STREETADDRESS: Lazarus Government Center 50 W. Town St., Suite 700 Columbus, Ohio 43215 April. 7, 2008 

### Ms. Mary Gade Regional Administrator U.S. EPA Region V 77 W. Jackson Blvd. Chicago, IL 60604 State ofOhio Environmental Protection Agency

TELE: (614) 644-3020 FAX: (614) 644-3184 www.epa.state.oh.us

# rREG \lED [ 'l Ii 

### r.rrJ8

_ENfORCt:I.•**~ENT BA~**  CH AI U 5**E~A.** REGION :> MAILING ADDRESS: P.O. Box 1049 Columbus,OH 43216-1049



### Re: Request for Approval of Ohio Administrative Code ("0AC") Rule 

### 3745-21-07 "Control ofemissions oforganic materialsfrom stationarysources (i.e., emissions thatare not regulated 

### by rule 

### 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745- 21-15, 3745-21-16, or 

### 3745-21-18 of the Administrative Code)." into Ohio's State Implementation Plan ("SIP")

Dear Ms. Gade: Ohio EPA is requesting U.S. EPA to rescind old OAC Rule 3745-21-07 from the SIP, and approve new OAC Rule 3745-21-07 as part of the SIP. Because the existence of both rules (Le., the existing SIP rule and the new state rule) complicates the drafting ofTitle V permitsthat include sources regulated bythe existing SI P rule, we are requesting thatyou give priorityto your action on this SIP submission. In Februaryof2008, newOAC Rule 3745-21-07 became afinal effective rule in Ohio. The new rule maintains volatile organic compound ("VOC") controls on sources that had controls atthe time the rule became effective, and eliminates manyshort-term VOC limits and recordkeeping requirements for smaller, existing emissions units that were not controlled. New emissions unit installations are required to undergo Ohio's New Source Review process, and any VOC control requirements or operational restrictions that are included in the emissions unit's permits will be the result of an Ohio EPA "Best Available Technology" determination, orthe applicabilityofotherOACVOC rules; therefore, approval ofthis SIP revision will notviolate the Savings Clause in the CAA because all newsources will continue to be subjectto newsource review requirements afterthe existing (old) OAC Rule 3745-21-07 is replaced in the SIP by newOAC Rule 3745-21-07. The old OAC Rule 3745-21-07, which is currently part of the SIP, contains many outdated and burdensome recordkeeping requirements and restrictions that are no longer necessary for Ohio to maintain the National Ambient Air Quality Standards. The following section describes the documents that are attached in support of this SIP change requestforyourconsideration, perthe requirements of40 CFR Part51 ,Appendix V, Section 2.1 (a): a "formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision."

" Printed on Recycled Paper Ted Strickland, Governor Lee Fisher, Lieutenant Governor Chris Korleski. Director Ohio EPA is an Equal OpportunityEmployerMs. Mary Gade Requestfor Approval ofSIPSubmittal 

### Article One addresses the following two requirements: 40 CFR Part 51, Appendix V, Section 2.1 (b) 

### 2

"Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption orfinal issuance as well as the effective date ofthe plan, if differentfrom the adoption/issuance date." 40 CFR Part 51, Appendix V, Section 2.1 (d) "A copy of the actual regulation, or document submitted for approval and incorporation by reference intothe plan, including indication ofthe changes madeto the existing approved plan, where applicable. The submittal shall be a copy ofthe official State regulation/documentsigned, stamped, dated bythe appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/documentshall, wheneverpossible, be indicated in the document itself." A certified copy ofthe rule is being submitted for approval and incorporation by reference into the plan, and has been included as evidence that the State has adopted the body of regulations in final form. This submittal is a copy of the official State regulation signed, stamped, and dated bythe appropriate State official indicating that it isfullyenforceable by the State. The effective date ofthe regulation/document is indicated in the documentitself.

