 2. 2006 in Supplement.JHV ofthe 2000 Edition ofthe United States Code.

**~Dl!ll**Title VI ofthe CleanAirAct; contained in 42 USC 7671 to 767lq; "Stratospheric Ozone Protection;" published January 19, 2994 2. 2006 in Supplement.JHVofthe 2000 Edition ofthe United States Code.

**~(mmnm1)** USEPA Method 9; contained in 40 CFR Part 60, Appendix A-4; "Visual Determination of the Opacity of Emissions From Stationary Sources;" as published in the July I, 2\JB+ 2012 Code of Federal Regulations.3745-31-01

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 60

01110/2014

119.03 3704.03(F), 3704.03(0) 3704.03(A), 3704.03(F), 3704.03(0) 7/5/73, 1/1/74, 11/7/79, 8/15/82, 9/18/87, llll7/88(Emer.), 3/9/89(Emer.), 6/12/89, 10/8/93, 6/l/94,4/12/96,4/27/98, 9/25/98, 11/30/01, 10117/03, 10/28/04, 11/03/06, 12/01/06, 12/14/073745-31-02 Applicability, requirements, and obligations.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Ineefj'lefa!ien 

### lly Rdhenee" see!ien at the eea efrule 3745 31 01 efthe AEiministFative Ceae paragraph (LLLLLL) ofrule 3 745-31-0I ofthe Administrative Codetitled. "referenced materials".] This chapter provides requirements for installation, modification and operation ofnew and existing air contaminant sources at facilities that are not subject to Chapter 3745-77 ofthe Administrative Code. This chapter also provides requirements for installation and modification ofaircontaminant sources at facilities that are, orwill be, subjectto Chapter 3745-77 of the Administrative Code. The operating requirements for air contaminant sources, defined as Title V sources, can be found in Chapter 3 7 45-77 of the Administrative Code. [Comment: Prior to tile effeetive Elate ef this rule June 30. 2008, requirements for permits-to-operate for sources not subjectto Chapter 3745-77 ofthe Administrative Code were contained in Chapter 3745-35 ofthe Administrative Code. Uj9en the effeetive Elate ef this ruleOn Tune 30. 2008, Chapter 3745-35 was rescinded and all operating requirements for sources at facilities not subjectto Chapter3745-77 ofthe Administrative Code were incorporated into this chapter. Rules 3745-31-01 to 3745-31-07 of the Administrative Code provide regulatory requirements for installation and modification for all sources. Rules 3745-31-01 to 3745-31-07 ofthe Administrative Code also provide regulatory requirements for operation of sources at facilities not subject to Chapter 3745-77 of the Administrative Code. Rule 3745-31-08 of the Administrative Code provides the on-going regulatory requirements for sources at facilities not subject to Chapter 3745-77 ofthe Administrative Code that previously received registration status for permit-to-operate purposes under the now rescinded Chapter 3745-35 of the Administrative Code. Updated requirements for registration status, now defined as express permit-to-install or express PTIOs, are incorporated into rule 3745-31-05 ofthe Administrative Code. Rule 3745-31-09 ofthe Administrative Code provides for operation or other use ofan air contaminant source that emits any air pollutant under a variance. This provision was previously established in the now rescinded rule 3745-35-03 ofthe Administrative Code. Rule 3745-31-29 ofthe Administrative Code provides for general permits-to-install and general PTIOs. Ruie 3745-31-33 of the Administrative Code identifies activities that are included and excluded from meaning of begin actual construction, as defined in rule 3745-31-01 ofthe Administrative Code. The remaining rules in this chapter, rules 3745-31-10 to 3745-31-28 and rules 3745 31 30 !e rule 3745-31-32 ofthe Administrative Code, provide additional regulatory requirements for installation and modification of air contaminant sources that are located at a major stationary source or are considered major modifications, as defined in rule 3745-31-01 of the Administrative Code. Installation or modification ofair contaminant sources that are located at a major stationary source or are considered major modifications, are, or will become, subject to Chapter 3745-77 of the Administrative Code. The operating regulatory requirements for these types ofsources are contained in Chapter 3745-77 of the Administrative Code.]3745-31-02 2

(A) Permit-to-install orPTIO (1) Except as provided inrule 3745-31-03 ofthe Administrative Code orparagraph (A)(3) ofthis rule, no person shall cause, permit, or allow the any of the following: (a) Installation ormodification ofany new source that is, orwill be, part ofa facility, as defined in Chapter 3745-77 ofthe Administrative Code, and that is required to obtain a Title V permitunder Chapter 3745-77 ofthe Administrative Code, withoutfirst obtaining apennit-to-install from the**director;-er~** (b) Installation or modification, and subsequent operation ofany new source that is not part of a facility, as defined in Chapter 3745-77 of the Administrative Code, andthat is notrequired to obtain a Title V permit under Chapter 3745-77 of the Administrative Code, without first obtaining aPTIO from the**director;-er~** [Comment: J:lfiffrgflijlftParagraph (A)(l)(b) ofthis rule is not intendedto prohibit any new source, as defined in rule 3745-31-01 of the Administrative Code, currently operating under an effective pem1it-to-install or permit-to-operate from continuing operation in accordance with those permits. Nor is it intended to prohibit any new source currently operating under an expired pennit-to-operate, where a timely and complete application for renewal is pending in accordance with division (C) of section 119.06 of the Revised Code, from continuing operation in accordance with the expired permit-to-operate until suchtime as anew PTIO is issued ordenied.] (c) Operation of any air contaminant source, except as provided in rule 3745-31-08 ofthe Administrative Code, not defined as a new source under rule 3745-31-01 ofthe Administrative Code, that is not pmi ofa facility, as defined in Chapter 3745-77 ofthe Administrative Code, and that is not requiredto obtain a Title V permitunder Chapter 3745-77 of the Administrative Code, without first obtaining authority to operate through issuance ofa PTIO from the director, which mayinclude any of the following: (i) Requirements for equipping the air contaminant source with instrumentation and sensing devices to monitor and record emission data and other information about the operation ofthe air contaminant**sourc~~**3745-31-02 3

(ii) Requirements for performance tests that demonstrate that the source is in compliance with applicable emission limitations and other applicable laws, at the applicant's expense, in accordance with methods prescribedbythe Ohio environmentalprotection agency. The Ohio environmental protection agency, or its representatives, may observe, participate in, or conduct any performance test required. (2) An owner or operator who currently holds a permit-to-install ftfltlfef ill permit-to-operate for anaircontaminant source whichpennitwas issuedprior to the effective date of this rule, may be issued a PTIO for the same air contaminant source. The directormayrequire the owneror operator ofthe air contaminant source submit an updated application for the PTIO. Upon final issuance ofthe PTIO, any permit-to-installfrll4Ler orpermit-to-operate for the air contaminant source will be superseded by the issuance ofthe PTIO. The supersededpennits will terminate and ceaseto be enforceable. (3) No installation permit shall be required for activities that are subject to and in compliance with a plant-wide applicability limit issued by the director m accordance withrule 3745-31-32ofthe Administrative Code. (B) Changes in applicability: TitleV versus non-Title V. This paragraph is applicable to an owner or operator where a change in the air contaminant source, stationary source, or applicable law results in a change in the requirements applicable to the source under this chapterftfltlfef or Chapter 3745-77 of the Administrative Code. A change may include, but is not limited to, a modification or major modification as defined in this chapter, a relaxation of a federally enforceable limitation on the potential to emit applicable underparagraph (D) ofrule 3745-31-05 ofthe Administrative Code, orthe imposition ofa federally enforceable limitation, orlimitation legally and practicablyenforceableby the state, on the potential to emit that restricts a stationary source's potential to emit below major source thresholds applicable under paragraph (D) ofrule 3745-31-05 ofthe Administrative Code. (!) The following is applicable to an owner or operator who holds a permit-to-install, permit-to-operate ftfltlfef or PTIO where a change subjects the owner or operator to the requirements of Chapter 3745-77 of the Administrative

**Code7~** (a) The owneroroperator shall submit a Title V pennitapplication and obtain a Title V permit from the director, as required under Chapter 3745-77 ofthe Administrative Code.

### 3745-31-02 4

(b) If the change is defined as a new source, modification or major modification under this chapter, the owner or operator shall submit the required application and obtain a permit-to-install, as required under this chapter, from the director. (c) Upon final issuance ofthe permit required under paragraph (B)(l)(a) of this rule, and, ifapplicable, under paragraph (B)(l)(b) ofthis rule, any permit-to-operate, 

### !lfiilfflf Q! 

### any terms and conditions specifically identified in the standard terms and conditions ofa PTIO as no longer enforceable under conditions described in paragraph (B)(!) ofthis rule, will be supersededby the issuance ofthe Title V permit required under paragraph (B)(l)(a) ofthis rule, and, ifapplicable, the permit-to-install required under paragraph (B)(l)(b) of this rule. All superseded permits-to-operate and specifically superseded terms and conditions of a PTIO, will terminate and cease to be enforceable. As applicable, terms and conditions ofany PTIO not superseded will function as the permit-to-install. (2) The following is applicable to an owner or operator who currently holds a Title V permit where a change eliminates the applicability ofChapter 3745-77 of the Administrative Code but the change does not exempt the owner or operatorfrom requirements to obtain a

**PTIO,~** 

### (a) The owner or operator may submit the required application and obtain a PTIO or Federally Enforceable PTIO (FEPTIO) from the director, as required underthis chapter. [Comment: An owner or operatorwith authorityto operate under aTitle V permit which subsequently makes a change at the facility that eliminates the applicability of Chapter 3745-77 ofthe Administrative Code is not obligated to obtain a PTIO or FEPTIO if the owner or operatorelects to continue to be permittedunderthe Title Vpermit.] (b) Final issuance ofany permit under paragraph (B)(2)(a) ofthis rule does not release the owner or operator from the requirements contained in Chapter 3745-77 ofthe Administrative Code or the owner or operator's active Title V permit, except as expressly released in rule, by order of the director, or a in afederally enforceablepermit. (C) Permanent shutdown ofan air contaminant source subjectto the terms and conditions ofapermit-to-install orPTIO. When expresslyprovidedin the terms and conditions ofapermit-to-install or PTIO,3745-31-02 5

the owner or operator of an air contaminant source that is permanently shutdown may be relieved from certain requirements in the tenns and conditions of the pem1it-to-install or PTIO, without obtaining a modification or administrative modification, upon meeting ilie requirements specified in the permit for permanently shuttingdown aircontaminant sources. Thoseterms and conditionsfor which ilie owner or operator is relieved will cease to be enforceable upon meeting the requirements for pennanently shutting down air contaminant sources contained inthe terms and conditions ofthe permit. (D) The director, in his erher the director's discretion, may issue an order requiring any person planning to install or modify, or in ilie process ofinstalling or modifying, any air contaminant source as defined in rule 3745-31-01 of ilie Administrative Code, that is otherwise exempted, to obtain a permit-to-install or PTIO, before proceeding with installation ormodification, ifin the director'sjudgment, operation ofthe air contaminant source after installation or modification might result in a violation of ilie criteria established in paragraph (A) of rule 3745-31-05 of the Administrative Code. (E) The director, in his e1· her the director's discretion or where required to do so by federal laws or regulations, may issue a single permit-to-install or PTIO having application to all pollutants ofany kind emanating from any air contaminant source, or issue a single permit-to-install orPTIO having applicability to more than one air contaminant source, controlled by a common owner or operator, located in the same county. (F) The approval to construct f!fttlfflf gr operate under this chapter shall not relieve any owner or operator ofa stationary source ofthe responsibility to comply fully with applicable provisions ofiliis chapter and any other requirements under local, state orfederal law. (G) Ifany provision ofthis chapter or ilie application ofsuch provision to any person or circumstance,·is held invalid, the remainder ofthis chapter, or the application of such provision to persons or circumstances oilier than those as to which it is held invalid, shall notbeaffectedthereby.3745-31-02

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F), 3704.03(G) 3704.03(G), 3704.03(F), 3704.03(A) 7/5173, 1/1/74, 11/7/79, 6/14/82, 8/15/82, 9/18/87, 4/20/94, 11/18/94,4/12/96,4/27/98,6/18/01, 11/30/01,10/17/03,10/28/04,1113/06,12/01/06, 6/30/08 6

### 3745-31-04 Applications.



### (A) Applications for permits-to-install and PTIOs required by rule 3745-31-02 of the Administrative Code shall contain such information as the directordeems necessary to determine whether the criteria ofrule 3745-31-05 ofthe Administrative Code are met and shall be made on forms prepared by the Ohio environmental protection agency. (B) Applications for permits-to-install and PTIOs shall be signedby the following: (I) In the case ofa corporation,

## ey aprincipal executive officer ofat least the level of vice president, or his/fier the duly authorized representative, if such representative is responsible for the overall operation ofthe

**facility;~** 

### (2) Inthe case ofapartnership,

## ey a general

**partner;~** 

### (3) In the case ofsole proprietorship,

## ey the

**proprietor;-tlfitl~** 

### (4) In the case ofa municipal, state, federal or other governmental facility, 

## ey the principal executive officer, the ranking elected official, or other duly authorized employee. (C) 

### The signatures shall constitutepersonal affirmationthat all statements or assertions of fact made in the application are true and complete, comply fully with applicable state requirements, and shall subjectthe signatory to liability under applicable state laws forbidding false or misleading statements. (D) PTIO applications for grain and feed processing operations and fertilizer mixing

**operations~** 

### (I)A single PTIO application maybe submitted for the following sources: (a) Shellers, hammer mills and aspirated bagging operations and other air contaminant sources subject to rule 3745-17-11 ofthe Administrative Code and which are located at a stationary source which constitutes a grain and feed processing operation. (b) Air contaminant sources which are subject to rule 3745-17-11 of the Administrative Code and which are located at a stationary source which constitutes a fertilizer mixing operation. (2) A PTIO application for air contaminant sources offugitive dust at grain and3745-31-04 2

feed processing operations or a fertilizer mixing operation and which are subject to rule 3745-17-08 ofthe Administrative Code shall be submitted in accordance with applicable law.3745-31-04

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 3

01/10/2014

119.03 3704.03(F), 3704.03(G) 3704.03(G),3704.03(F), 3704.03(A) 111174, 12/5/80,8/15/82,9/18/87, 10/31/96, 10/17/03, 11/3/06, 12/1/06, 6/30/08

### I I 

### I I I I 

### I I3745-31-06 Completeness determinations, processing requirements, public participation, public notice, and issuance.

[Comment: For dates and availability of non-regulatorv government publications. publications of recognized organizations and associations. federal rules. and federal statutorv provisions referenced in this rule. see paragraph (LLLLLLl ofrule 3745-31-01 oftheAdministrative Code titled. "referenced materials.") (A) Completenessreviewtime restriction. Within sixty days after the director or hisAher the director's agent or authorized representativereceives an application for the issuance ofapenni!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, ofthe determination. Ifthe director fails to make such a completeness determination and provide written notice ofthe 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 ofsuch a completeness determination. (B) Requestfor completeness determination. Within thirty days after receiving a written request for the making of a completeness determination on an application under paragraph (A) ofthis rule, the director shall determine whether the application is substantially complete or materially deficient and, in writing, notifY the applicant of his/her the determination. If the director fails to make a completeness detennination and provide written notice ofhis/.fler the 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 the director's agent or authorized representative. (C) Materially deficient applications. If, within the time prescribed in paragraph (A) and, ifapplicable, paragraph (B) of this mle, the director or his/her the director's agent or authorized representative detennines that an application is materially deficient, the director shall return the application to the applicant. The mnning ofthe time prescribed under paragraph (A) ofthis mle and, ifapplicable, paragraph (B) ofthis mle ceases at the time that the determination is made. Ifthe applicant subsequently resubmits the application to the director, the time prescribed in paragraph (A) ofthis mle and, ifapplicable, paragraph (B) ofthis mle shall resume rurming at the time that the application is resubmitted. The resubmission of the application constitutes a request for the making ofa completeness determination on the application. The director shall do3745-31-06 2

one ofthe following within the time remaining pursuant to paragraph (A) and, if applicable, paragraph (B) ofthis rule atthe time that the application is resubmitted: (1) Make a completeness determination on the application and, in writing, notify the applicant offfis/il,erthe determination; (2) Issue ordenyorproposeto issue orpropose to denythepermitormodification. (D) Completeness datenotification. The director shall include in each written notice of the completeness of an application provided under paragraph (A), (B), or (C)(l) ofthis rule the date on whichthe application was determinedto becomplete. (E) Permitdecision time limits and issuance ordenial. A permit-to-install or PTIO shall be issued, modified or denied and may be challenged in accordance with the provisions ofthe rules ofprocedure ofthe Ohio enviromnental protection agency, Gl!Bj'lter 3745 47 Chapters 3745-47 and 3745-49 ofthe Administrative Code. (I) For the purposes ofthis paragraph, "initial construction PTIO" means a PTIO for an air contaminant source that is not currently regulated under a permit-to-install orPTIO. (2) Permit-to-install, initial constructionPTIO, ormodification. (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 ofthe 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 detennination of the completeness of the application provided under paragraph (A), (B), or (C)(!) ofthis rule or within one hundred eighty days after the applicationis deemedtobe completeunderparagraph (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 ajudgmentthat orders the director to take a final action onthe application.3745-31-06 3

(3) PTIO for aircontaminant sources currentlyregulatedunder a permit-to-install. (a) The director may issue ordeny orpropose to issue ordeny a PTIO, where the applicant holds apreviously issuedpermit-to-install for tl1e same air contaminant source, pursuant to rules adopted under division (F) of section 3704.03 ofthe Revised Code as expeditiously as practicable, exceptwhen the air contaminant source is considered a modification as defined in rule 3745-31-01 ofthe Administrative Code. then paragraph (E)(2) ofthis rule shall be applicable.;- (i) '.VlleR !lie air eeHtaffiiRant settree is eeRsidered a medifieatieH as defiRed iR rttle 3745 31 Ql ef !lie AdmiRistratiYe Cede, theH paragraph (E)(2) eftllisntle sllall ae RJ9plieaale. (4) Expresspermit-to-install orexpress PTIO. (a) Within sixty days ofthe receipt ofa complete request, the director shall notifythe applicantwhetherthe aircontaminant 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 ifthe applicanthas notbeennotified orupon the issuance ofthe express permit-to-install orexpress PTIO. (b) Wit!1in 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 orexpress PTIO. (5) Administrativelymodifiedpermit-to-install orPTIO. The director may issue or deny orpropose 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. (a) The direeter may isstte Sf deey or prepese te isstte er deHy a pefffiit te iRstaU er PTIO that meets !lie definitieR efan admiRistrative medifieatien in rttle 3745 31 Ql efthe A<lrninistratiYe Cede, pttrsttant to rttles adopted ttnder divisien (F) ef seetien 37Q4.Q3 ef !lie Revised Cede, as el<peditiottsly as praetieaa!e. (6) RenewalPTIO.

### 3745-31-06 4



### (a) The director shall issue or deny or propose to issue or deny a renewal PTIO pursuantto rules adoptedunder division (F) ofsection 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 ofthe application provided under paragraph (A), (B), or (C)(l) of this rule or within one hundred eighty days after the application is deemed to be complete under paragraph (B) ofthis rule, as appropriate. Ifthe 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 ofthe Revised Code, when an applicant submits a timely and complete renewal application pursuant to applicable law and the terms and conditions ofthe PTIO, the permittee's failure to have a renewed PTIO is not a violation ofthis chapter. Upon expiration ofthe PTIO, the pennittee shall continue to operate under the terms and conditions of an expired PTIO until issuance ofarenewal PTIO by the director. (F) Extension ofthe permitreview time period for the public" The director, upon ffis/her the director's 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 ifa public meeting or public hearing was held onthe application for the permit or modification. (G) Extensions ofthe pennitreview time period for the applicant Upon the written request ofthe applicant, the director, in writing, may extend the time provided under paragraph (E) ofthis rule for issuing or denying or proposing to issue or deny the permit or modification for the additional time specified in the applicant's request for the extension. (H) Public participation/notification**requirements~** 

### The director shall do the following: (1) Notify the public, by advertisement in a newspaper ofgeneral circulation in each county in which the proposed air contaminant source would be3745-31-06 5

constructed and operated, ofthe application, the draft action (ifissued), the ambient airimpactthatis expectedfrom the nonattainmentNSRpermit orthe PSD permit, if any, and of the opportunity to request a public hearing, comment at that public hearing !lft!!fflr or submit written comments on any draft action. This notice shall follow the requirements under Chapter 3745 47 3745-49 ofthe Administrative Code. (2) Send a copy ofthe notice ofpublic comment to the applicant, the administrator of the United States enviromnental protection agency, and to officials and agencies having jurisdiction over the location where the proposed air contaminant source wouldbebuilt as follows: (a) Any other state orlocal airpollutioncontrol agenciest. (b) The chief executives of the city and county where the air contaminant source wouldbelocatedt. (c) Any comprehensive regional landuse planning

**agency~.** (d) .Any federal land manager, Indian governing body, or state whose lands may be affected (ifl tHe EliFeetsF's jHEigmeflt) by emissions from the air contaminant sourceormodification. (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 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 ofpublic comment and all comments received at any public l!eflf'iflg(s) hearingin making a final decision on the approvability ofthe application. The director shallmake all comments available for public inspection. (5) Notify the applicant in writing of the final determination and make such notification available for public inspection. (I)Federal landmanagernotification requirements. For purposes ofnew source review of any new major stationarv source or major modification that may affect any Class I area and would be constructed in an area that is designated attainment. nonattainment. orunclassified under 40 CFR 81.336. in any review under rule 3745-31-17 ofthe Administrative Code with respect to3745-31-06 6

visibility protection and analysis of a Class I area. the director shall provide the following: (1) Written notification to all affected federal land managers ofany proposed new major stationary source or major modification that may affect any Class I area. Such notification shall be made in writing and include a copy of all information relevant to the permit application within thiey days ofreceipt of and at least sixty days mior to the public hearing held by the Ohio environmental protection agency on the application for an installationpermit. Notifications underthis paragraph shall include an analysis ofthe anticipated impacts on visibility in any Class I area. This written notification may be waived with documented approval from all affected federal land managers in advance ofthe sixtvday review periodpriorto thepublichearing. (2) Where the Ohio environmental protection agency receives advance notification (e.g. early consultation with the source prior to submission ofthe application or notification of intent to monitor under rule 3745-31-14 of the Administrative Code) ofa permit application for a source that may affect any Class I area. the director shall notify all affected federal land managers no laterthan thiey days after such advance notification. (3) The director shall consider any analysis performedby the federal land manager. provided within thiey days of the federal land manager application notification and analysis reguired under paragraph CI)(l) of this rule. demonstrating whether the proposed new major stationary source or major modification has an impact on visibility in any Class I area. Where the director finds that such an analysis does not demonstrate to the satisfaction of the director that an impact on visibility will result in a Class I area. the Ohio environmental protection agency shall either movide an explanation ofthe finding or give notice as to where the explanation can be obtained in the notice for the publichearing.3745-31-06

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: Prior Effective Dates: 01/10/2014

119.03 3704.03(F), 3704.03(0) 3704.03(0), 3704.03(F), 3704.03(A) 7/5173, 111174, 1217178, 1117179,6/14/82, 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/]8/94,4/12/96, 4/27/98,6/18/01, 11130/01, 10/17/03, 10/28/04, 11/3/06, 12/1106, 6/30/08 

### 7

### 3745-31-07

(A)

**Termination~** Termination, revocation, expiration, renewal, revision and transfer.

(l) 

### Authorization to install or modifY an air contaminant source(s) contained in an issuedpermit-to-install or PTIO shall tenninatewithin eighteen months ofthe effective date ofthe issuance ofthe permit-to-install or PTIO that authorized the installation or modification, ifthe owner or operatorhas not undertaken a continuing program ofinstallation 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 setlfee(s) source. (2) The director may administratively modify a permit-to-install or PTIO to extend these dates oftermination by up to twelve months ifthe 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, adequatelyjustifies an extension oftime. No appeal taken from denial ofextension ofatermination date shall preventtermination ofapermit during the period between denial of extension and final disposition of the appeal unless prohibited by any court or administrative body having jurisdiction overthe matter. (3) A permit-to-install, permit-to-operate orPTIO maybe terminated in accordance with paragraph (A)(2) or (B)(l)(c) ofrule 3745-31-02 ofthe Administrative Code. (B)

**Revocation~** 

### (1) The directormayrevoke apermit-to-install or PTIO, ifthe director concludes at any time that any applicable laws have been orare likely to be violated. (2) The director may also revoke, or partially revoke, a permit-to-install, PTIO or vaiFBfiee 

### variance if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation ofany applicable laws. When a pennittee requests a revocation, the director, without prior hearing, shall make a final determination on the application. (3) Revocation, pursuant to paragraph (B)(l) ofthis rule, of a permit-to-install, PTIO or variance shallbe final thirty days after service ofnotice to the permit holder.

--..

**----~-** ..**---~~---~ ·-----~----~-**  -----·-··- -----------··-----

**-----------~------·----** <··-'.-<!·-·u,·/-c,f'! 01,:.',,n_•; J-'!!)m,;t-., ·,;•!4ii''-"r' ;•a ;r,; '••·;;{' d·U;.::-,r.,<,;- "\:3745-31-07 2

(4) The Ohio environmentalprotection agency shall afford a prompthearing to any permitholderwhosepermit-to-install orPTIO is revoked, except as described in paragraph (B)(2) ofthis rule, in the mannerprescribed in Chapter 3745 47 3745-49 ofthe Administrative Code. (5) A variance issued pursuantto rule 3745-31-09 ofthe Administrative Code may berevokedifany ofthe following occur: (a) The director determines that any ofthe terms, conditions, standards, or requirements ofrule 3745-31-09 ofthe Administrative Code have been or will be violated or that circumstances have changed so that the applicantis no longer eligible for a variance underthat rule;-&. (b) The signatory fails to file an interim report as required pursuant to paragraph (G)(4) ofrule 3745-31-09 ofthe Administrative Code, or if such report fails to satisfY the director that the source is making satisfactotyprogress;-e¥. (c) False or misleading statements are made in an interim report required pursuant to paragraph (G)(4) ofrule 3745-31-09 ofthe Administrative Code. (C) Expiration andrenewal. (1) A PTIO may be issued for a period oftime consistent with the requirements of division (G) of section 3704.03 of the Revised Code, and is subject to renewalpursuantto rule 3 7 45-31-05 ofthe Administrative Code. (a) A conditional PTIO issued pursuant to paragraph (B) ofrule 3745-31-05 of the Administrative Code shall be effective for such reasonable periods as the directormay determine on a case-by-case basis consistent with #te reEjttiremeats efdivision (G) ofsection 3704.03 ofthe Revised Code. A conditional PTIO may not be renewed; however, the effective date may be extended for such reasonable periods as the director may determine on a case-by-case basis provided the total time period of effectiveness is consistent with #te reEjtliremellts ef division (G) of section 3704.03 ofthe Revised Code. (b) A FEPTIO issued pursuant to paragraph (D) ofrule 3745-31-05 ofthe Administrative Code shall be effective for a period oftime consistent with#te reEjttiremellts efdivision (G) ofsection 3704.03 ofthe Revised Codebutno longerthan five years, and is subjectto renewal.

### 3745-31-07 3

(2)

### A permit-to-install does notexpire and is notrenewable. (3) Any site approval for aportable source issued pursuantto paragraph (H) ofrule 3745-31-05 ofthe Administrative Code may be issued for a period oftime consistent with the requirements of division (G) of section 3704.03 of the Revised Code, and is subject to renewal pursuant to paragraph (H) ofrule 3745-31-05 ofthe Administrative Code. (4) Any variance issued pursuant to rule 3745-31-09 ofthe Administrative Code may be issued for a period of time consistent with the requirements of division (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 ofthe program specified in any compliance schedule incorporated into the variance and/or is complying with any otherterms and conditions ofthe variance. Renewal shall be consideredpursuantto rule 3745-31-09 ofthe 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 lawor otherfactors affecting the compliance ofthe air contaminant source with the standards or conditions of any currently effectivepermit. (2) The director may revise any site approval for a portable source issued pursuant to paragraph (H) ofrule 3745-31-05 ofthe Administrative Code to add or delete certainportable sources or addor delete certainterms 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 ofparagraph (D) ofthis rule. (E) Transfer. The transferee ofany permit-to-install. PTIO or variance shall assume personally the responsibilities of the original permit holder-transferor. The Ohio environmental protection agency must be notified in writing. in a manner prescribed by the director. ofany transfer ofa permit once the transfer has been completed.3745-31-07 4

(1) The !!'Elasferee ef 8ft)' J3effflil te iastall, PTIO er '<'frl'iaaee shall asstlfl'le J3erseaally tfle resj3easfbili!ies ef !fie erigiaal j3effflit he!t!er li'Elasferer. The Ofiie eavireaffieffial J3Feleetiea ageaey ffiliS! be netifiet! ffi wfi.ting, ia a ffiaB!ler J3reseribet! by the t!ireeter, ef aay lffillsrer ef a J3effflit eaee tfle tF&Hsfer has BeeR eetH_f)letecl.3745-31-07

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatntoryAuthority: Rule Amplifies: PriorEffective Dates: 01110/2014

119.03 3704.03(F), 3704.03(0) 3704.03(0), 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, 11118/94,4/12/96,4/27/98, 6118/01, 11130/01, 10/17/03, 11/3/06, 1211/06, 6/30/08 5

# I 

# I

I 

# I

I 

# I

I 

# I3745-31-08 Registration status permit-to-operate.

(A) Forpurposes ofparagraph (B) ofthisrule: (1) "Maximum potential yearly emissions" means the total weight oflead, 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 calendaryear. (2) "Registration status" means that the source may be operated without having obtained a permit-to-operate or variance, and exists upon notification as providedbythe director. (B) Priorto Fhe effeetive Eiffie sfthis rule June 30. 2008, the director may have placed an air contaminant source on registration status after submittal ofan application for a permit-to-operate, rather than issuing a permit-to-operate, ifthe owner or operator ofsuch source demonstratedto the satisfaction ofthe directorthatthe source was in compliance with applicable law and ifthe following conditions were met: (!) The source was not subject to any mass emissions limitation or control requirement specifiedwithin orpursuantto any applicable law; or (2) The source was subject to a mass emissions limitation or control requirement specified solely within Chapter(s) 3745-17, 3745-18, and/or 3745-21 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 ofparticulates and sulfur dioxide from the sourcewere each less thantwenty-five tons. (C) An air contaminant sourceplaced onregistration status as ofthe effective date ofthis rule may remain onregistration status until removed in accordance with paragraph (D) or (E) ofthis rule. (D) The director may at any time require the owner or operator of an air contaminant source which obtained registration statuspriorto Fhe effeeti,e Elate sffuis mleJune 30. 2008, to submit an updated application for a PTIO or variance and/or to demonstrate its continued compliance with the requirements ofparagraph (B) of this rule. Ifthe owner oroperatorcomplies with this request ofthe director within a reasonable period oftime as specifiedby the director, the updated application shall be processed in accordance with applicable law, including continuation of the existing registration status ifappropriate. Ifthe owner or operator fails to comply with this request ofthe director within a reasonable period oftime 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 processed3745-31-08 2

in accordance with applicable law. Any subsequent permit denial or notice of application deficiency shall serve as notice to the owner or operator ofthe source that the permit-to-operate application for such source has in fact been removed from registration status. (E) The director may revoke a registration status obtained prior to 1he effeetive sate ef this Fl:lle June 30. 2008 if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation ofany applicable laws. When a permittee requests a revocation pursuant to the paragraph, the director, without prior hearing, shall make a final determination on the request. Revocation ofregistration status shallbe final immediately after service ofnotice to the registration status holder.3745-31-08

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 3

01/10/2014

ll9.03 3704.03(F), 3704.03(0) 3704.03(0), 3704.03(F), 3704.03(A) 1/1/74, 11/7179,8115/82, 6/18/01, 11/30/01, 10/17/03, 1113/06, 1211/06, 6/30/08

# I I

I I

I I I I

### 3745-31-09 Variances on operation.



### [Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see <he "IHeef!Jeffitiefl 

### lly RefeFeHee" 

### paragraph CLLLLLL) at 

### tile eRE! ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials".] (A) Avariance may be applied for and obtainedfrom the directorthat allows operation or other use ofan air contaminant source that emits an air pollutant in violation ofan applicable law pursuant to the provisions ofthis rule, exceptfor the following: (I)No variance shall be granted from Chapter 3745-19 ofthe Administrative Code governing open

**burning;-tlf*i~** 

### (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 anew

**source;-tlf*i~** 

### (3) No variance from any rule ofthe director adopted under Chapter 3704. ofthe Revised Code maybe granted exceptpursuantto this rule. (B) Applications for variances shall meet the requirements of rules 3745-31-02 and 3745-31-04 oftheAdministrative

**Code~** 

### (1) Any variance application that fails to provide infonnation needed to provide a factual basis for ascertaining compliance with each of the relevant requirements ofthis rule may be considered defective and be treated as ifit had not been filed. Such application shall be returned to the applicant as expeditiously as practicable with an indication of the deficiencies therein. 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 occuruntil deficiencies have beenremedied. (2) An application which seeks a variance pursuant to this rule which allows an applicant to emit an air pollutant at a specified level in excess ofemissions standards prescribedby applicable law withoutrequiring eventual compliance with such standards shall specify the level of emission sought. Any such application which fails to so specify maybe treated as a deficient application as setforth inparagraph (B)(l) ofthis rule. (C) Standards for granting