Please consider that Ohio has an electronic rule filing system and all certifications/signatures of regulations are done electronically. Article Two addresses the following requirement: 40 CFR Part 51, Appendix V, Section 2.1 (b) "Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter"document") in final form." A copy of the public notice and Director's Findings & Orders has been included as evidence of the date of adoption as well as the effective date of the regulations and evidence that public notice was given ofthe proposed change consistentwith procedures approved by EPA, including the date of publication of such notice. Article Three addresses the following requirement: 40 CFR Part 51, Appendix V, Section 2.1 (c) "Evidencethatthe State hasthe necessary legal authority underState lawto adopt and implement the plan."Ms. Mary Gade Requestfor Approval ofSIP Submittal 

### 3

A copy of Ohio Revised Code ("ORC") 3704.02(A)(2) and 3704.03(A), (E), and (F) has been included as evidencethatthe State hasthe necessarylegal authorityunderState law to adopt and implement the plan. Article Four addresses the following requirements: 40 CFR Part 51, Appendix V, Section 2.1 (e) "Evidence that the State followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance of the 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 of the plan. Article Five addresses the following requirement: 40 CFR Part 51, Appendix V, 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, if applicable." A copy of the transcript from the public hearing held has been provided as evidence of certification that a public hearing was held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. Article Six addresses the following requirement: 40 CFR Part 51, Appendix V, Section 2.1 (h) "Compilation of public comments and the State's response thereto." Ohio EPA asks that the new OAC Rule 3745-21-07 be accepted as a replacement to the old OAC Rule 3745-21-07 in Ohio's SIPMs. Mary Gade Requestfor Approval ofSIP Submittal 

### 4



### We would greatly appreciate U.S. 

### EPA's expedited review and approval of this SIP submission. Please contact Bob Hodanbosi ifyou haveanyquestionsaboutthissubmittal. Sincerely, 

# c22.

Chris Korleski Director

xc: 

### Bob Hodanbosi, Chief Division of Air Pollution Control Jim Orlemann, DAPC Attachment

# Article I 

# CertifiedCopy ofRules

## ACTION: Final 

# I DATE: 02/08/2008 

## 8:05 AM 

# I

3745-21-07 

### Control of emissions of organic materials from stational)' sources (i.e.. emissions that are not regulated by 

### rule 3745-21-09. 3745-21-12. 3745-21-13. 3745-21-14. 3745-21-15. 3745-21-16. or3745-21-18 oftheAdministrative Code.).

[Comment: For dates of non-regulatory**~overnment** publications. publications of recowized**or~anizations** and associations. federal rules. and federal statutory provisions referenced in this rule. see the last**para~aph** ofrule 3745-21-01 ofthe Administrative Code entitled "Incorporationby Reference."] 

## CA) Amlicability. (1) RESERVED (2) RESERVED (3) The reQuirements ofthis rule shall apply to any source or operation. for which installation cOmmenced prior to the effective date of this rule and that is specified in paragraphs (K) to eN) ofthis rule. but shall not awly to 

## vac emissions from any such source or O-Peration that are relWlated by rule 3745-21-09. 3745-21-12. 3745-21-13. 3745-21-14. 3745-21-15. 3745-21-16. or 3745-21-18 ofthe Administrative Code. Any owner or operator ofany subject source or operation sPecified in paragraphs (K) to (N) ofthis rule shall comply with the facility-specific and**~eneral** control regyirements of this rule as ofthe effective date ofthis rule. (4) Any emission limitation. control reQuirement. or qperational restriction contained in a permit-to-install. permit-by-rule. permit-to-operate. or Title V permit that is based upon a citation to this rule number. except the emission limitations and control reQllirements specified in paragraphs (K)(2). (K)(4). (L)(2). (M)(2). (M)(3). (M)(4). and (N)(2) ofthis rule. shall be voidupon the effective date ofthis rule. [Comment: As examples of the applicability of this paragraph. if a permit-to-install. apermit-by-rule. apermit-to-operate. oraTitle V permithas been issuedpriorto the effective date ofthis rule and contains both a citation to rule 3745-21-07 of the Administrative Code and one of the associated reQuirements referenced within this comment. the associated reQuirements contained in such a permit shall be void upon the effective date ofthis rule. The associated reQuirements covered by this comment shall include: (a) any reQuirement that prohibits the use ofphotochemically reactive materials. or prohibits the use of volatile photochemically reactive materials: 

### (Q) any requirement that limits**or~anic** compound emissions from an O-Peration to**ei~ht** pounds per hour and forty pounds per day. except as specified in paragraphs (M)(3)(d) and**(M)(3)(~)** of this rule: (c) any requirement to determine ordocumentmaterials as**bein~** photochemicallyreactive materials: and (d) any**recordkeepin~** and**reportin~** reQuirements related to reQuirements

["'f/eshee': ru/e.xsl2.14. authori"gtool: i4i 1.01 May21.2003. «iv: 380. p: 3005;. pa:45136. rae 146618. d: 168544)] printdate: OliOS/lOll8 llS:08 AM3745-21-07 2

referredto in (a). (b) or (c) ofthis cOmment. All other permit conditions.**includin~** anDual emission or material usage limitations (tons peryear. gallons per day or month oryear. 