**variances~**

**----~-~-~~--------------- ---~·-··-**  **------~~----~-----** .,,," 1·

**'•~:-!>** n-13745-31-09 2



### (I) A variance for an air contaminant source may allow an applicant to do the following: (a) Te emit 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 permittedby applicable law;-er. (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;-er. (c) To emit an air contaminant in accordance withboth paragraphs (C)(l)(a) and (C)(l)(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) ofthis rule, and paragraph (C)(2)(f) ofthis rule, or, demonstrates the requirements ofparagraphs (C)(2)(d) to (C)(2)(f) ofthis rule: (a) Either: (i) The ambient air quality standards for the particular air contaminant to which the requested variance pertains are currently being met throughout the region affected by the emissions from the air contaminant source;-er. (ii) The emission ofair contaminants in accordance with the variance will not prevent or interfere with the attainment of ambient air quality standards by contributing, either singly or in conjunction with other sources, to a failure to attain ambient air quality standards by the date or dates prescribed by applicable law throughout the region affected by the emissions from the air contaminant source;. (b) The emission ofair 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 air3745-31-09 3



### 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 necessarybecause compliance with the emission standard from which the variance is soughtis, 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 which will allow emissions ofair 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 do the following: (a) 

### Result in a reduction in actual emissions of the air contaminant from such other source or sources which is equivalent to or greater than the reduction which would occur ifthe source for which the variance 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 ifthe source for which the variance is requested were to comply with applicable law and if all such other sources were to either comply with applicable law or maintain their actual level of emissions if such level is less than permitted by applicable law;-. (c) 

### Include applications for variances or PTIOs (or modifications ofexisting variances orPTIOs) for such other sources at the same facility that specify a level ofallowable emissions of an air contaminant which is below the level established by applicable law and which satisfies the requirements 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 be3745-31-09 4

the same for purposes ofparagraph (C)(2)(d)(i) ofthis rule only if they are comparable interms oftype ofcontaminant. (iii) Emissions of particulates of the following types shall not be considered, for purposes ofparagraph (C)(2)(d)(i) ofthis rule to be the same as emissions ofparticulates ofany othertypes: (a) Asbestost. (b) Berylliumt. (c) Cokeovenemissionst. (d) Lead;--atTd. (e) Mercury. (iv) Emissions of organic compounds ofthe following types shall not be considered, for purpose ofparagraph (C)(2)(d)(i) ofthis rule, to be the same as emissions oforganic compounds of any other types: (a) Benzene;--atTd. (b) Vinyl chloride. (e) Such compliance with applicable law or other terms and conditions as is required by the variance will be achieved as expeditiously as practicable;. (f) If any rule from which a variance is sought has been approved by the administrator ofthe 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,Cf!er the administrator's representative as a revision to the Ohio state implementationplan. (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 the3745-31-09 5

Revised Code which is submitted by the applicant, developed by the agency, or obtained from another source, even though the demonstrations required by paragraph (C) ofthis rule havebeenmade. (E) Actionon 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 3745-49 of the AdministrativeCode. (2) The director shall act on an application for a variance within six months ofthe filing ofa complete applicationbyissuing aproposedorfinal action. (3) Variances under this rule shall be issued, denied, modified, orrevoked and may be challenged in accordance withtheprovisions ofChllj'Jtef 3745 47 Chapters 3745-47 or 3745-49 ofthe Administrative Code. (a) In issuing, denying, modifying, or revoking any variance, the director shall state his/lief the director's reasons in writing. The decision and reasons shall be made publicly available at the cost ofreproduction and handling. (F) Variances from rules containedin the Ohio stateimplementation

**plan~** (1) A variance from a rule which has been approved by the administrator ofthe United States environmental protection agency as part of the Ohio state implementationplan shall notbe issuedunless the following occurs: (a) Such variance has been submitted to the administrator as a revision to the Ohio state implementation plan pursuant to applicable law, including, butnotlimitedto, 42USC 7410 and40 CFRParts 51 and

**52j-tlftd~** (b) All requirements ofapplicable 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 p

**lan;-tlfltl~** (c) The variance contains a condition that the variance will not be effective until approved by the administrator or his/lief the administrator's representative as a revision ofthe Ohio state implementationplan.3745-31-09 6

(EI) If a Vflfianee has been tlj9j91'6Vee by the aEiminis!ffiter j'lttfSttant !e J9flfagrtlj9h (F)(I) efthis mle, a rene·.val ef saeh varianee shall net be sttbjeet te the reql±irernents ef J9flfagrtlj9h (r)(l) ef this rnle nnless a signifieant aifferenee eltists between the material asj'leets sf sneh varianee ana the re11ewea fefffl ef sneh vflfianee. Fer the J9ttrpsses sf j9aragrtlj9h (F)(l) efthis rale, a signifieant aiffere11ee shall i11elnae allJ' ehange ill the fi11al eeftlj'lliaaee Elate efat1)'esftlj'llial!ee seheaale. (2) Uj'lel! issnanee ef a 'vflfianee aatheriziag ernissiens as aeseribea ill J9flfagrtlj9h (C)(l)(a) er (C)(l)(e) ef this mle, ana t!J98n tlj9J9feval thereef by the atlrninistratsras J9FsviEiea byJ9aragraJ9h (F)(l)(e) efthis mle, iftlj9J9lieable, the aireeter shall J9Fej9ese te amena the mle frsrn whieh the vflfianee is issnea te J9Feviae fer ernissiens anthsri>lea b)' the varianee. The arneaaea rale shall be J9fSJ9SseEI en!)· if, in the Elireetsr'sjnagffien!, sneh arnel!eea mle will eenfenn te all reqnirernents ef tlj9J9lieable law, illelnaiag, if aJ9J9lieaale, reqairernents regflfaing iftlj'llernentatisn J9lans. Fsllswillg releffiaki11g J9fSeeaares ffianaatea by law sa the J9FSJ9Ssal, the Elireetsr shall talte sneh aetien 81! the J9fSJ9ssal as is lawfal anareasenable. Ifa variance has been approvedby the administrator pursuantto paragraph (F)(l) ofthis rule. a renewal ofsuch variance shall not be subjectto paragraph (F)(]) ofthis ruleunless a significantdifference exists between the material aspects ofsuch variance and the renewed form ofsuch variance. For the purposes of paragraph (F)(!) of this rule. a significant difference shall include any extension of the final compliance date of any compliance schedule. but shall not include the reduction in allowable emiSSIOnS. (G) Terms and conditions ofvflfiatiensvariances. Upon issuance of a variance authorizing emissions as described in paragraphs (C)(l)(a) to (C)(l)(c) ofthis rule. andupon approval thereofbythe administratoras provided byparagraph (F)(I)(c) ofthis rule. ifapplicable. the director shallpropose 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 theproposal as is lawful andreasonable. (1) A single variance issuedpursuantto this rule for an air contaminant source may providethe applicantrelieffrom more than one emissionlimitation. (2) Except as otherwise appropriate under paragraph (C) ofthis rule, an approved compliance schedule shall be incorporatedinto anyvariance granted.

### 3745-31-09 7

(3) 

### Each variance issued pursuant to this rule and each variance or PTIO issued to another source pursuant to paragraph (C)(2)(d) ofthis 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 ofa 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 ofthe 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. (H) The possession ofa variance shall not relieve the holder ofresponsibility to comply with all other applicable law and rules of the Ohio environmental protection agency. (I) Variances may be revoked pursuant to paragraph (B)(5) ofrule 3745-31-07 ofthe Administrative Code.3745-31-09

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F), 3704.03(G), 3704.03(H) 3704.03(G), 3704.03(F), 3704.03(A) 7/5/73, 11/7/79, 12/5/80, 8/30/82,4/12/96, 6/18/01, 10/28/04, 11/3/06, 12/1106, 6/30/08 83745-31-10 NSR projects at existing emissions units at a major stationary source.

(A) The following provisions applyto NSRprojects at existing emissions units at a major stationary source (other than NSR projects at a stationary source with a PAL) in circumstances where there is a reasonable possibility that a NSRproject that is not part ofa major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraph (AAAAA) (GGGGG) ofrule 3745-31-01 ofthe Administrative Code for calculatingprojected actual emissions. (1) Before beginning actual construction ofthe NSRproject, the owner or operator shall document andmaintain arecord ofthe following information: (a) A descriptionofthe NSRproject;. (b) Identification of the emissions unit(s) whose em1sswns of a regulated NSRpollutantcouldbe affectedbytheNSRproject;--t!fttl. (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 (AAAAA)(l)(e) IGGGGG)(l)(c) ofrule 3745-31-01 ofthe Administrative Code and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (2) Before beginning actual construction, regardless of whether the owner or operator determines there is areasonable possibilitythat a NSRprojectthat is not part of a major modification may result in a significant emissions increase, the owner or operator shall provide a copy ofthe information set out in paragraph (A)(l) ofthis rule to the director for any ofthe followinfi: (a) New or modified emissions units where the sum of the federally enforceable potential to emit ofthe new or modified emissions units associated with the NSR project prior to the issuance of the NSR project's permit-to-install is greater than any one of the significant levels found in the significant definition of rule 3745-31-01 of the Administrative Code. (b) Any emissions unit that is an existing electric utility steam generating unit.

-------..-..--.. **~~~~----~---** '" ,)'j-11':"""3745-31-10 2



### (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 em1ss1ons of any regulated NSR pollutantthat could increase as aresult ofthe NSR project and that is emitted by any emissions units identified in paragraph (A)(l)(b) of this rule; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendaryearbasis, for aperiod offive years following resumption ofregular operations after the change, or for aperiod often years following resumption ofregular operations after the change ifthe NSRproject increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. ( 4) Ifthe 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 ofeach year during which records mustbe generated underparagraph (A)(3) ofthis rule setting outthe emissions unit's annual emissions during the yearthatpreceded submission ofthe report. (5) Ifthe emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the director if the annual emissions, in tons per year, from the NSR project identified in paragraph (A)(l) of this rule, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (A)(l)(c) of this rule, by a significant amount for thatregulated NSRpollutant, and ifsuch emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (A)(l)(c) ofthis 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 ofthe major stationary sourcet. (b) The annual emissions as calculated pursuant to paragraph (A)(3) ofthis**rul~.** 

### (c) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstructionprojection). (6) 

### A "reasonable possibility" under this rule occurs when the owner or operator3745-31-10 3

calculates the projectto resultin either: (a) A projected actual emissions increase of at least fifty per cent of the amount that is a "significant emissions increase." as defined in rule 3745-31-01 of the Administrative Code (without reference to the amount that is a significant net emissions increase). for the regulated NSRpollutant. (b) A projected actual emtsswns increase that. added to the amount of emissions excluded under paragraph (GGGGG)(3) ofrule 3745-31-01 ofthe Administrative Code. sumsto at leastfifty percentofthe amount that is a "significant emissions increase." as defined under paragrapgh (WWWWWl ofrule 3745-31-01 ofthe Administrative Code (without reference to the amount that is a significant net emissions increase). for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning ofparagraph (Al(6l(b) of this rule. andnot also within the meaning ofparagraph (A)(6l(al ofthis rule then provisions under paragraphs (A)(2) to (A)(5) ofthis rule do notapply to the project. (B) The owner or operator of the source shall make the information required to be documented and maintainedpursuantto this rule available for reviewuponrequest.3745-31-10

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F) 3704.03(F), 3704.03(A) 4/12/96, 10/28/04, 12/1106, 6/30/08 43745-31-11 Attainment provisions - ambient air increments, ceilings and classifications.

[Comment: For dates and availability of non-regulatory goverrunent publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "IneBFJ3BFatieH lly Referenee" seetien at tlte ent! efFttle 374§ 31 01 efthe AtlministFati¥e Cet!eparagraph (LLLLLL) ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials.""] (A)**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an mr pollutantfor whichthe major stationary source ormajormodification is major. (B) Allowable**increments~** The director shall require, through the issuance of a permit-to-install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code, the emission limitations and such othermeasures as maybe necessary to assure that, in areas designated attainment below as Class I, Class II or Class III, increases in ambient air pollutant concentration over the baseline concentration shall be limited tothe following: MaximumAllowable Increase

### Elfgo1 eHS) l.!!gillh Air Pollutant Averaging Period ClassI Class II Class III Particulatematter**PM2.~** annual arithmetic mean I 4 8 twenty-four-hour**~** 

### 2. 

### 18. maximum PMlO annual arithmetic mean 4 17 34 .JlM14 twenty-four-hour 8 30 60 maximum Sulfurdioxide annual arithmetic mean 2 20 40 twenty-four-hour 5 91 182 maximum three-hourmaximum 25 512 700 Nitrogen annual arithmetic mean 2.5 25 50

### 3745-31-11 2 

## jdioxide For any period other than an annual period, the applicable maximum allowable increase maybe exceeded during one suchperiodperyear at any one location. (C) 

### Ambient air ceilings. The director, through the issuance ofa permit-to-install pursuant to rules adopted under division (F) of section 3704.03 ofthe Revised Code, shall provide that no ambient concentration ofan airpollutant shall exceed eitherofthe following: (1) 

### The concentration permitted under the national secondary ambient air quality standard;-er. (2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the air pollutant for a period ofexposure. (D) Restrictions on areaclassifications. (1) All ofthe following areas, ifin existence ofAugust 7, 1977, shall remain Class I areas: (a) Internationalparks;. (b)National wilderness areas that exceed five thousand acres in sizet. (c) National memorialparks that exceed five thousand acres in size;-t!fltl. (d) Nationalparks that exceed six thousand acres in size. (2) Areas that were assigned as Class I under regulations promulgated before August 7, 1977 shall remain Class Ibutmaybe reassigned as provided in this rule. (3) All areas of the state are designated Class II but may be redesignated as providedin this rule. ( 4) The following areas may be redesignated only as Class I or II:

### 3745-31-11 3

(a) An area that, as ofAugust 7, 1977, exceeded ten thousand acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildliferefuge, anational lakeshore or

**seashore~.** 

### (b) A national park or national wilderness area established after August 7, 1977 that exceeds ten thousand acres in size. (5) The extent ofareas designated as Class I under paragraph (D)(1) ofthis rule or Class I or II under paragraph (D)(4) ofthis rule shall conform to any changes in the boundaries ofan area that have occurred since August 7, 1977 or that may occur. (E) Exclusions from increment consumption. (1) The following ambient concentrations shall be excluded m determining increment compliance with amaximum allowable increase: (a) Concentrations attributable to the increase in emissions from emissions units that have converted from the use ofpetroleum products, natural gas, orbothby reason ofan order in effect under Section 2(A) and (B) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such emissions units before the effective date ofsuch an order;. (b) Concentrations attributable to the increase in emissions from emissions units that have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such emissions units before the effective date of such plant. (c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew ormodified emissions units;. (d) The increase in concentrations attributable to new emissions units outside the United States over the concentrations attributable to existing emissions units thatare included in the baseline

**concentration~.** 

### (e) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter or nitrogen oxides from emissions

### 3745-31-11 4



### units that are affected by Ohio state implementation plan revisions approved by the Administrator of the United ·States environmental protection agency as meeting the criteria specified as follows: (i) Such time is not to exceed two years in duration unless a longertime is approved by the Administrator of the United States enviromnentalprotection agency;. (ii) The time period for excluding certain contributions, in accordance withparagraph (E)(l)(e)(i) ofthis rule, is notrenewable;. (iii) No emissions increase from an emissions unit can do any ofthe following: (a) 

### Impact a Class I area or an area when an applicable increment is known to be violated;-&. (b) 

### Cause or contribute to the violation ofa national ambient air quality standard;. (c) 

### Limitations under paragraph (E)(l)(e)(iii)(a) and (E)(l)(e)(iii)(b) ofthis rule must be in effect at the end of the time period specified in accordance with paragraph (E)(l)(e)(i) ofthis rule that would ensure that the emission levels from emissions units affected by the Ohio state implementation planrevision would not exceedthose levels occurring from such emissions units before the plan revision was approved. (2) No exclusion ofsuch concentrations shall apply more than five years after the effective date ofthe order to which paragraph (D)(l)(a) ofthis rule refers, or the plan to which paragraph (E)(l)(b) 

### of this rule refers, whichever is applicable. If both such order and plan are applicable, no such exclusions shall apply more than five years afterthe later ofsuch effective dates. (3) No exclusionunder paragraph (E) ofthis rule shall occur later than nine months after August 7, 1980 unless an Ohio state implementation plan revision meeting the requirements of 40 CFR 51.166 has been submitted to the administrator ofthe United States enviromnental protection agency. (F) Class redesignation3745-31-11 5

(1) 

### All attainment areas ofthe state (-. except as otherwiseprovidedunderparagraph (D) ofthis rule1, shall be designated Class II. (2) Upon due consideration, the director may submit to the administrator ofthe United States environmental protection agency a proposal to redesignate to attainment any area ofthe state to Class I or Class II providedthat: (a) At least one public hearing has been held in accordance with procedures established in Chapter3745 47 3745-49 

### ofthe Administrative Code;, (b) Other states, Indian governing bodies and federal land managers whose lands may be affected by the proposed redesignation were notified at leastthirty days priorto the publichearing;, (c) A discussion ofthe reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects ofthe proposedredesignation, were prepared and made available for public inspection at least thirty days prior to the hearing, and the notice announcing the hearing contained appropriate notification ofthe availability ofsuch discussion;, (d) Prior to the issuance of notice respecting the redesignation of an attainment area that includes any federal lands, the state has provided written notice to the appropriate federal land manager and afforded adequate opportunity 

### f. not in excess ofsixty dayst. to confer with the state respecting the redesignation and to submit written comments and recommendations. In redesignating any attainment area with respect to which any federal land manager had submitted written comments and recommendations, the state shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation ofthe federal land manager)t f!fiti, 

### (e) The state has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose govemments in the attainment area covered by the proposed redesignation. (3) Any area other than an area for which paragraph (D) of this rule restricts redesignation may be redesignated as Class III ifthe following applies:

### 3745-31-11 6



### (a) The redesignation would meetthe requirements ofparagraph (F)(2) ofthis rule;. (b) 

### The redesignation has been specifically approved by the governor, after consultation withthe appropriate committees ofthe general assembly, if it is in session, or with the leadership ofthe general assembly, ifit is not in session, and if general purpose units of the local government representing a majority ofthe residents ofthe area to be redesignated enact legislation orpass resolutions concurringin ffi

### the redesignation;. (c) The redesignation would not cause, or contribute to, a concentration of any air pollutant that would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard;-tlflti. (d) Any permit application for any major stationary source or major modification, subject to review under paragraph (F)(1) of this rule, which could receive a permit under this section only if the area in question were redesignated as Class III, and any material submitted as part ofthat application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation ofthe area as Class III.3745-31-11

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 7

### I 

## I I 

## I I 

## I I 

## I I 

## I I 

## I I 

## I I 

## I I 

## I3745-31-13 

### Attainment provisions- review ofmajor stationary sources and major modifications, stationary source applicability and exemptions.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced inthis rule, see "l:nee!'jlerffiien 

### 19y RefereFtee" attl9e enaef rele 374§ 31 91 eftl9e AamiF>isfl'ative Ceae paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Codetitled. "referencedmaterials.""] (A) Startconstructionlimitations. In accordance with this chapter, no major stationary source or major modification located in an attainment area shall begin actual construction unless, at a minimum, the requirements in rules 3745-31-01 to 3745-31-20 of the Administrative Code have been met and the stationary source has obtained a valid Ohio environmental protection agencypermit-to-install. (B) Airpollutants covered. The reEteirerneFtts eeFttaiFtea ffi flflesRules 3745-31-10 to 3745-31-20 of the Administrative Code shall apply to any major stationary source and any major modification as defined by this chapter with respect to each regulated NSR pollutant, except as otherwise allowed in rule 3745-31-13 of the Administrative Code. (C) Attainmentlnonattainment applicability. The FeEtlfiTeFtlents eeFt!aiFtea iF> reles Rules 3745-31-10 to 3745-31-20 of the Administrative Code apply only to any major stationary source or major modificationthat wouldbe constructedin an areathatis designated as attainment or unclassifiable under40 CFR 81.336. (D) Discretionary exemption. Upon request, the director, at his the director's discretion, may exempt the following stationary sources from the requirements contained in rules 3745-31-10 to 3745-31-20 of the Administrative Code as applied to a particular major stationary source ormajormodificationif: (1) The major stationary source would be or is a non-profit health or non-profit educational institution or a major modification that would occur at such an institution;-ffl. (2) The stationary source or modification is a portable stationary source that has

;) i

### 3745-31-13 2 

### previously received a permit under requirements equivalent to those contained in rules 3745-31-10 to 3745-31-20 ofthe Administrative Code if the following at:mly: (a) The owner or operator ofthe stationary source proposes to relocate and emissions of the stationary source at the new location would be temporary;-tlflfl. (b) The emissions from the stationary source would not exceed its allowable emissions;-tlflfl. (c) The emissions from the stationary source would not impact a Class I area orany area where an applicable incrementis known to be violated;-tlfitl. (d) Reasonable written notice is given to the director prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the director not less than thirty days in advance ofthe proposed relocation unless a differenttime duration is previously approvedby the director. (E) Stationary sources locatedin orimpacting nonattainment areas. The reEjttireffieffis eeHfttif!ed iH reles 

### Rules 3745-31-10 to 3745-31-20 of the Administrative Code do not apply to a major stationary source or major modification with respect to a particular air pollutant if the owner or operator demonstrates that, as to that air pollutant, the stationary source or major modification is locatedin an area designated as nonattainment under Section 107 of the Clean Air Act. This exemption does not apply to stationary sources or major modifications that are located in an attainment area that impact a nonattainment areas pursuant to paragraph (D) ofrule 3745-31-23 ofthe Administrative Code. (F) Temporary increases. The reEjtlireffieH!s eEjttiYaleffi t;e t;hese eeffiaiRetl iH reles 

### Rules 3745-31-10 to 3745-31-20 ofthe Administrative Code do not apply to aproposed major stationary source or major modification with respect to a particular air pollutant if the allowable emissions ofthat air pollutant from a new stationary source, or the net emissions increase ofthat air pollutant from a modification, would be temporary and would impact no Class I area and no area where an applicable increment is knownto be violated. (G) Class II area limitations.

### 3745-31-13 3



### The requirements contained in rules 3745-31-08 to 3745-31-10 of the Administrative Code as they relate to any maximum allowable increase for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978 if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT wouldbe less than fifty tons peryear. (H) Exemptions to preapplication ambientmonitoring. The director may exempt aproposed major stationary source or major modification from !fie

**reEjt~iremeHts** 

### sfrule 3745-31-14 ofthe Administrative Code with respect to ambient monitoringfor aparticular air pollutantifthe following apply: (1) The emissions increase ofthe airpollutant from a new stationary source or the new emissions increase ofthe air pollutant from a modification would cause, in any area, airquality impacts less than the following amounts: (a) Carbon monoxide

- five hundred seventy-five flglefflm3

, 

### eight-hour average;. (b) Nitrogen dioxide

- fourteen flg/efflm3

, 

### annual average;. (c) Particulate matter less than 2.5 microns (PM2.5)- four ug/m3

, 

### twenty-four-hour average [Comment: this applies only to directly emittedPM2.5J. 

### fet@ Particulate matter less than ten microns (PMlO)

- ten flg/efflm3

, 

### twenty-four-houraverage;. 

## td-t.CSU Sulfur dioxide- thirteen flg/efflm3

, 

### twenty-four-hour average;. 

### fetill Ozone

- no de minimis airquality level is provided for ozone. However, any net increase ofone hundred tons per year or more ofVOCs subject to the attainment provisions of this chapter would be required to perform an impact analysis including the gathering of ambient air quality data;.

**~W**

### Lead- 0.1 flg/efflm3

, 

### three-month average. 

# ooilil Fluorides- 0.25 flg/efflm3

, 

### twenty-four-hour average;.3745-31-13 4



## Will Totalreduced sulfur- ten Jlglefflm3

, one-hour average;. 

## Will Hydrogen sulfide- 0.2 )lg/effim3

, one-hour average;. 

## ffii.kl Reduced sulfur compounds

- ten )lglefflm3

, one-hour average;-er. (2) The ambient concentrations ofthe air pollutant in the area that the stationary source or modification would affect are less !ban the concentrations listed in paragraph (H)(l) ofthis rule;-er. (3) The airpollutantis notlistedinparagraph (H)(l) ofthis rule;-er. (4) Thedirector determines thatrepresentative monitoring data is available.3745-31-13

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F) 3704.03(A),3704.03(F) 4/12/96, 10/28/04, 12/1/06 53745-31-14 Attainment provisions- preapplication analysis.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see tfie "Iaeerperffiiea

## ey Refereaee" seetiea a{ !fie eae efftlle 3745 31 Q1 ef !fie Aemiffistrtttive Ceee paragraph CLLLLLU ofrule 3745-31-0I ofthe Administrative Codetitled. "referencedmaterials.",] (A) Applicability, This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an air pollutantfor whichthe major stationary source ormajormodification is major. (B) Criteria airpollutants thatrequirepre-application analysis, Any application for a major stationary source or major modification shall contain an analysis of ambient air quality in the area that the major stationary source or majormodification would affectfor eachofthefollowing airpollutants: (I) For a stationary source, each criteria air pollutant that the stationary source wouldhave the potentialto emitin a significant amount; (2) For the major modification, each criteria air pollutant for which the maJor modification wouldresult in a significantnet emissions increase. (C) Non-criteria airpollutantpre-application analysis, With respect to any airpollutant for which no national ambient air quality standard exists excluding pollutants listed under Section 112 of the Clean Air Act, the pre-application analysis shall contain such air quality monitoring data as the directordetermines is necessaryto assess ambient airquality for that airpollutant in any areathatthe emissions ofthat airpollutantwould affect. (D) Ambientmonitoringrequirements, With respect to any air pollutant

### f, other than VOCs7;, ifthe director determines that such monitoring is necessary, the pre-application analysis shall contain air quality monitoring data (unless exempt under paragraph (H) ofrule 3745-31-13 of the Administrative Code) gathered for purposes ofdetennining whether emissions ofthat airpollutant would cause orcontribute to a violation ofthe national ambient airquality standard or any maximum allowable increment. (E) Ambientmonitoringtime period,

________..________, _____, __ **--~-~~-~e** "

___, ____ **,.,_~-------•••~~·----** ·----···------·- '!/}•'";'•' '·" " j;;t;-·o- i"iiJP ,\i'li'.' ·, 1'\j3745-31-14 2

In general, the continuous air monitoring data that is required under the pre-application analysis shall have been gathered over a period of one year and shall represent the year preceding receipt of the application except that, if the director determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year

### f. but not to be less than four monthst,-. the data that is required shall have been gathered over at leastthat shorterperiod. (F) Post approval ambientmonitoringfor ozone. Any owner oroperator ofaproposedmajor stationary source or major modification ofVOCs who satisfies all conditions ofparagraph (A) ofrule 3745-31-22 ofthe Administrative Code may provide post-approval monitoring data for ozone in lieu ofprovidingpre-construction data as requiredunderparagraph (B)(l) ofthis rule. (G) Post-construction monitoring. Any owner or operator of a major stationary source or major modification shall, after construction ofthe stationary source or modification, conduct such ambient monitoring as the director determines is necessary to determine the effect emissions from the stationary source or modificationmay have, or are having, on air quality. (H) Operation ofmonitoring stations. Any owner or operator of a major stationary source or major modification shall meet the requirements of40 CFR Part 58, Appendix B A during the operation of monitoring stations forpurposes ofsatisfyingparagraph (C) ofthis rule.3745-31-14

Effective: R.C. 119.032review dates:

Certification

Date

Promulgated Under: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01110/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4112/96, 12/1/06 33745-31-15 Attainment provisions- control technology review.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see "IReefj'leffitiel'i

### ey Referel'iee" tttthe eRE! ef rule 374 5 31 Q1efthe AElmil'iistrttti·te CeEle paragraph (LLLLLL) ofrule 3 745-31-0I of theAdministrative Code titled. "referencedmaterials.""] (A)

**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an mr pollutantfor which the major stationary source ormajormodificationis major. (B) A major stationary source ormajor modification shall meet each applicable emission limitation under the Ohio state implementation plan and each applicable emission standard and standard ofperformanceunder40CFR Parts 60,61 and 63. (C) The owner or operator of a new major stationary source shall apply BACT to the major stationary source for each regulated NSR pollutant that the major stationary source wouldhave the potentialto emitin significant amounts. (D) A major modification shall apply BACT for eachregulatedNSRpollutantthatwould be a significant net emissions increase at the stationary source. This requirement applies to eachproposed emissions unit at which a net emissions increase in the air pollutant would occur as a result ofa physical change or change in the method of operation in the emissions unit. (E) Forphased construction NSR projects, the determination ofBACT shall be reviewed and modified as appropriate no more than eighteen months priorto commencement ofconstruction ofeach independent phase ofthe NSR project. At such time, the owner or operator of the stationary source may be required to demonstrate the adequacy ofany previous determination ofBACT for the stationary source.

;.·,,, // · · ·

**~'i** u" r:. 1, '· ·• - :mnl ·· i· if>3745-31-15

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 12/1/06 23745-31-16 Attainment provisions - major stationary source impact analysis.

[Comment: For dates and availabili1y of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see !fle "IReefj'leFatieft 

### e;· RefeFeftee" seetieft at 1'fie 

### efta efmle 37

**~**5 31 

### e 1 efthe AdmiRistFative Cede paragraph (LLLLLL) ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials.""] (A)

**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an a1r pollutantfor which the major stationary source or majormodification is major. (B) Impact

**analysis~** Any owneror operator ofaproposedmajor stationary source ormajor modification shall demonstrate that allowable emissions increases from the proposed major stationary source or major modification, in conjunction with all other applicable emissions increases or reductions 

### f. including secondary emissions.j, would not cause or contributeto airpollution inviolation of: (I)Anynational ambient airquality

**standard;-eF~** (2) Any applicable maximum allowable increase over the baseline concentration in any attainment area. fCl Significant impactlevels. For pumoses ofPM2.5. the demonstration required in paragraph (B) ofthis rule is deemedto have beenmade ifthe emissions increase from the new stationazy source alone or from the modification alone would cause. in all areas. air quali1y impacts less than the following amounts: Pollutant Averaging time Class I area Class II area Class III area PM2.5 Annual 0.06 ug/m3 Q,3 ugim3 Q.3 ug/m3 24-hour Q.07 ug/m3 l 2 ugim3 l 2 ug/m33745-31-16

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1106 23745-31-17 Attainmentprovisions - additionalimpact analysis.

[Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see tl!e

**"IHee~eFatieH** ll;y· RefeFeHee" seetieH at tl!e eHa efmle 3745 31 01 eftl!e AtlmiHistFative Cede paragraph (LLLLLL) ofrule 3745-31-0I oftheAdministrativeCodetitled. "referenced materials.""] (A)

**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an mr pollutantfor whichthe major stationary source ormajormodificationis major. (B) Any owner or operator ofa proposed major stationary source or major modification shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result of the stationary source or modification and general commercial, residential, industrial and other growth associated with the stationary source or modification. This analysis shall be submitted with the permit-to-install application. (C) The owneroroperator shallprovide an analysis ofthe air quality impactprojected for the attainment area as a result of general commercial, residential, industrial and other growth associated withthe stationary source ormodification.3745-31-17

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1106 23745-31-18 Attainmentprovisions - air quality models.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced inthis rule, see "IHeefj'leffrtieR

## ey RefefeHee" frt #te eHt! ef rule 3745 31 91 ef#te At!miRistfative Cet!e paragraph CLLLLLL) ofrule 3745-31-01 of theAdministrative Codetitled. "referenced materials."7] (A)

**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an mr pollutantfor which the major stationary source ormajormodificationis major. (B) All estimates of ambient concentrations required under rule 3745-31-10 of the Administrative Code through rule 3745-31-27 ofthe Administrative Code shall be based upon the applicable air quality models, databases and other requirements specifiedin40 CFRPart 51, AppendixW, "Guideline onAir QualityModels." (C) Where an air quality impact model specified in 40 CFR Part 51, Appendix W, "Guideline on Air Quality Models," is inappropriate, the model may be changed or another model substituted. Such a change or substitution ofa model may be made on a case-by-case basis or, where appropriate, on a genericbasis for a specific State program. Written approval ofthe administrator ofthe United States environmental protection agency mustbe obtained for any change or substitution. In addition, use of a changed or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with fttle

**37~5** 47 Chapter3745-49 ofthe Administrative Code.

----------·-· ....**-----··-~----------~---·-----·-~··** '":JI' ")cil ·k1;:3745-31-18

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 23745-31-19 

### Attainment provisions notice to the United States environmentalprotection agency.

[Comment: For dates and availabilitv of non-regulatory govemment publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see "lneel}lefatien

### lly RereFenee" at tfle endef 

### rele 374§ 

### 31 G I sftfle AElmffiislfati-ve Cede

### paragraph (LLLLLL) 

### ofrule 3 745-31-01 

### of the Administrative Code titled. "referenced materials.",] (A)

**Applicability~** 

### This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 

### CFR 81.336 

### as attainment for an air pollutantfor which the major stationary source ormajormodification is major. (B) Notice to the United States environmentalprotection

**agency~** 

### The director shall, upon request, transmit to the regional administrator ofthe United States environmental protection agency a copy ofeach permit application relating to a major stationary source or major modification subject to this rule and provide notice to the administrator of every action related to the consideration of such permit. (C) 

### Denial-impacton airquality-related

**values~** 

### The director shall consider comments from a federal land manager conceming the impact ofa proposed major stationary source or major modification on such lands, including a demonstration that the emissions from the proposed major stationary source or major modification would have an adverse impact on the air quality 

### f. including visibilityt ofany federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such major stationary source or major modification would not cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. Ifthe director concurs with such demonstration, the permit shall notbe issued. (D) Class I

**variances~** 

### The owner or operator ofaproposed major stationary source ormajor modification shall demonstrate to the federal land manager that the emissions from such major stationary source or major modification would have no adverse impact on the air quality ofsuch lands 