## vac per gallon. etc.) and all other recordkecming and reporting requirements associated with those permitconditions remainin effect.] (5) The requirements ofthis rule shall not awly to any source. including any new source as dermed in rule 3745-15-01 ofthe Administrative Code. for which installationcOmmencedafterthe effective date ofthis rule. (6) Forany source oroperation specified inparamphs (K) to eN) ofthis rule thatis

. subjectto a mass emission rate. control efficiency. overall control efficiency. or emission reduction. the owner or operator shall determine compliance by means ofthe following: (a) For controlled and uncontrolled sources. the test methods and procedures of paragraphs (A) to (C) of rule 3745-21-10 of the Administrative Code; or (b) An emission factor approved by the USEPA. such as an emission factor from the "Compilation ofAir Pollutant Emission Factors. Volume 1; StationaryPointandArea Sources (AP-42);" or (c) Emissions test data from similar sources or operations. provided such emissions tests comply with the test methods and procedures of paragraphs (B) and (C) ofrule 3745-21-10 ofthe Administrative Code. and the USEPA has indicated in writing that the use of such tests is acceptable. The use of emissions test data. if available. from a source or QPeration specified in paragraphs (K) to (N) ofthis rule shall take precedence overthe use ofan emission factor approvedby the USEPA orthe use ofemission test datafrom similarsources oroperations. (B) RESERVED (C) RESERVED (D) RESERVED (E) RESERVED (F) RESERVED (0) RESERVED3745-21-07

(H) RESERVED 0) RESERVED 

### (DRESERVED 3

(K) Facility-specific control requirements for**stora~e** tanks (stationarY tank. reservoir. or othercontainer): (1) The owner or o.perator. or any subsequent owner or o.perator ofeach storage tank identified in this paragraph. shall comply with the control requirements specifiedinparagraph (K)(2) ofthis rule: (K)(l) Emissions Units

OwnerorOperator FacilityID Emissions Unit ill The Glidden Company 0322000043 T009. T025

- T029. T042. T044. T045. T049.T052. T053. T063- T067. T074.T076 MarathonAshland 1318082830 T004 Petroleum. LLC (2) No Person shall place. store orhold in any**stora~e** 1:mJk identified in paragraph (K)(l) ofthis rule. any liquidorganic material thathas a vaporpressure of1.5 pounds per square inch absolute or greater. under actual**stora~e** conditions. unless the storage tank is equipped with one of the following vapor loss control equipment: (a) The storage tank shallbe equippedwith a floating pontoon ordouble-deck type coverthat includes closure seals to enclose any space between the cover's**ed~e** and the compartment wall. This control requirement shall not be permitted ifthe liquid organic material 

### in the 

### tank has a vapor pressure of12.5 pounds per square inch absolute or greaterunderactual storage conditions. All tank**~auging** or sampling devices shall be gas tightexce.ptwhen tank**gaugin~** or sampling is takingplace. (b) The storage tank shall be equipped with a vapor recoyexy system or control system thatreduces the emission oforganic compounds into the atmosphere by at least ninety per cent by weight. All tank**gaugin~** or sampling devices shall be 

### e;as tight**exc~t** when tank gauging or sampling is takingplace. (3) The owner or o.perator. or any subsequent owner or operator ofeach storage tank (stationary storage vessel) identifiedinthis paragraph. shall comply with

### 3745-21-07

the controlreQuirements specifiedin**para~aph** 

### (K)(4) ofthis rule: (K)(3) Emissions Units 4

OwnerorOperator FacilityID Emissions UnitID NewarkAirForce Base/AGMC 0145020224 T012. T013 The Lubrizol Corporation. 0243150025 T224. T225 Wickliffe Facility VeoliaEnvironmental Services. 0857751346 P006. TOOL T005-T007. LLC T017-T026. T040-T042. T044-T049. T051-T065. T068 