### f. including visibilityt, notwithstanding that the change in air quality resulting from emissions from such major stationary source or major modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. If the federal land manager concurs with such demonstration and so certifies to the state, the director may, provided that applicable requirements are otherwise met, issue the permit with

"··----

..**---··-·~- ----------------------~-~~--~~··-·**  -··-··----..- ..--- -------

**--~------ ····-···~----·** ..**··---·-------------~·----** ----------·-·- ,.,j_! , ..,. r· ;-_-r:_,., ,.,-·i(; c:r3745-31-19 2

em1sswn limitations necessary to assure that em1sswns of sulfur dioxide and particulate matter would not exceed the maximum allowable increases over baselineconcentration for such airpollutantas detailed in the following table: Airpollutant Maximum allowable increase (micrograms percubic meter) Plffiietdffiema#eFPM2.5 annual arithmetic mean 4 twen:tx-four-hourmaximum 9 PMIO PMHl, annual arithmetric mean 17 PMHl, twenty-four-hourmaximum ;:;(+30 Sulfurdioxide annual arithmetic mean 20 twenty-four-hourmaximum 91 three-hourmaximum 325 Nitrogen dioxide arithmetic mean 25 (E) Sulfurdioxide variance by governorwith federal landmanager's**concurrence~** (1) The owner or operator of a proposed major stationary source or major modification that cannotbe approved under procedures developed pursuant to paragraph (D) ofthis rule may demonstrate to the governor that the major stationary source ormajormodification cannot be approvedby reason ofany maximum allowable increase for sulfur dioxide for periods oftwenty-four hours or less applicable to any Class I area and, in the case of federal mandatory Class I areas, that a variance underthis clause wouldnot adversely affectthe airquality ofthe area

### f. including visibility1. (2) The governor, after consideration ofthe federal land manager's recommendation 

### f. if any1. and subject to his concurrence may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase; and3745-31-19 3

(3) If such variance is granted, the director may issue a pern1it to such major stationary source or major modification in accordance with provisions developed pursuant to paragraph (G) ofthis rule provided that the applicable requirements ofthis chapter are otherwisemet. (F) Variancebythe governorwith the president'sconcurrence. (1) The recommendations ofthe governor and the federal land manager shall be transferred to the president of the United States in any case where the governor recommends a variance in which the federal land manager does not concur; (2) The president may approve the governor's recommendation iffie the president finds that suchvariance is in the national interest; and (3) If such variance is approved, the director may issue a permit to such major stationary source or major modification in accordance with provisions developedpursuantto tfle refjlfiFeffieflts efparagraph (G) ofthis rule provided thatthe applicablerequirements ofthis chapterare otherwise met. (G) Emissions limitations forpresidentialorgubernatorial variance. In the case of a permit issued under procedures developed pursuant to paragraph (E) or (F) of this rule, the stationary source or modification shall comply with emission limitations as may be necessary to assure that emissions ofsulfur dioxide from the stationary source or modification would not

### f. during any day on which the otherwise applicable maximum allow increases are exceeded). cause or contribute to concentrations that would exceed the maximum allowable increases over the baseline concentration 

### f. as defined in the following tablet. and to assure that such emissions wouldnotcause orcontribute to concentrations that exceedthe otherwise applicable maximum allowable increases for periods of exposure of twenty-four hours or less for more than eighteen days, not necessarily consecutive, during any annualperiod:

MaximumAllowable SulfurDioxideIncrease (Micrograms perCubicMeter) Period ofExposure LowTerrain HighTerrain twenty-four-hour maximum 36 62 three-hourmaximum 130 2213745-31-19

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 43745-31-20 Attainment provisions -innovativecontrol technology.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referencedinthis rule, see "Iaeefj'leffitiBH

### ey RefureHee" attile eHcl ef rule 3745 31 Ql eftlle AcimiHistffitive Cecle paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Codetitled. "referencedmaterials.",] (A) Authorityto request approval. An owner or operator ofa proposed major stationary source or major modification 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 ofinnovative control technology. (B) Limitations on approval. The director ofthe Ohio environmental protection agency, with the written consent ofthe governor(s) ofother 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 ormajor modification may employ a system ofinnovative control technology if: (1) The proposed control system would not cause or contribute to an unreasonable riskto publichealth, welfare orsafetyinits operationorfunctiont. (2) The owner or operator agrees to achieve a level of continuous emiSSIOn reduction equivalent to BACT by a date specified by the director. Such date shall notbe laterthan four years from the time ofstart-up or seven years from penni!issuancet. (3) The major stationary source ormajormodification wouldmeetthe requirements equivalent to those in rule 3745-31-05 of the Administrative Code and paragraph (A) ofrule 3745-31-07 ofthe Administrative Code based on the emission rate that the major stationary source employing the system of innovative controltechnology wouldbe required to meetonthe date specified bythe director. (4) The major stationary source or major modification would not, before the date specifiedbythe directortdo any ofthe following: (a) Cause or contribute to any violation ofany applicable national ambient air quality standardt-BT.3745-31-20 

### 2

(b) Impact any ClassI**area~.** (c) Impact any areawhere an applicable incrementis known to be violated;. (5) All other applicable requirements including those for public participation under rule 3745-31-06 ofthe Administrative Code havebeen met. (C)Withdrawal ofapproval. The director shall withdraw any approval to employ a system ofinnovative control technology made underthis rule ifeither ofthe following occur: (1) The proposed system fails bythe specified date to achieve the required emission**rate~.** (2) The director determines that continued operation will cause or contribute to an unreasonable risk to publichealth, welfare orsafety. (D) Extensionofdemonstration period. If a proposed major stationary source or major modification fails to meet the required level ofcontinuous emission reduction within the specifiedtime period, or if the approval is withdrawn in accordance with paragraph (C) of this rule, the director may allow the major stationary source or major modification up to an additional three years to meet the requirement for the application ofBACT through use ofa demonstrated system ofcontrol.3745-31-20

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A),3704.03(F) 4112/96, 12/1/06, 6/30/08 33745-31-12 Attainment provisions- data submission requirements.

[Comment: For dates and availabili1y of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see tfie "lReefj'leffitiea 19;· RefeFeRee" seetieR at tfie eRE! efmle 3745 

### 31 01 eftfie AEiffiiRistFative CeEle paragraph 

### CLLLLLLl ofrule 3745-31-01 oftheAdministrative Codetitled. "referenced

**materials,''~]** (A) Applicability, This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an air pollutantfor whichthe major stationary source ormajormodification is major, (B) Data submission authority, The owner or operator ofaproposedmajor stationary source or majormodification shall submit all information necessary to perform any analysis or make any determinationrequired underthis rule, (C) Minimum data submissionrequirements, The information required under paragraph (A) of this rule shall include the following: (1) A description of the nature, location, design capacity and typical operating schedule of the major stationary source or major modification, including specifi.cations and drawings showing the emissions units design and plant layout;, (2) A detailed schedule for construction of the major stationary source or major modification;, (3) For each emissions unit a detailed description as to what system ofcontinuous emissions reduction is planned by the major stationary source or major modification, emission estimates, including maximum emissions rates and any other information as necessary to detem1ine that BACT as applicable wouldbe applied;, (4) The air quality impact ofthe major stationary source or major modification, including meteorological and topographical data necessary to estimate such impact;-tliffi, (5) The air quality impacts and the nature and extent of any or all general3745-31-12 2

commercial, residential, industrial and other growth that has occurred since the baseline date was set in the area the major stationary source or major modification would affect.3745-31-12

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 3I I I I I I I I I I

### 3745-31-21 

### Nonattainmentprovisions -review ofmajor stationary sources and major modifications

- stationary source applicability and exemptions.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see "ffieSFpEll'ffii.sfl 'ey 

### Refereflee" attlle efiEI ef mle 3745 

### 31 01 ef!lle Aamiflistrati·te CeE!e paragraph (LLLLLLl ofrnle 3745-31-01 of the Administrative Code entitled. "referenced

**materials."~]** 

### (A) Startconstructionlimitation. No owner oroperator ofa major stationary source or majormodification located in anonattainmentarea shall begin actual construction ofsuch major stationary source or major modification unless, as a minimum, the

**reEtt~iremeets** ffi 

### rules 3745-31-21 to 3745-31-27 ofthe Administrative Code have been met and the owner or operator ofthe stationary source has obtained a valid Ohio environmentalprotection agency permit-to-install. (B) Airpollutants covered. The FeEtHirements eefltaiflee m mlesRules 3745-31-21 to 3745-31-27 of the Administrative Code shall apply to any major stationary source and any major modificationwith respect to eachregulatedNSR pollutantthat the stationary source would emit, except as this rule would otherwise allow. (C) Attainment/nonattainmentapplicability. Except as provided in m1e rnles 3745-31-21 and 3745-31-23 ofthe Administrative Code, !lle FeEtHiremeets eeetaiHee ie rules 3745-31-21 to 3745-31-27 of the Administrative Code apply only to any major stationary source or major modification that would be constructed in an area designated under 40 CFR 81.336 as nonattainmentfor an airpollutantfor which the stationary source or modification 1s maJor. (D) PM10 precursors. Ifl aeeereaeee wi!ll !lle

**reEtt~iremeflts** 

### ef Seetiee 189 efthe Clean Air Aet, majer Major stationary sources and major modifications of PM!0 precursors shall be subject to the control requirements that are applicable under plans in effect under Section 189 of the Clean Air Act for major stationary sources and major modifications of PMIO, except where the director determines that such major stationary sources do not contribute significantly to PMJO levels that exceed the PMI0 standardin the area.

### 3745-31-21 2



### (E) Clean coal**technology~** 

### Consistentwith the CleanAir Act, Ohio environmentalprotection agency wtH 

### shall apply the following requirements for cleancoal technology demonstrations: (1)**Applicability~** 

### This paragraph applies to physical or operation changes to existing facilities for the sole purpose of installation, operation, cessation, or removal of a temporary orpermanentclean coal technology demonstrationproject. (2) Temporary clean coal technology demonstration**projects~** 

### Installation, operation, cessation, or removal of a temporary clean coal technology demonstrationproject shall not subject such demonstrationproject to the requirements ofSection Ill orPartD ofTitle I ofthe CleanAirAct. (3) Permanent clean coal technology demonstration**projects~** 

### For permanent clean coal technology demonstration projects that constitute repowering, as defined in Section 402(12) of Title IV, (acid deposition control) of the Clean Air Act, any qualifying clean coal technology demonstration project shall not be subject to standards ofperformance under Section Ill of the Clean Air Act or to the review and permitting requirements ofPart C ofTitle I ofthe CleanAirActfor any air pollutantthe potential emissions ofwhich will not increase as a result ofthe clean coal technology demonstrationproject. ( 4) Exemption for reactivation ofvery clean coal technology**units~** 

### Physical changes or changes in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period ofdiscontinued operation shall not subject the emissions unit to the requirements ofSection 111 or Part C ofTitle I ofthe Clean Air Act where the emissions unit: (a) Has not been in operationfor the two-yearperiodpriorto the enactment of the Clean Air Act Amendments of 1990, and the emissions from such emissions unit continue to be carried in the director's emission inventory at the time of**enactmentt~** (b) 

### Was equipped prior to shut-down with a continuous system ofemission control that achieves a removal efficiency for sulfur dioxide ofno less

### 3745-31-21 3



### than eighty-five percent and a removal efficiency for particulate matter ofno less than ninety-eightper

**cent;~** 

### (c) Is equipped with low-NO burners prior to the time ofcommencement; ftf!t!. X 

### (d) Is otherwiseincompliance with the requirements ofthe Clean AirAct. (F) Secondary

**emissions~** 

### If a major stationary source is subject to this rule on the basis of the direct emissions from the major stationary source, the applicable conditions ofthis rule ffitiSt 

### shall also be met for secondary emissions. However, secondary emissions may be exempt from LAER requirements and compliance certification requirements under paragraphs (A)(!) and (A)(2) of rule 3745-31-22 of the Administrative Code. Consideration ofthe indirect impacts ofmotor vehicles and aircraft traffic regulated under Title II ofthe Clean Air Act (motor vehicles and aircraft) is not requiredunder this rule.3745-31-21

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.o3 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 4/27/98, 10/28/04, 12/1/06 43745-31-22 Nonattainmentprovisions- conditions for approval.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referencedin this rule, see "ffiesfj:lSF!ItisR bj· RefereRee" attee eRa sf rule 37q5 31 01 sftee AElfl'liHistrative Cst!e paragraph (LLLLLLl ofrule 3745-31-0I of the Administrative Code entitled. "referencedmaterials."7] (A) Conditions for permit-to-install approval. Ifthe director finds that a major stationary source ormajor 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 ifthe following conditions are met: (l)Lowest achievable emissionrate (LAER). The major stationary source or major modification is required to meet an emission limitationthat specifiesthe LAERfor such stationary source. Ifthe director determines that technological or economic limitations on the application ofmeasurement 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. Any permits issued without an enforceable numerical emission standard must contain enforceable conditions which assure that the design characteristics or equipment will be properly maintained

### f. or that the operational conditions will be properly performed1. so as to continuously achieve the assumed degree ofcontrol. The LAER 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 LAER for air pollutants that do not exceedthese values. The new emission limitations for the new stationary source as well as any existing stationary sources affectedmustbe federally enforceable. (2) Compliance certification. The applicant fHttSt shall certify that all existing major stationary sources owned or operated by the applicant

### f, or any entity controlling, controlledby, or under common control with the applicant1. 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 Act 

### f. or are in

'!!),,,;3745-31-22 2 compliance with an expeditious schedule which is federally enforceable or contained in a courtdecree1. (3) Emission offsets. (a) Emissionreductions (offsets) from existing air contaminant sources inthe area ofthe proposedmajor stationary source 

### f, whether ornotunder the same ownershiJJ1. are required such that there will be reasonable progress, as detennined by the director, toward attainment of the applicable national ambient airquality standard. (b) Only intra air pollutant emission offsets will be acceptable (e.g., hydrocarbon increases may not be offset against sulfur dioxide reductions) except interprecursor offsetting is permitted for PM2.5 emissions in accordance with paragraph (D) ofrule 3745-31-26 ofthe Administrative Code. (c) Emission offsets mustmeet the baseline limitations ofrule 3745-31-24 of the Administrative Code, the location limitations ofrule 3745-31-25 of the Administrative Code, and the offset ratio limitations of rule 3745-31-26 oftheAdministrative Code. (d) Emission offsets are required only for those air pollutants for which the increased allowable emissions exceedthe significant emissionrates. 

### (e) DeeTeases iR 

### a:ettl:ai etrli:ssieRS 

### restlltffig fFSff_._ 

### the ffistadlatisft sf

## aaa 8ft 

### eeffirel**teell.eele~·** 

### er 8j'JJ3liea-tiee efrelltttieerreveffiiee ¥Heast!fes that 

### ·.vere relieEil:ljleH ie Elesigeafieg ElH 

### erHissiees t!ftit as a e!eEtH t!Hit 

### er a rrejeetas a PCP eaeeeteeHseEI as efffiets. (f) 

### Deereases ie aemal e¥Hissiees eeeHffiHg a-t a e!eEtH HHit eEtHeet ee HseEI as efffiets, 6ll68j'lt as j'lfSYiEieEI iH J3aragf8j'lBS (A)(8) EIHB (A)(l0) ef rifle 374 5 

### 31 30 efthe AEiraieistrf!ti'<'e CeEie. 8imilarly, Eleereases ie aetHal e¥Hissiees**eeet~rrieg** 

### a-t a PCP eEtHeet ee ttseEI as efffiets, eJ<eert as rreviEieEI ie raragrBj'lh (B)(6)(EI) ef mle 3745 31 31 ef the AEifHiaistra-tive CeEie. tg)(ID The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with Section 173 ofthe Clean Air Act shall be determined by summing the difference between the allowable em1ss1ons after the major modification and the actual emissions before the modification for each emissions unit.