### GE**Li~htin~.** 

### IvanhoeRoad 1318000156 T012. T013 Clorox Co. 1318000864 T012 BuckeyeTerminals. LLC. 1318002740 TOIL T012 ClevelandPlant Tremco. Inc. 1318002813 T021. T023. T036-T041 Hukill Chemical Coworation 1318030172 T062-T070. TOn

-

### T081. T083. T089-T093. T095-T097. T100 Marathon AshlandPetroleum 1318082830 T004.T018 Coworation Glastic Coworation. Cleveland 1318544510 

### IOO2 Facility StrongsvilleExpressmart 1318554294 (4) No person shall place. store orhold in any storage tank identified in paragraph (K)(3) ofthis rule. any liQuid**or~anic** 

### material thathas avaporpressure of1.5 pounds per sQuare inch absolute or greater. under actual storage conditions. unless the storage tank 

### is egyipped with a permanent submerged fill pipe. or is loaded throuW the use ofa portable loadin& tube which can be inserted below the liQuid level line during loading operations. or is fitted with a vapor recovety systemas described inparagraph (K)(2)(J:» ofthis rule. 

## (Ll Facility-specific control reQuirements for oil-water separators (effluent water separators):

### 3745-21-07 5



### (1) The owner or operator. or any subseQ.Uent owner or qperator ofeach oil-water se.parator identified in this paragraph. shall comply with the control requirements specifiedinParamph (L)(2) ofthis rule: (L)(1) Emissions Units
OwnerorOperator Facility ill 

### Emissions UnitID MarathonAshland 0125040071 P002 Petroleum. LLC (2) No person shalluse any oil-waterseparatoridentifiedinparagraph (L)(1) ofthis rule that recovers any liquid**ofi~anic** 

### material which has a vapor pressure of 1.5 pounds per square inch absolute or greater unless the oil-water separator complies withoneofthe following: (a) The oil-water separator shall be equipped with a solid cover with all openings sealed and totally**enclosin~** 

### the liquid contents of the compartment. All gauging and sampling devices shall be gas tight exce.ptwhen**gaugin~** 

### orsamplingis takingplace. (b) The oil-water separator shall be equipped with a**floatin~** 

### pontoon or double-decktype coverthatincludes closure seals to enclose any Sllace between the cover's edge and compartment wall. All**~auiPng** 

### and sampling devices shall be**~as** 

### tight exceptwhen**~auiPng** 

### or sampling is takingplace. (c) The oil-water separator shall be equipped with a vapor recoverY system thatreduces the emission oforganic compounds into the atmosphere by at least ninety per cent by weight. All gauging and sampling devices shallbe gas tightexceptwhen gaugingor**samplin~** 

### is takingplace. eM) Facility-specific and general control requirements for emissions from operations using liquidorganicmaterials: (1) The owner or qperator. or any subsequent owner or operator ofeach article. machine. eQYipment or other contrivance identified in this paragraph. shall comply with the control requirements specified in paragraph (M)(2) ofthis rule. eM)(1) Emissions Units
OwnerorOperator FacilityID Emissions Unitill 

### TS TrimIndustries. Inc. 0125031840 R019-R021. R024. R0253745-21-07 6

AkzoNobel 0125040064 J002. POOL P002. P201-P224. P226-P262. P275-P291. P305-P308.P310-P313. P315-P325.P365-P370 Plasko1ite. Inc. 0125040915 POB-P015. P042. ROOL R003. R004.P052 CoreMolding Technologies. Inc. 0125041046 P007 Safety-KleenCoW.

- Hebron 0145020235 POOl-POll. POB. P016 Recycle Center StanleyElectric US Company 0149000089 R022. R023 PlastechEngineeredProducts. 0204000060 POlO. R129-R136 Inc. ItenIndustries. Inc

.. Plant 1 0204010112 P003 PinneyDockandTranmortCo. 0204010172 POOl CleanHarbors PPM. LLC 0204010288 P003-P005.LOO4-L006 WasteTechnologies Industries. 0215020233 T008.T009. T012. T018.T019. Inc. T022-T024. T027-T029. T032. T033. T036-T038. T042-T045. T048.T050. T053.T062. T063 StructuralNorthAmerica 0228000101 P004.P005. P007-P009. POll KraftmaidCabinetIy. Inc

.. 0228000186 K001-K019 Middlefield#1 Ohio Sealants 0243081155 P001-P003.P012.P015 ChernDevelopment 0243081245 K001 

### PFFIMFD/STD ofAvety 0243110099 P071 (distillationunitemissions Dennison only) The Lubrizol Corporation. 0243150025 POll. P012 Wickliffe Facility GE Quartz. Inc

.. Willoughby 0243160086 P016 Plant Noveon. Inc. 0247030004 P007.P008.P020.P0263745-21-07 7

DeiWssaInitiators. LLC 0247040079 POO

### 1. P006. PO10 Cantar/PolyairCom. 0250110960 POOL P002' RoemerIndustries. Inc. 0278000728 POOl Peerless

-Winsmith. Inc. 0278080251 POOl A.R.E. Inc

.. Mt. EatonFacility 0285000291 R004-R007. R012-R014. R016 The GliddenCompany 0322000043 P007-P022 GuardianManufacturing 0339030016 POO

### 1. P002. P004 UnionTankCarCompany 0351010025 P002 EatonINOAC. Co. 0372030199 P008.P019. R009.R011. R018 Continental Structural Plastics 0387000042 R012-R015 Nomlas Industries. Inc. 0387000362 ROO1 Continental StructuralPlastics 0388000002 R009 Manufacturers Enameling 0448010240 KOOL K002. KOll-K014. Comoration K021-K023 Tembec BTLSR. Inc. 0448010370 P001-P003 DecorativePanels International. 0448011193 K001 Inc. Thermoseal. Inc. 0575010161 P001-P005. P008. P009. POll. P012.P015 LESCO.Inc. 0607090125 F005-F007 Plastech EngineeredProducts. 0630000007 P007,R016.RQ18.R019.R021 Inc. MerillatIndustries. Inc. 0640010020 K002. K003. R007 Mill's Pride. Inc. 0666010033 KOOL R001-R004. ROIL ROB Kraton Polymers U.S

.. LLC 0684010011 P004 (wetendonly). P006 (wet endonly). P007 (wetendonly). PO10 (wetend only) BASF Comoration 0819070134 POOL P008-POlL P013-P016.3745-21-07 

### 8

P021-P025.P028,P029.P031 Greenville TechnololPes. Inc. 0819070190 KOOL K002. K003. K005. ROO1-R003 FloridaProduction**Engineerin~** 0819100218 K001 TroyLaminating and Coating, 0855140077 P009, POlO, P014 Inc. Delphi Chassis Systems, 0857040018 P094. P104. P116 Needmore Operations DupontElectronic Polymers, LP 0857040727 P025,P027 Delphi Chassis Systems, Home 0857040931 K017 Avenue PitneyBowes 0857090717 P024.P030.P031 Eurand 0857171794 POOL POO8. P012-P015. P017. P019,P020 VeoliaEnvironmental Services, 0857751346 P007-P009 LLC NeatonAuto Products 0868030155 K016 Manufacturing, Inc. Rohm andHaas Chemicals. LLC 0868090072 P505-P511.P520.P521,P524 Day-Glo ColorCOW. 1318006552 P021 The Chemical Solvents. Inc. 1318007651 P009 Ineos ABS Corporation 1431010054 P001,P021,P022,P042,P047, P048 H.B. FullerCompany 1431052206 P003-P008 GivaudanFlavors COI;poration 1431070914 P020 Queen CityBarrelCompany 1431070953 NOOL P012 RichardMillerWaterTreatment 1431072596 N004. N005 Plant**Sprin~** Grove Resource Recovety 1431072600 JOOL T008-T01l. P016

### 3745-21-07 9



### EnvironmentalEntemrises 1431072690 P002 Ruetgers Organics Corporation 1431111828 POll. POI2. P024-P028. P80l. P803 Owens CorningTrumbull 1431302438 POOI-P003 PMC Specialties. Inc. 1431390137 P006.P008. POlO. POll. POI4. P022.P901 St.**Bemar~** 