### 3745-31-22 3



### (4) Net airquality

**benefit~** 

### The emission offsets must provide a positive net air quality benefit in the affected area pursuant to rule 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 ofparagraphs (A)(!) to (A)(3) ofthis nile and rule 3745-31-25 of the Administrative Code will be considered adequate to meet this condition. (5) Reasonable further progress. Permits-to-install may he issued ifthe director determines that. by the time the source is to commence operation. sufficient offsetting emissions reductions have been obtained. such that total allowable emissions from existing sources in tbe applicable nonattainment areas. from new or modified sources which are not major emitting facilities. and from the proposed source will be sufficiently less than total emissions from existing sources priorto the application for such permit to construct or modify so as to represent reasonable furtherprogress as defined in Section 171 ofthe Clean Air Act. (B) Exemptions from certain

**conditions~** 

### (I)Fuel switch

**exemption~** 

### The director may exempt the following major stationary sources or major modifications from the limitation required under paragraph (D)(!) of rule 3745-31-23 ofthe Administrative Code orthe emission offsets required under paragraphs (A)(3) and (A)(4) ofthis rule: Major stationary sources that must switch fuels due to lack ofadequate fuel supplies or where a major stationary source is required to be modified as a result ofnew 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 iftbefollowing applies: (a) The applicant demonstrates that it made its best efforts to obtain sufficient emission offsets and that such efforts were unsuccessful; (b) The applicanthas secured all available emission offsets; and (c) The applicant will continue to seek the necessary emission offsets and3745-31-22 4

apply them whentheybecome available. (2) Temporary stationary sources/portable facilities/construction**emissions~** The director may exempt the following major stationary sources or major modifications from the emission offsets required underparagraphs (A)(3) and (A)(4) ofthis rule: (a) Portable facilities tbat will be relocated outside ofthe nonattainment area after a shortperiodoftime;-t!Hd" (b) Emissions generated from the construction phase of a new maJor stationary source.3745-31-22

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 12/1106, 6/30/08 53745-31-23 Nonattainment proVIsiOns

- stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisionsreferenced in this rule, see "IReSfj'lSretisR

### lly Referenee" atthe eRa ef mle 3745 31 Ql sfthe Aamiflistrfrlh'e Ceae paragraph CLLLLLLl ofrule 3745-31-01 of the Administrative Code entitled. "referencedmaterials.""] (A)

**Applicability~** This rule applies onlyto major stationary sources ormajormodificationthat will be located in an area designated in 40 CFR 81.336 as attainment or unclassifiable if the emissions from the major stationary source or majormodification would exceed the following significance levels at any locality that does not meet the national ambient air quality standard: Averaging Time (Hours) AirPollutant Annual 24 8 3 I Sulfurdioxide 2 l.0Jlg/m3 5.0Jlg/m3



### -------- 25Jlg/m3

-------- +8-P-

**l.Qj:t~lm3**

**5.Q~im3** 

# -- 

# -- -- PMlO l.0Jlg/m3 5.0Jlglm3



### -------- -------- 

### -------- PM2.5 Q.3ug/mJ 1.2ug/mJ

-------- -------- 

### -------- Nitrogen l.0Jlg/m3



### -------- -------- -------- --lOug/r dioxide Carbon



### -------- -------- 500Jlg/m3

-------- 2mg/m3 monoxide (B) Requirements and

**exemptions~** Major stationary sources or majormodifications to which this section applies ffli:ISt shall meet the LAER FSE[llifeflleRts under paragraph (A)(J) ofrule 3745-31-22 of the Administrative Code, the compliance certification reE[lliremeffi underparagraph (A)(2) of rule 3745-31-22 of the Administrative Code, and the net air quality benefit reE[l:lireFReffi under paragraph (A)(4) of rule 3745-31-22 of the Administrative Code. However, such major stationary sources or major modifications are exempt from the offset requirements under paragraph (A)(3) of rule 3745-31-22 ofthe Administrative Code. 3

### 3745-31-23 2



### (C) Review ofspecified major stationary sources for airqualityimpact (1) 

### For sulfur dioxide, particulate matter, PMlO. PM2.5 and carbon monoxide, the determination ofwhether amajor stationary source ormajormodification will cause or contribute to a violation ofa national ambient air quality standard is be made on a case-by-case basis using the major stationary source's allowable emissions in an atmospheric dispersionmodel. (2) For major stationary sources of nitrogen oxides, the initial determination of whether a major stationary source would cause or contribute to a violation of the national ambient air quality standard for nitrogen dioxide will be made using an atmospheric model assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches ground level. The initial concentration estimates may be adjusted if adequate data are available to account for the expected oxidationrate. (3) For ozone, major stationary sources of VOCs, locating outside a designated ozone nonattainment area, will be presumed to have no significant impact on the designated nonattainment area. If ambient monitoring indicates that the area of major stationary source location is in fact nonattainment, then the major stationary source may be permitted under the provisions ofthe Ohio state implementation plan adopted pursuant to Section 11O(A)(2)(d) ofthe Clean Air Act until the area is designated nonattainment and the Ohio state implementation plan revision is approved. Ifno Ohio state implementation plan pursuant to Section 110(A)(2)(d) ofthe Clean Air Act has been adopted and approved, then this rule shall apply. ( 4) The determination as to whether a major stationary source would cause or contribute to a violation ofa national ambient air quality standard should be made as of the new stationary source's start-up date. Therefore, if a designated nonattaiment area is projected to be an attainment area as part of an approved Ohio state implementation plan control strategy by the new stationary source start-up date, offsets will not be required if the new stationary source wouldnotcause anew violation. (D) Major stationary sources locatedin clean air areas. If the director finds that the emissions from a proposed major stationary source would cause a new violation ofa national ambient air quality standards, but would not contribute to an existing violation, approval may be granted only ifboth ofthe following conditions are met:

### 3745-31-23

(1) 

### 3

(a) The major stationary source is required to meet a more stringent emission limitation and/or the control of existing stationary sources below allowable levels is required so that the major stationary source will not cause aviolation ofany national ambient airquality standard. (b) Ifthe director determines that technological or economic limitations on the application of measurement methodology to a particular class of major stationary sources would make the imposition ofan enforceable numerical emission standard infeasible, the director may instead prescribe a design, operational, or equipment standard. Any 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. Such conditions shall be enforceable as emission limitations by private parties under Section 304 of the Clean Air Act. Thereafter, the term emission limitation shall also include such design, operational, or equipment standards. (2) The new emission limitations for the major stationary source as well as any existing stationary sources affected mustbe federally enforceable.3745-31-23

Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1106 4

### 3745-31-24 Nonattainment provisions - baseline for determining credit for emission and air quality offsets.



### [Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisionsreferenced in this rule, see "IHeefj'lerfrtieH lly RefereHee" frt the eHa ef rule

**37~5** 

### 31 <ll efthe Aflreiflisfl'Mive Ceaeparagraph CLLLLLL) ofrule 3745-31-01 of the Administrative Code entitled. "referenced

**materials."~]** 

### (A)

**Applicability~** 

### This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as nonattainment for an air pollutantfor which the major stationary source ormajormodification is major. (B) The 19aseliHe fer

**aeh~FH¥iffing** 

### ereffit fer eHlissiffil reattetieHS is :he eHlissiefl liffiit ttHaer the Ohie state ifflj'llemeHlaliefl J9laH iH effeel at the rime the fiJ9]9liefrtiefl te 

### eeHsiTiiet is files, eJtee]'ltthfrt the effsetllaselifle shalllle the twtl:lal emissieHs efthe sel:lfee tfem whieh effset ereait is elltaiHea where Baseline for determining credit for emission

**offsets.~** (1) 

### The baseline for determining credit for emission offsets shall be the emission limit under the Ohio state implementation plan in effect at the time the application to construct or modify a source is filed. Thus. credit for emission offset purposes may be allowed for existing control that goes beyond that required by the Ohio state implementation plan. Where the Ohio state implementation plan does not contain an emission limitation for that source or source category. the emission offset baseline involving such sources shall be the actual emissions determined in accordance with the following: (a) The baseline emissions for existing sources providing the offsets shall be calculated using the actual emissions definition specified in rule 3745-31-01 of the Administrative Code. The director shall allow a pounds per hour averaging period for determining emission offsets when a tons per year averaging period results in a significant over- or underestimation ofemission offset credits. (b) Where the emissionlimits underthe Ohio state implementationplan allow greater emissions than the potential to emit of the source. emission offsetcredit will be allowed only for controlbelow this potential. 

### f\10 The demonstration ofreasonable further progress and attainment ofambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review programwas

**adoptedi"'ffl~**3745-31-24 2

(2) The Ohie state ifflrlemeRiffiieR J9laR Elees Rei eeRiaiR aR emissieR limitatieR fer that**se~:~ree** er sel:lfee eategef)', (C) Wfiere the emissieR limits t!fiaer the Ohie state iffi]9lemeRiffiieR J9laR allews greater emissieRs thaR the fJeleRtial te emit ef the se1:1ree, emissieR efffiet ereElit will ee alleweEl eRly fer ee!llreleelewthis J9eleRiiaL**~(Q** Oldgrowth**cushion~** Only those emissions that have been set aside for new source growth in the most recent Ohio state implementation plan can be used by a major stationary source or major modification to offset emissions, Emissions reserved for new source growth inpastOhio state implementationplans cannotbeusedbyamajor stationary source ormajormodificationto offsetemissions, (:BillllCombustionof**fuels~** Generally, the emissions for determining em1sston offset credit involving an existing fuel combustion stationary source will be the allowable emissions under the Ohio state implementationplan for the type offuel being burned atthe time the major stationary source application is filed (i.e,, ifthe existing owner oroperator of the stationary source has switched to a different type offuel at some earlier date, any resulting emission reduction [either actual or allowable] shall not be used for emission offset credit), If the owner or operator ofthe existing stationary source commits to switch to a cleanerfuel at some future date, emissionoffsetcreditbased on the allowable emissions for the fuel involved is not acceptable unless the permit is conditionedto require the use ofspecific alternative control measures that would achieve the same degree of emission reductions should the stationary source be switched back to a dirtier fuel at some later date, The applicant must provide information to the director that documents that adequate long-term supplies ofthe new fuel are available, 

### $"1@Rocket engines or**motors~** The director shall allow the owneror operatorofa major stationary source to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major stationary source thattests rocket engines ormotors underthe following conditions: (1) Any major modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing stationary source that is permittedto test suchengines onNovember 15, 1990,3745-31-24 3

(2) The applicant demonstrates to the satisfaction ofthe directorthat ithas used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emission increases beyond allowable levels, that all available offsets arebeing used, andthat sufficientoffsets arenot availableto the major stationary source. (3) The applicant has obtained a written finding from the United States department of defense, United States department oftransportation, national aeronautics and space administration or other appropriate federal agency, that the testing ofrocket motors or engines at the major stationary source is required for a program essentialto the national security. (4) The major stationary source will be in compliance with an alternative measure, imposed by the director, designed to offset any emission increases beyond permittedlevels not directly offsetbythe stationary source.

**~ill** Operatinghours and stationary source shutdown. (1) The owner or operatorof a stationary source may be credited with emission reductions achieved by shutting down an existing stationary source or permanently curtailing production or operating hours below baseline levels if saeh Fec:lttetie!ls fr!'e flSI'I'!Itt!IEmt, EJtt!Hlfifiallle, t!flE! feaerslf;· eRfereea'ele. ffi aaaitien, the shtttde'N!I er elffiaihllellt is eredita'ele e!lly ifit eeeHFFed ell er aftertlie date Sfleeified ferthis flHFflSSe i11 tlie Oliis stateiffiilleffie!llatie!ljl!ft!l, ft!ld ifsHeli date is e!l er aftei tlie date sfthe ffiest reee11t effiissieR ill','elllery Hsed i!l !lie Oliie state iffiiJle!Hentatiell J3lan's de!lle!lstratiell sf attaiffille!lt. Where the Ohie state lrr{llernefl'cati!lfl jllaR aees fiSc Sjleeify a eHteffelate fer shtttdewfl eredits, the date sf the ffiest reee11t e111issieR iR¥enlery er attaiR!He!lt de!HeRslratieR, as the ease !lllt)' lle, shall Elfljlly. HS'.ve¥er, ill 1111 eveRt !11!1j' ereail lle given fer slitttdev;Rs wliieh seettffedjlrier le

**Attgt~st** 7, 1977. Fer flHfjleses sfthis jlttragrEijlh, the ffireeter !Hay eheese te eeRsiaer a jlrier slitttdewH er et!l'taii!He!lt te have eeetlffed after the date sf its mast reeeRl effiissie!l iR'<'elllef), if the ill'te!llery eRjllieitf;

**i!lelt~des** as eHFFe!lt eJ<isli!lg e!Hissie!ls the effiissie!ls fFe!l1 sHeli

**!Jreviet~sly sht~tdewn**  er elffiailea statiefl!lfj'

**set~rees** the following requirements are met:7 (a) Such reductions are surplus. permanent. quantifiable. and federally enforceable orlegally andpracticably enforceableby the state. (b) The shutdown or curtailment occuned after the last day ofthe base year used for the Ohio state implementation planning process. For purposes ofthis paragraph, the director may choose to consider a mior shutdown or curtailment to have occuned afterthe last day ofthe base year ifthe3745-31-24 4 projected emissions inventory used to develop the most recent attainment demonstration explicitly includes the emissions from such previously shutdown or curtailed emission units. However. in no event may creditbe givenfor shutdowns that occurredbefore August 7. 1977. (2) Emission reductions that do not meet the requirements ofparagraph (FlCll of this rule may be credited ifl the aeseHee ef 1m ElflflFB'<'ea attaiftffieffi aemeflstfa!iefl eBly ifthe shutdown or curtailment occurred on or after the date the major stationary source application is filed, or, ifthe applicant can establish that the proposed major stationary source is a replacement for the shutdown or curtailed stationary source and the cutoff date provisions of paragraphf81EBCF)(l)(b) ofmle 3745 31 24 eftfieAamiflistFafive Ceaethis rule are observed. fHt(G) Creditfor volatile organic compound(VOC) substitution. No emission offset credit may be allowed for replacing one VOC with another of lesser reactivity, except for those compounds listed in Table 1 ofthe United States environmental protection agency's "Recommended Policy on Control ofVolatile Organic Compounds". fB{.!:D. Banking ofemission offsetcredit For owners or operators ofmajor stationary sources obtaining permits by applying offsets after January 16, 1979, the director may allow offsets that exceed the requirements ofreasonable progress toward attainment to be banked (i.e., saved to provide offsets for a major stationary source seeking a permit in the future) for use underthis rule. Likewise, the director may allow the owner ofan existing stationary source that reduces its own emissions to bank any resulting reductions beyond thoserequiredbythe Ohio state implementationplan for use underthis ruling, even if none of the offsets are applied immediately to a new major stationary source permit. The director may allow these banked offsets to be used under the preconstruction review program; as long as these banked emissions are consistent with the Ohio state implementation plan control strategy. The director may not approve the construction of a major stationary source using banked offsets ifthe new major stationary source would interfere with the Ohio state implementation plan control strategy or ifsuch use would violate any other condition set forth for use ofoffsets. 

## f.8ill Offset credit for meeting new source performance standards or national emission standards for hazardous airpollutants. Where a stationary source is subjectto an emission limitation established in a new source perfonnance standard or a national emission standard. for hazardous air pollutants, (i.e., requirements under Sections 111 and 112, respectively, of the3745-31-24 5

CleanAirAct), and a different Ohio State implementationplan limitation, the more stringent limitation shall be used as a baseline for determining credit for emission offsets. The difference in emissions between the Ohio state implementation plan and the new source performance standards or national emission standards for hazardous air pollutant standards, for such stationary source may not be used as offsetcredit. 

## fK1ill All emission reductions claimed as offsetcredit shallbe federally enforceable.3745-31-24

Effective: R.C. 119.032 review dates:

Certification

Date

Promulgated Under: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 1211/06 63745-31-25 Nonattainmentprovisions -locationofoffsetting emissions.

[Comment: For dates and availabilitv of non-regulatorv government publications. publications of recognized organizations and associations. federal rules. and federal statutory provisions referenced in this rule. see paragraph (LLLLLL) ofrule 3745-31-0I ofthe Administrative Code entitled. "referencedmaterials."] (A) Applicability. This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as nonattajnment for an air pollutantforwhich the major stationary source ormajormodificationis major. (B) All regulated NSRpollutants as defined under rule 3745-31-01 ofthe Administrative Code. The owner or operator shall obtain creditable emission reductions ofany regulated NSR pollutant from the same source or other sources in the same nonattainment area. except that the director may allow the owner or operator ofamajor stationary source to obtain such emission reductions in another nonattainment area if the following reqyirements are met: (I) The other nonattainment area has an equal or higher nonattainment classification. provided that the higher offset ratio is utilized. than the nonattainment area in which the major stationary source is located. and; (2) Emissions from such other nonattainment area contribute to a violation ofthe national ambient air quality standard in the nonattainment area in which the major stationary source is located. (C) Sulfurdioxide. particulate matter. PM!0. PM 2.5. lead and carbon monoxide. Since the air quality impact of sulfur dioxide. particulate matter. PMIO. PM 2.5. lead and carbon monoxide is site dependent. simple area wide mass emission offsets may not be appropriate. For these air pollutants. the director may require atmospheric dispersion modeling to ensure that the emission offsets provide a positive net air guality benefit. This modeling shall be conducted in accordance with the director's guidance.

-·· **·--~--~---~--~--~~-·---------~**..·- **--~-·------·-------------·----------'-""--** ------·----

..-·-·--------·--- , 0 ,''(!\; ,, ' ..,;,U./) .,

**i·";'·,·~** '!t,;\1'

**;,~,;' !7/'~f·.**  ··· ••'·><•·h1,.13745-31-25

Replaces:
Effective: R.C. 119.032review dates:

Certification

Date

Promulgated Under: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 3745-31-25

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4112/96, 12/1/06 

### 23745-31-26 Nonattainmentprovisions

- offset ratio requirements.