### Soap ComPany 1431394137 POOL P104-P107 AlexFries andBros

.. Inc. 1431423764 P002.P003 CDRPigments andDispersions 1431483219 POOI-P005 BlackhawkAutomotivePlastics. 1483090101 R031. R032 Inc. A.R.E

.. Inc

.. Massilon 1576131793 KOOI-K004. Pool-P003. POlO. PO11. TOO1. T002 Schneller. Inc. 1667040015 K005 EmeraldPolymerAdditives. LLC 1677010029 P007 PPGIndustries. BarbertonPlant 1677020009 P098.P099.PII0.PI14 (2) Each article. machine. eQuipment or other contrivance identified in paragraph (M)(I) ofthis rule. or meeting the specifications of**para~aph** 

### (M)(3)(a) of this rule. shall be eQuiwed with a control system (i.e

.. capture and control egyipment) that reduces the organic compound emissions from the article. machine. egyipmentorothercontrivanceby an overallcontrol efficiency ofat least eighty-five per cent. by weight. If the reductions are achieved by incineration. ninety per cent or more ofthe carbon in the organic material beingincinerated shallbeoxidizedto carbondioxide. (3) Otheroperations using liQuidorganic materials. (a) Any article. machine. egyipmentorothercontrivance thatmeets all ofthe following conditions shall comply with the control reQuirements specifiedinparagraph (M)(2) ofthis rule: 0) 

### Is an existing source located within a "Priority I" county. as identified in rule 3745-21-06 ofthe Administrative Code. or a new source. as dermed in rule 3745-15-01 ofthe Administrative Code. regardless oflocation.

### 3745-21-07 10

(ii) Commencedinstallationpriorto the effectivedate ofthis rule. (iii) Uses a liQuid**or~anic** 

### material or a substance**containin~** 

### a liQuid**or~anic** 

### materiaL (iv) Is eQuipped with control eQuipment for**or~anic** 

### compound emissions. (v) The emissions are not subject to control reQuirements specified in rule 3745-21-09. 3745-21-12. 3745-21-13. 3745-21-14. 3745-21-15. 3745-21-16. or 3745-21-18 of the Administrative (vi) Is not specified in paragraph (K)(I). (K)(3). (1)(1). 

### (11)(1) or (N)(I) ofthis rule. (vii) Does not meet any ofthe conditions specified under paragraph (M)(3)(c) ofthis rule. (viii) Is notspecifiedin (M)(3)(d) ofthis rule. (iA) 

### Is not fuel**burnin~** 

### eQuipment. as defined in paramph (B)(5) of rule 3745-17-01 oftheAdministrativeCode. (b) The owner or operator of any article. machine. eQUipment. or other contrivance**meetin~** 

### the specifications ofparagraph (M)(3)(a) ofthis rule. and not specified in paragraph (11)(1) ofthis rule. shall notify Ohio environmental protection**a~ency** 

### ofthe need to be s.pecified in paramph (11)(1) of this rule. Such notification shall be submitted withinninety days afterthe effective date ofthis rule. (c) Any article. machine. eQuipment or other contrivance that meets any of the**followin~** 

### conditions shall not be subject to the regyirements of paragraphs (M)(3)(a) and (M)(3)(b) ofthis rule: {i) The article. machine. eQUipment. or other contrivance commenced installationaftertheeffective date ofthis rule. (ii) The uncontrolledpotential to emit for**or~anic** 

### compound emissions from the article. machine. eQuipment or other contrivance does not exceed forty pounds per day where uncontrolled potential to emit for**or~anic** 

### compound emissions meanS the capability at maximum capacity of an article. machine. eQUipment or other contrivance to emit**or~anic** 

### compounds under its physical and operational desiW. Any physical or operational limitation on the capability ofan article. machine. eQuipment or other contrivance

### 3745-21-07 11



### to emit organic compounds.**includin~** 

### restrictions on the hours of operation oron the type or amount ofmaterial processed. butnot including restrictions pertaining to air pollution control eQuipment. shall be treated as partofits physical and operational design ifthe limitation or the effect it would have on organic compound emissions is federally enforceable or lelially and practicablyenforceable by

### the state. (iii) The article. machine. eQuipment or other contrivance is subjectto and complying with a best available technoloiY regyirement. pursuant to rule 3745-31-05 of the Administrative Code. that specifies an overall control efficiency for organic compound or VOC emissions that is**~eater** 

### than**ei~-five** 

### per cent. by weight. (iv) The article. machine. equipment or other contrivance is subject to and complying with a federal regulation that specifies an overall control efficiency fororlianic compoundorVOC emissions thatis materthan eighty-fivepercent. by weight. (v) The article. machine. eQJlipment or other contrivance is subject to andcomplying withparagraph (M)(3)(g) or(M)(4) ofthis rule. (vi) The article. machine. eguipment or other contrivance is a heatset web offset printing line that is subject to and**complyin~** 

### with a best available technoloiY reQuirement. pursuant to rule 3745-31-05 ofthe Administrative Code. that :mecifiesthe d1yer(s) to be eQuipped with a control device**havin~** 

### either a control efficiency for organic compound or VOC emissions that is eQual to or fUeater than ninety per cent. by weight. or an outlet concentration ofless than twenty parts per million. by volume. <.bybasis for organic compound orVOC emissions (aheatsetweb offset**printin~** 

### line is an offset lithofUaphic printing line in which the substrate is continuously fed from a roll and a heated oven is usedto dIy

### theprinting

### inks). (vii) The article. machine. equipment or other contrivance is regulated by and complying with Chapter 3745-76 ofthe Administrative Code. (d) The following specific articles. machines. eQuipment or other contrivances shall not be subject to the reQuirements of paragraphs (M)(3)(a) and (M)(3)(b) ofthisrule: (i) Any 

### emissions unit identified in paragraphs (M)(3)(d)(ii) to (M)(3)(d)(x) of this rule that obtains an alternative emission

### 3745-21-07 12

limitation or control requirementpursuantto paralWlph (M)(5)(e) ofthis rule. (ii) Emissions unit ROOI at 

### the "Dee Siim Company" (facility ID 1409000675). provided that the organic compound emissions from the emissions unit are controlled by 

### meanS of a thermal incineratorthat maintains an overall control efficiency ofat least 74.1 per cent. by 

### weight. in accordance with permit-to-install 14-2185. (iii) Emissions units POOL P002. P003. P004. P005. P007. P008. P009 and POlO at "The Nylonge Corporation" (facility ID 0247040822). provided that the organic compound emissions from the emissions units are controlledby meanS ofapackedbed scrubber and biofiltration system that maintain

## an overall control efficiency ofat least eighty per cent. by weifWt in accordance withpermit-to-install02-13356. (iv) Emissions unit POO1 at "Fort Amanda Specialties. LLC" (facility ID 0302020097). provided that the ore;anic compound emissions from the emissions unit are controlled by meanS ofa packed bed scrubber that limits emissions to 

### 0.04 pounds per hour. in accordancewithpermit-to-install03-5696. (v) The following emissions units at "Franklin International" (facility ID 0125040070). provided that all the emissions units are controlled by a condenser that limits the VOC emissions to the levels specifiedbelow: Ca) 

### For emissions unit P103. eight pounds per hour and forty poundsperday: (0) 

### ForemissionsunitP106. 6.5 poundsperhourand 32.3 pounds perday. inaccordancewithpermit-to-install01-05683:**(~)** 

### Foremissions unitP107. 6.5 poundsperhourand 32.3 pounds perday. inaccordancewithpermit-to-install01-05683: Cd) 

### For emissions unit P113. eight pounds per hour and forty poundsperday:**(~)** 

### For emissions unit P114. eight pounds per hour and forty poundsperday: (j) 

### For emissions unit P115. 7.3 pounds perhour and 32.3 pounds perday. in accordancewithpermit-to-install01-08402:

### 3745-21-07 13

(g) 

### Foremissions unitPl16. 6.5 poundsperhour and 32.3 pounds perday. inaccordancewithpermit-to-install01-05683: (h) 

### For emissions unit P124. 4.38 pounds per hour and 21.92 pounds per day. in accordance with permit-to-install 01-05232: (j) 