[Comment: For dates and availabilitv of non-regulatory government publications. publications of recognized organizations and associations, federal rules. and federal statutory provisions referenced in this rule. see paragraph ILLLLLL) ofrule 3745-31-01 ofthe Administrative Code entitled. "referencedmaterials."] lA) In meeting the emissions offset in rules 3745-31-21 to 3745-31-27 of the Administrative Code. the following shall occur: Cl) The ratio oftotal actual emissions reductions to the emissions increase shall be at least 1.0 to 1.0 unless an alternative ratio is provided for the applicable nonattainmentarea in paragraphs (C) and (D) ofthis rule. (2) The emissions offsets obtained shall be for the same regulated NSR pollutant except for interprecursor offsetting permitted under paragraph CD) of this rule. (B) Offsets may be obtained from areas that have a higher nonattainment classification. provided the higher offsetratio is utilized. than the nonattainment area in which the major stationary source is to be located. IC) Ozone nonattainment area offset requirements for VOC and nitrogen oxides are as follows: Cl) In areas that are not classified as marginal. moderate, serious. severe or extreme areas. the offsetratio shallbe greater than 1.0 to 1.0. (2) Marginal areas. the minimumrequired offsetratio is 1.1 to 1.0. (3) Moderate areas. the minimum required offsetratio is 1.15 to 1.0. (4) Serious areas. the minimumrequired offsetratio is 1.2 to 1.0. (5) Severe areas. the minimum required offsetratio is 1.3 to 1.0. 16) Extreme areas. the minimumrequired offsetratio is 1.5 to 1.0. ID) PM2.5 nonattainment area interprecursor offsetratios are as follows: (I) Sulfur dioxide andPM2.5 offsetratios: Ia) When using sulfur dioxide emission reductions for PM2.5 emiSSIOn increases. the minimumrequired offsetratio is 40.0 to 1.0. (b) When using PM2.5 emission reductions for sulfur dioxide emission increases. the minimumrequiredoffsetratio is 1.0 to 40.0.3745-31-26 2

(2) Nitrogen oxides and PM2.5 offsetratios: (a) When using nitrogen oxides emission reductions for PM2.5 emtsston increases. the minimumrequired offsetratio is 200.0 to 1.0. (b) When using PM2.5 emission reductions for nitrogen oxide emtsston increases. the minimumrequired offsetratio is 1.0 to 200.0. CE) Nitrogen oxides waiver. Paragraph CA) of this rule shall not apply in areas designated nonattainment for ozone that have been granted a nitrogen oxide waiver under Section 182(i) ofthe CleanAirAct.3745-31-26

Replaces:
Effective: R.C. 119.032review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 3745-31-26

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 12/1/06 33745-31-27 Nonattainment provisions - administrative procedures for emission offsets.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in thisrule, see "lneefjleratien

## ey Referenee" atthe enEI ef rttle 3745 31 Gl eftfle AEiministfative CeEie paragraph (LLLLLL) ofrule 3745-31-01 of theAdministrative Code entitled. "referencedmaterials."7] (A) Procedures foremissionoffsets. Emission offsets may be proposed by either the owner or operator ofthe proposed major stationary source or by the local community or the state. The emission reduction committed to must be enforceable by authorized state 

### t!flt!fflf or local agencies andunderthe Clean AirAct, andmustbe accomplishedby the new major stationary source's start-up date. Ifemission reductions are to be obtained in a state that neighbors the state in which the new major stationary source is to be located, the emission reductions committed to mustbe enforceable by the neighboring state and/orlocal agencies andunderthe Clean AirAct. Wherethe new major stationary source is a replacement for a major stationary source that is being shut down in order to provide the necessary offsets, the director may allow up to one hundred eighty days for shakedown ofthe new major stationary source before the existing major stationary source is requiredtocease operation. (1) Major stationary source initiatedemission offsets. The owner or operator of a major stationary source may propose emission offsetsthatinvolve the following: (a) Reductions from stationary sources controlled by the major stationary source owner oroperator (internal emission offsets);-tlf. (b) Reductions from neighboring stationary sources (external emission offsets). The owner or operator ofthe major stationary source does not have to investigate all possible emission offsets. As long as the emission offsets obtained represent reasonable progress toward attainment (in the director'sjudgement), they will be acceptable to the director. The director shall review and approve the emission offsets to assure that the emission offsets will be as effective as proposed by the owner or operator ofthe major stationary source. An internal emission offset will be considered enforceable if it is made an Ohio state implementationplan requirementby inclusionas a condition ofthe new major stationary source permit and the permit is forwarded to the United States environmental protection agency. An external emission offset will not be enforceable unless the affected stationary seHree(s) source providing the emission reductions is subjectto a new Ohio state3745-31-27 2 

### implementation plan requirement or federally enforceable permit condition or a permit condition legally and practicably enforceable by the state to ensure that its emissions will be reduced by a specified amount in a specifiedtime. (2) State or community initiated offsets. A state or community may generate emission offsets to provide to a major stationary source wishing to locate in its area. These emission offsets may come from reducing emissions from existing emissions units, mobile sources ftfttl.ler 

### or area sources. State or community initiated offsets either must be submitted as a Ohio state implementationplan revision or mustbe contained in 

### a federally enforceable permit.3745-31-27

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 01/10/2014

119.o3 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 33745-31-29 Generalpermit-to-install and generalPTIO.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see "lneefj'leffitiea l'l)'Refefeaee" frt the eae ef rele 

### 37q5 31 01 eftee AE!miaislffrtive Ceee paragraph (LLLLLL) ofrule 3745-31-01 of theAdministrativeCode entitled. "referencedmaterials.""] (A) Development ofmodel generalpermits. The director may develop a model general permit for any category of aJr contaminant sources, or specific portions of any category of air contaminant sources, subjectto the following conditions: (1) A model generalpermit shall applyto the following: (a) Processesproducingthe same or similarproductst. (b) Processes emittingthe same orsimilar air contaminantst. (c) Methods for capturing and controlling the air contaminants that are the same orlimitedto a smallnumberofspecific alternativest-ttl*l. (d) Processes that are subject to the same emission limitations, monitoring requirements, federal standards, or state rules. (2) A model general permit shall identify criteria by which an air contaminant se&ee(s) source 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 se&ee(s) source. At a minimum, theseterms and conditions shallincludethe following: (a) Applicable emission limitations and/or controlrequirementst. (b) Anynecessary operational restrictionst. (c) Any necessary monitoring, reporting and recordkeeping requirementst 

### t!I'IE!. (d) Testingrequirements. (3) The director shall provide an opportunity for public comment on the form and contentofamodel general permit as follows:

**------------~---~--** ---**--~--~-~~--** 

### _______,,____

,,;.'A:/ 'Si'• ''>:.; I i

**~"**

### 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 rule, 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, andprovide electronicnotification to interested parties. (b) The director shall announce the final form ofmodel 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 interestedparties. (c) Final model general permits are not actions of the director and are, therefore, not subjectto appeal. ( 4) Model general permits shall be reviewed at least once every five years from the date ofannouncement ofthe final form. (a) The review ofthe model general permit shall follow the same procedures for public comment as the draft and final form of the model general permits under developmentpursuant to paragraph (A)(3) ofthis rule. (b) Any person may make a written request for the Ohio environmental protection agency review ofthe model general permit documentpriorto the Ohio environmental protection agency initiated review. Upon receipt ofthe request, the Ohio environmental protection agency will initiate the review procedure described in this rule. (5) Only the director may modify model general permits. Modifications to model general permits shall follow the same procedures pursuant to paragraph (A)(3) of this rule, except administrative modifications may occur without following the rules ofprocedure 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 ifall ofthe following apply: (1) All of the qualifications and requirements described in this chapter are met,3745-31-29 3

except as noted inparagraph (C)(2) ofthis

**rulet~** (2) The air contaminant source meets all ofthe qualifications listed in the requested model general

**pennitt~** (3) The requested air contaminant settree(s) .!illlJI£S< are not affected sources under the acid rain program unless otherwise provided in regulations promulgated under TitleIVofthe CleanAir

**Actj-E!flf!~** (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 inrules 3745-31-10 to 3745-31-27 oftheAdministrative Code. (C) Generalpermit

**application~** (I) Owners or operators of air contaminant sources requesting a general permit-to-install or general PTIO shall do so using the fonns prepared by the Ohio environmental protection agency. The application must include all information necessary to determine qualification for, and to assure compliancewith, the generalpermit-to-installorgeneralPTIO. (2) The application submitted shall comply with the requirements listed under rule 3745-31-04 ofthe Administrative Code except that the director mayprovide, inthe model generalpermit-to-install ormodel general PTIO, for applications that deviate from the requirements ofrule 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 orgeneral PTIO. (D) Generalpermitprocessin& The director may issue a general permit-to-install or general PTIO for any model general permit developed in accordance with paragraph (A) ofthis rule for a new air contaminant setffee(s) source or ffieeifieffiieR(s) modification ofan existing air contaminant settree(s) .!illlJI£S< as follows: (I) The director, at his/her the director's discretion, shall issue either a draft action or a final action within forty-five days ofreceipt ofa complete application. The director does not needto meetthe forty-five daydeadline for applications from air contaminant settree(s) sources that do not require authorization to construct because the air contaminant settree(s) .!illlJI£S< currently holds a permit covering the settree(s) source that wouldbe covered under tl1e general3745-31-29 4
permit-to-install orgeneral PTIO. (2) The director shall comply with the procedures for notification under Chapter 

### 3745 47 3745-49 of the Administrative Code prior to issuing a general permit-to-install orgeneral PTIO as follows: (a) The director shall provide notification ofrequests by owners or operators ofan air contaminant seHree(s) source to be covered underthe tenns of the general permit-to-install or general PTIO. The director shallpublish notice in a newspaper ofgeneral circulation in each county in which the air contaminant seHree(s)

**~** would be constructed, and provide electronic notification to interestedparties. (b) The director shall maintain, and make available to the public upon request, a list ofall air contaminant seHree(s) source thathave obtained a generalpermit-to-installorgeneralPTIO. (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 ormitigate environmental impacts that were not considered and addressed in the development and issuance of the generalpermit-to-installorgeneral PTIO. (4) Authorization to construct under the general permit-to-install or general PTIO shall be grantedbythe director in the form ofa 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 rule, then the director can issue revised general permits-to-install or general PTIOs withprior notice to the affected owner or operator following the issuance procedures defined in paragraph (D)(2) of this rule. (E) Startconstruction

**limitation~** The owner or operator ofa new or modified air contaminant seHree(s) source that qualifies for a general pennit-to-install or general PTIO may not begin actual construction ofthe new or modified air contaminant seHree(s)

**~** until the air contaminant setlfee(s)'s source's owner or operator has been granted the authorizationrequiredbythe director underparagraph (D)(4) ofthis rule. (F) Modificationtlftf!fer orreplacement of

**equipment~**3745-31-29 5

(1) Ifthe owner or operator ofthe air contaminant source covered by a general permit-to-install or general PTIO wishes to replace the air contaminant source, then the owner or operatormust apply for and obtain either a general permit-to-install, general PTIO, individual permit-to-install, or an individual PTIOpriorto beginning actual construction. (2) Ifthe owner or operator of the air contaminant source covered by a general permit-to-install or general PTIO wishes to modifythe aircontaminant source (perrule 3745-31-01 ofthe Administrative Code), then the owner oroperator must apply for and obtain either a general permit-to-install, general PTIO, individual permit-to-install, or individual PTIO prior to beginning actual construction. (3) Ifthe owner or operator ofthe 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 thatrequest. (G) A general PTIO shall be effective for a period of time consistent with the requirements ofdivision (F) ofsection 3704.03 oftheRevised Code. (H) General permittermination. (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, 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, alternative general permit-to-install, oralternative general PTIO the applicability ofthe generalpermit-to-install or general PTIO to the individual permittee is automatically terminated on the effective date ofthe individual permit, alternative general pe1mit-to-install, or alternative general PTIO. (2) The director may revoke a general permit-to-install or general PTIO per rule 3745-31-07 ofthe Administrative Code. (I) Enforcement action for failure to quality orcomply A An air contaminant sel:!fee(s)'s source's owner or operator who requests and is granted authority to install under a general pe1mit-to-install or general PTIO shall be subject to enforcement action for installation without a permit if the air3745-31-29 6

contaminant ssttFee(s) source is later determined not to qualifY for the conditions andterms ofthe general permit-to-installorgeneral PTIO.3745-31-29

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F), 3704.03(G) 3704.03(G), 3704.03(F), 3704.03(A) 10/17/03, 11/3/06, 12/1/06,6/30/08 

### 73745-31-32 Plantwide applicabilitylimit (PAL).

[Comment: For dates and availabili1y of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see "IReefj3erffiieRbyRefereRee" ffi the 81'18 ef mle 3745 31 Gl efthe AtlffiiRistrffiive Ceae paragraph CLLLLLL) ofrule 3745-31-01 of theAdministrative Code entitled. "referenced materials."7] Actuals PALrequirements. All PALs issued underthis rule shall meetall applicable provisions in this rule. (A) Aetttals PALreqttifemenls AllPALs issttea ooaerthis mle shall meetall ElJ9jllieable JlFevisiens ill

**tl~is** mle. 

## fBWApplicability. 

## Will The director may approve the use ofan actuals PAL for any existing major stationary source (except as provided in paragraph (A)(l)(b) (A}Jll ofthis rule) ifthe PAL meets therequirements inthis rule. The termPAL shall mean actuals PALthroughoutthis rule.

**~ill** The director shall not allow an actuals PAL for VOC or nitrogen oxides for anymajor stationary source locatedin an extremeozonenonattainment area. 

### fe1Q) 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 PAL level, meets the requirements in this rule, and complies with the PAL permit:

**~W**Is not amajormodificationfor the PAL pollutant;. 

### Wili.l Does not have to be approved through the nonattainment or PSD program;-tlftti.

**~Is** not subjectto theprovisions inparagraph (D)(5) ofrule 3745-31-05 of the Administrative Code (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe nonattainmentorPSDprogram). 

### Wffi Except as provided under paragraph (A)(l)(e)(iii) (A)(3)Cc) of this rule, a major stationary source shall continueto comply with all applicable federal or state requirements, emission limitations, and work practice requirements that3745-31-32 2

were establishedpriorto the effective date ofthePAL. 

## f.l1Jlll Permit applicationrequirements. As part ofa permit application requesting a PAL, the owner or operator ofa major stationary source shall submit the following information to the director for approval: 

### WillA list ofall emissions units at the source designated as PAL small emissions unit, PAL significant emissions unit or PAL major emissions unit based on their potential to emit. In addition, the owner or operator ofthe source shall indicate which, if any, federal or state applicable requirements, emission limitations orworkpractices apply to each unit. 

## fb1ill Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emisswns associated not only with operation ofthe unit, but also emissions associated with startup, shutdownandmalfunction. 

### fe-lQl The calculationprocedures thatthe major stationary source owneror operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions basedona twelve-month rolling total for eachmonth as requiredbyparagraph (A)(12)(a)

### aJillofthis rule. f-B(gGeneral requirements for establishing PALs. 

## Will The requirements under this paragraph, at a minimum, flffitlt shall be met for eachPAL ata major stationary**source,~** (B(g) The PAL shall impose an annual emission limitation in tons per year, which is enforceable as a practical matter, for the entire major stationary source. Foreach month during the PAL 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 PAL for the previous twelve consecutive months is less than the PAL (a twelve-month average, rolledmonthly). Foreachmonth during the first elevenmonths from the PAL effective date, the major stationary source owner or operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less thanthe PAL. 

### W® The PAL shall be established m a PAL permit that meets the

### 3745-31-32 3 

### requirements in paragraph

## fA1f4t.Q.2l ofthis rule. f+ii1(£} 

### The PAL permit shall contain all the requirements ofparagraph

**~** 

### illofthis rule. tfv1@ 

### The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emitthe PAL pollutant atthe major stationary source. 

## MWEach PAL shall regulate emissions ofonly one pollutant. 

## f¥i1ill Each PAL shall have aPAL effectiveperiod oftenyears.

**~** 

### The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (A)(ll) CK) 

### to (A)(l3) CM) 

### ofthis rule for each emissions unit under the PAL through the PAL effective period. 

### fbtill At no time (during or after the PAL effectiveperiod) are emissionreductions ofa PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under rule 3745-31-22 of the Administrative Code unless the level ofthe PAL is reducedby the amount of such emission reductions and such reductions would be creditable in the absence ofthe PAL. f41@ 

### PAL permitissuance

**requirements~** 

## Will The director shall issue all typographical/calculation error reopenings (as described in paragraph (A)(7)(8)(i)(a) CG)C2)(a) 

### ofthis rule) to PAL permits as eitherdraft actions before any final actions, orfinal actions, as described in Chapter 3745 

### H 3745-49 ofthe Administrative Code. 

### fbtill The director shall issue all PALpermits not otherwise described inparagraph (A)(4)(a) @ill 

### of this rule as draft actions before any final actions, as described in Chapter 3745 

### 47 3745-49 ofthe Administrative Code. 

## f.BJJil. Settingthe ten-yearactuals PAL level. 

## Will Except as provide in paragraph (A)(5)(8)

## JJil.ill ofthis rule, the actuals PAL level for a major stationary source shall be established as the sum of the3745-31-32 4

baseline actual emissions ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under rule 3745-31-01 of the Administrative Code or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive twenty-four-month period mustbe 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 PAL pollutant. Emissions associated with emissions units that were permanently shutdown after this twenty-four-month period must be subtracted from the PAL level. Emissions from emissions units on which actual construction began after the twenty-four-month period must be added to the PAL level in an amount equal to the potential to emit ofthe units. The director shall specifY a reduced PAL Ievel(s) level. (in tons per year:). in the PAL permit to become effective on the future compliance El&!e(s)date of any applicable federal or state regulatory reE[t!ire!TteHt(s) requirementthatthe director is aware ofprior to issuance ofthe PALpermit. 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 permillionnitrogen oxides to anewrule limitofthirtypartspermillion, then the PALpermit shall contain a future effective PAL levelthatis equal to the cunent PAL level reduced by halfofthe original baseline emissions of suchemissionst!ffit(;;:) unit. 

## fll:lill Fornewly constructed emissions units

### f. which do not include modifications to existing emissions units:). on which actual construction began after the twenty-four-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (A)(5)(a) 

### Jllli.U of this rule, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe emissions units. 

## f61ill Contents ofthe PALpermit The PAL permit shall contain, at a minimum, the following information tffifler flfrl'ftlifBJ9h (A)(6) eftfiis**ftl!e.~** 

## WillThe PALpollutant andthe applicable source-wide emissionlimitationin tons peryear. 

## fll:lill The PAL permit effective date and the expiration date of the PAL (PAL effectiveperiod). (elQl Specification in the PAL permit that ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph**~** 

### ill of this rule before the end ofthe PAL effective period, then the PAL shall not3745-31-32 5
expire at the end ofthe PAL effective period. It shall remain in effect until a revised PALpermitis issuedby the director. ftl1(:!} A requirement that emission calculations for compliance purposes include emissionsfrom startups, shutdowns and malfunctions. 

## fe-lill A requirement that, once the PAL expires, the major stationary source is subjectto therequirements ofparagraphfA¥8j.(H). ofthis rule. f:f1(2} The calculationprocedures that the major stationary source owneroroperator 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 requiredbyparagraph (A)(l2)(a)

### aJillofthisrule. 

### fgtill A requirement that the major stationary source owner or operatormonitor all emissions units in accordance with the provisions under paragraph (A)(ll) (K) ofthis rule. 

## WID A requirement to retain the records required underparagraph (A)(l2) (.kl of this rule on site. Suchrecords maybe retained in anelectronic format. fi-}(2). A requirement to submit the reports required underparagraph (A)(B) 

### CM) of this rulebythe required deadlines. ffiQ[l Any other requirements that the director deems necessary to implement and enforce the PAL. t+j(QlPAL effectiveperiod andreopening ofthe PALpermit 

## Will PAL effectiveperiod. A PAL shallhave an effectiveperiod oftenyears. 

## f!Bill Reopening ofthe PALpermit 

### fBW During the PAL effective period, the director shall reopen the PAL permitto: 

## fd:fill Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establishthe PAL.3745-31-32 6



### fbi®Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emission reductions for use as offsets underrule 3745-31-22 ofthe Administrative Code. re:J-Ciiil Revise the PAL to reflect an increase in the PAL as provided underparagraph (A)(IO) ofthis rule. tHhll). The directormayreopen the PALpermitfor the following: 

## f6::1ill Reduce the PAL to reflect newly applicable federal requirements (for example, new source performance standards) with compliance dates after the PAL effective date. 

### fbi® Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the director may impose on the major stationary source. re:J-Ciii) Reduce the PAL ifthe 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 generalpublic. Bfi1(0 Except for the permit reopening in paragraph (A)(7)(b)(i)(a) CG)C2)Ca)(il ofthis rule for the correction oftypographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of paragraphfA1(4t

### .O:U ofthis rule. 

## flltfrD Expiration ofa**PAL~** Any PAL that is not renewed in accordance with the procedures in paragraph**~** 

### ill ofthis rule shall expire at the end ofthe PAL effective period, and the FeEjtliremeats tHlaerJ9aFagrspfi (A)(8) eftHis ritle following shall apply. 

## Will Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permitestablished according to the following,flreeeattres ttaaertHis J9aFtlgraJ91!. 

### fi1UU Within the time frame specified for PAL renewals in paragraph

### 3745-31-32 7 

### (A)(9)(ll) .(!)Q} 

### ofthis rule, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, if such a distribution is more appropriate as decided by the director) by distributing the PAL allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (A)(9)(e) .(Dill 

### ofthis rule, such distribution shallbe made as ifthe PAL had been adjusted. 

### W.Qil The director shall decide whether and how the PAL 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. 

## fll1.(2} Each emissions 

## tlftitEs1 unit shall comply with the allowable emJsswn 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 emissionlimitation. te)ill

### 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) (H)(l)(a) of this rule, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation.

**~.(1)** 

### Any 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 ifsuch change meets the definition ofPAL majormodification. fej(il 

### 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), LAER etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to

**paragraph~** 

### illofrule 3745-31-05 of the Administrative Code, butwere eliminated by the PAL in accordance with the provisions in paragraph (A)(l)(e)(iii) CA)C3)Cc) ofthis rule. 

## f9till Renewal ofaPAL. 

## fe7ill The director shall follow the procedures specified in paragraph tA)t41

### allof3745-31-32 8

this rule in approving any request to renew a PAL for a major stationary source, and shall provideboththe proposed PAL level and a w1itten rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for considerationbythe director. 

## WillApplication**deadline~** A major stationary source owner or operator shall submit a timely application to the directorto requestrenewal ofa PAL. A timely applicationis one that is submitted at least six months prior to, but not earlier than eighteen months from, the date of PAL permit expiration. This deadline for application submittal is to ensure that the PAL permit will not expire before the PAL permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to beeffective until the revised PAL permit with the renewed PAL is issued. 

## te1W Application**requirements~** The application to renew a PAL permit shall contain the following informationre(jHireatlflaerl"aragr8j9h (A)(9) eHhis**rule.~** 

### fi1WThe informationrequired underparagraph**~LID** ofthis rule. 

### Wilil.AproposedPAL level. 

### fffitW The sum ofthe potential to emit ofall emissions units under the PAL (with supporting documentation).**~D:D.** Any other information the owner or operator wishes the director to considerin determiningthe appropriate level for renewing the PAL.**~PAL** adjustment In determining whether andhow to adjustthe PAL, the director shall consider the following options et!tliflea ifl J3aragraJ3hs (A)(9)(a)(i) afla (A)(9)(fl)(ii) ef this rule. llewever, ifl fiB ease fflay aey st1eh aEijHStffieflt fail te eeffij'lly with J'lfiftTgfBj'lfl (A)(9)(EI)(iii) eftfiis**rule.~** 

### fi1W Ifthe emissions level calculated in accordance with paragraph**~** i.E.} ofthis rule is equal to or greater than eighty per cent ofthe PAL level, the director may renew the PAL at the same level without3745-31-32 

### 9

considering the factors set forth in paragraph (A)(9)(a)(ii) CI)(4)(b) of this rule;-e!'. fii-)(.hl The director may set the PAL at a level that he/she determines to be more representative of the source's baseline actual emissions, or that he/she detennines 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 identifiedby the director in a writtenrationale. 

## fffitf£1 J>letwi#tst!ffiaiRg flaTagrflj'lfis (A)(9)(el)(i) !ffia (A)(9)(el)(ii) ef #tis ffile.;In no case mav any such adjustment fail to comply with the following: 

### fti;lill Ifthe potential to emit ofthe major stationary source is less than the PAL, the director shall adjust the PAL to a level no greater than thepotential to emitofthe source;-aREI. tef(ill The director shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied withthe provisions ofparagraph (A)(lO)

### illofthis rule. 

## Will Ifthe compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe director has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL penni! renewal or Title V permit renewal, whichever occurs first. 

## ft-01ill Increasing a PALduring the PAL effectiveperiod. 

## Will The director may increase a PAL emission limitation only if the major stationary source complies with the fll'BvisieRs ttflaer #tis flaragrflj'lh. following: 

### fBW The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions t!fti.!(fr1 unit contributing to the increase in emissions so as to cause the major stationary source's emissionsto equal orexceedits PAL. fii-)(.hl As part of this application, the major stationary source owner or3745-31-32 10

operator shall demonstrate that the sum ofthe baseline actual emissions ofthe PAL small emissions units, plus the sum ofthe baseline actual emissions of the PAL significant and PAL major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe PAL allowable emissions ofthe new or modified emissions**~** unit exceeds the PAL. The level of control that would result from BACT equivalent controls on each PAL significant or PAL major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten years. In such a case, the assumed control level for that emissions unit shallbe equal to the level ofBACT orLAER with whichthat emissionsunitmust currently comply.**~J£1** The owner or operator obtains a nonattainment NSR permit or PSD permit for all emissions**~**unit identified inparagraph (A)(IO)(a)(i) (J)(l)Ca) of this rule, regardless of the magnitude of the emissions increase resulting from them 

## E. that is, no significant levels apply.Y. These emissions**~** unit shall comply with any emissions requirements resulting from the major NSR program process 

## E. for example, LAER/BACT.y, even though they have also become subject to the PAL orcontinueto be subjectto the PAL. fW1(4l The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modificationbecomes operational andbeginsto emitthe PALpollutant. 

## Will The director shall calculate the new PAL as the sum ofthe PAL allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions ofthe PAL significant and PAL major emissions units (assuming application ofBACT equivalent controls as determined in accordance withparagraph (A)(lO)(a)(ii) (J)(l)(b) ofthis rule, plus the sumof the baseline actual emissions ofthe PAL small emissions units. 

## Will The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraphfA1E41 [Q.). ofthis rule. fl+t(K) Monitoringrequirements for PALs. 

## WillGeneralrequirements. 

### fi1W Each PAL pennit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of3745-31-32 11



### the PAL pollutant in terms ofmass per unit oftime. Any monitoring system authorized for use in the PAL 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 ajudicialproceedingto enforce the PALpermit. 

### WDil The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth under paragraph (A)(ll)(l9) 

## £Klill of this rule and must be approvedbythe director. fi-iifu;). 

### Notwithstanding paragraph (A)(ll)(a)(ii) 

### (K)(l)(b) of this rule, you may also employ an alternative monitoring approach that meets paragraph (A)(11)(a)(i) 

### (K)(I)(a) of this rule if approved by the director. 

### fi¥1@ Failure to use amonitoring system that meets the requirements ofthis rulerenders the PAL invalid. 

## fll1ill Minimumperformance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements under paragraph (A)(ll)(e) f.Kl.Q) 

### ofthis rule: 

### fi1W Massbalance calculations for activities using coatings or solvents;. fti1Di). 

### CEMSt. 

## fHB(lj CPMS orPEMS;-tlftd. 

### fi¥1@Emission factors. 

## EefillMass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following FeEJ:ttiFetnef!ts: 

### fi1W Provide ademonstratedmeans ofvalidating the published contentofthe PAL pollutant that is contained in or created by all materials used in or3745-31-32 12

at the emissions unit;. fH1{hl Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; ftf!E!. 

## BiB(£). 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 ofthe range to calculate the PAL pollutant emissions unless the director determines there is site-specific data or a site-specific monitoring program to support anothercontentwithintherange. ftlj@CEMS. An owner or operatorusing CEMS to monitor PAL pollutant emissions shall meetthe following 

### reEjttiremeRts: 

### fttW CEMS must comply with applicable perfom1ance specifications found in40 CFRPart 60, Appendix Bj-ftflt! 

## W.chl CEMS must sample, analyze and record data at least every fifteen minutes while the emissions unit is operating. 

## f<Bill CPMS orPEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meetthe following 

### reEjttiremeRts: 

### fBW The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored 

### J'lEtl'tlfl!eter(s) parameter and the PAL pollutant emissions across the range of operation ofthe emissions unitj-ftflt!. 

## W.chl Each CPMS or PEMS must sample, analyze, and record data at least every fifteen minutes, or at another less frequent interval approved by the director, while the emissionsunitis operating. 

### fE1®Emissionfactors. An owner or operator usmg em1sswn factors to monitor PAL pollutant3745-31-32 

### 13

emissions shall meetthe following retjttireffieBts: 

### fi1W All emission factors shall be adjusted, ifappropriate, to account for the degree ofuncertainty or limitations inthe factors'

**development~.** fif1(hl 

### The emissions unit shall operate within the designated range ofuse for the emission factor, if

**applicabl~.** ftH1(lj If

### technically practicable, the owner or operator ofa PAL significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months ofPAL permit issuance, unless the director determines thattesting is not required. B51J]) 

### 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 oftime that there is no monitoring data, unless another method for determining emissions during suchperiods is specifiedinthe PAL permit. tfljJ]). 

### Notwithstanding the requirements in paragraphs (A)(ll)(e) iKl.Ql 

### to (A)(II)(g) !.KlC1). 

### ofthis rule, where an owner or operator ofan emissions unit cannot demonstrate a cotTelation between the monitored J3tlrameter(s) 

### parameter and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the director shall, at the time ofPAL permit issuance. do the following: 

### fBw Establish default valtte(s) value for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating J3eiat(s) 

### point.;-e¥ i+i1(hl 

### Determine that operation of the emiSSions unit during operating conditions when there is no correlationbetweenmonitoredJ3affiffieter(s) 

### parameter and the PAL pollutant emissions is aviolation ofthe PAL. fi-1(2). 

### Re-validation. All data used to establish the PAL 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 ofthe PAL.3745-31-32 14

fH7.(1..l Recordkeeping requirements. 

## Will The PAL permit shall require an owner or operator to retain a copy ofall records necessary to determine compliance with any requirement of JlfiFflgFllflh (A) efthis rule and ofthe PAL, including a detennination ofeach emissions unit's twelve-month rolling total emissions, for five years from the date ofsuchrecord.**~ill** The PAL permit shall require an owner or operator to retain a copy ofthe following records for the duration ofthe PAL effectiveperiodplus five years: 

### fttD!J A copy ofthe PALpermitapplication andany applications for revisions to the PALj-ffi'l-E!. 

### Wfhl Each aunual certification of compliance pursuant to Title V and the data relied on in certifYing the compliance. f!"l1CM) Reporting andnotificationrequirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviationreports to the director in accordance with the applicable Title V operating permit program. The reports shall meet the reEJl±iremeffis lffiaer JlflfflgFllflh (A)(l3) eHhisrttle. following: 

### WillSemi-annualreport. The semi-annualreport shall be submittedto the director within thirty days of the end of each reporting period. This report shall contain the following informationreEjttireEiliREierJlflffigFllflh (A)(13)(a) efthis**mle.~** 

### fttD!J The identification of owner and operator, the facility ID, and the permit-to-install numbers for any applicablepermit-to-install. (ii1fhl Total annual emissions 

### f, in tons per year-f. based on a twelve-month rolling total for each month inthe reporting periodrecorded pursuantto paragraph (A)(l2)(a) .(1..lill ofthis rule. (iii1j£} All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PALpollutantemissions.3745-31-32 15

f¥4@A list ofany emissions units modified oradded to the major stationary source during the preceding six-monthperiod.

**~** The number, duration, and cause of any deviations or monitoring malfunctions 

### f. other than the time associated with zero and span calibrationchecks-), and any corrective actiontaken.

**~ill** A notification ofa shutdown ofany 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 orreplaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the PAL permit, as provided by paragraph (A)(11)(g)

### CKll1l ofthisrule. flffl1fg} A signed statement by the responsible official 

### f, as defined by the Title V operating permit program contained in Chapter 3745-77 ofthe Administrative Code-), certifying the truth, accuracy, and completeness ofthe information providedinthereport. 

### tb1Jli Deviationreport, The major stationary source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to paragraph (A)(3)(c)(iii) ofrule 3745-77-07 ofthe Administrative Code shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the rule 3745-77-07 of the Administrative Code. The reports shall contain the following information: 

### fi1W The identification of owner and operator, the facility ID, and the permit-to-installnumbers for any applicablepermit-to-install;, (ii-)(hl The PAL requirement that experienced the deviation or that was exceeded;, tift)(£} Emissions resulting from the deviation orthe exceedancet-llfttl, f¥4@ 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 t.mth, accuracy, and completeness3745-31-32 16

ofthe informationprovided inthe report.**~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 ofsuch test or method.3745-31-32

Effective: R.C. 119.032 review dates:

Certification

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 01/10/2014

119.03 3704.03(F) 3704.03(A), 3704.03(F) 10/28/04, 12/1/06, 6/30/08 17I I I I I I I I I I I I I I I I I I I I I I

i I

i I

# Article II Copy of Public Notice and Director's Findings & OrdersI I I I I I I I I I I I I I I I I I I I I IA copy ofthe public notice of adoption and the signed director'sfindings and orders will be provided underseparate coverupon adoption ofthe rule language.

# I I I I