### Foremissions unitP125. 7.8 pounds perhour and 39.0pounds perday. inaccordancewithpermit-to-install01-06303: and 

# a) For emissions unit P127. 6.92 pounds per hour and 32.3 pounds per day. in accordance with permit-to-install 01-08402. (vi) Emissions unitR201 at "HondaMaIYsville Auto Plant" (facility ID 0180000130). provided that this emissions unit is eQuipped with capture and control eQuipment that provide not less than an eighty-one per cent reduction. by**wei~ht.** 

### in the overall organic compound emissions from the application and**dtyin~** 

### ofplastic part coatings within this emissions unit. For any reductions that are achieved by incineration. the incineration eQuipment shall provide not less than ninety per cent. by weight. destruction (control) efficiency. (vii) The following emissions units at "Honda Anna Engine Plant" (facility ID 0575000174). provided that VOC emissions are controlledandlimitedas follows: (a) 

### Foremissions unitP087. use ofa wet scrubberonly when the binder system employs triethylamine to complete the reaction. 1.82 pounds per hour of stack emissions. 0.008 pounds perhour offugitive emissions. and40.0 pounds per day of stack and fugitive emissions combined. in accordancewithpermit-to-install05-12593: and 0) 

### For emissions unit P097. 8 pounds per hour. and 40 pounds perday. inaccordancewithpermit-to-install05-14422. (viii) Deco Booth 1 and Mask Washers associated with emissions unit K003 at "Florida Production Engineering" (facility ID 0819100218). provided that the organic compound emissions from the emissions unit are controlled by means of a capture system and thermal oxidizer that meet the following. in accordancewithpermit-to-install08-04088: (a) 

### The capture system has a capture efficiency ofat least eighty

### 3745-21-07 14

percent(by weightfor orf:anic compoundemissions) andis ventedto the thermal oxidizer; and (0) 

### The thermal oxidizeris qperating with adestruction efficiency of at least ninety-five per cent (by weight for orf:anic compound emissions). or the total organic compound concentration at the outlet is less than fifteen parts per million by volume 

### as propane on a illy 

### basis. whichever is less stringent. (ix) 

### Emissions unit P080 at "PPG Industries. Barberton Plant" (facility ID 1677020009). provided that the organic compound emissions are limitedto less than forty poundsperday and are controlledby a flare or other control device when necessary to limit emissions to less than forty pounds per day. in accordance with pennit-to-installl6-1102. (e) "Cooper Standard Automotive. LLC" (facility ID 0387020045) or any subsequent owner or QPerator ofthe "Coqper Standard Automotive. LLC" facility located at "1175 North Main Street. Bowling Green. Ohio" shallnotcause. allow orpermitthe discharf:e into the ambientair ofany VOC from flock line number 

### 1. 2. 3. or 4 (includes emissions units R008. ROIL R012. POI4. P018 and P02l. in accordance with permit-to-install 03-11229. and R029 and P044 in accordance with permit-to-install 03-10454) unless the VOC content ofthe adhesive or other coating employed within said flock line does not exceed 2.6 pounds ofVOC per gallon of coating. excludinf: water and exempt solvents (as applied). 

### (0 "OMC-Truck and Bus Group-Moraine" (facility ill 

### 0857101349) or any subseQuent owner or operator of the "GMC-Truck and Bus Group-Moraine" facility located at "2601 West Stroop Road. Dayton. Ohio" shall notcause. allow orpermitthe discharge intothe ambientair of any VOC from the windshield glass system coating qperation (emissions unit K031 in accordance with permit-to-install 08-03719) unless each coating employedin saidcoating operationhas amaximum VOC content. as applied. that does not exceed the following. in accordancewithpermit-to-install08-3719: (i) 7.3 pounds of VOC per gallon of coating. excluding water and exemptsolvents. fortheclearprime; (m 

### 5.1 pounds ofVOC per gallon of coating. excluding water and exemptsolvents. fortheblackprime; and (iii) 0.08 pound ofVOC per f:allon ofcoating. excludinf: water and

### 3745-21=07 15

exempt solvents. fortheurethane sealer. (g) Except as provided in parajUaphs (M)(3)(h) and (M)(5) ofthis rule. this parawph applies to 

### all existing sources located within 

### a "Priority I" county. as identified in rule 3745-21-06 ofthe Administrative Code. and to all new sources. 

## as defined in rule 3745-15-01 of the Administrative Code. regardless of location. for which installation commenced prior to the effective date of this rule. The owner or operator. or any subseQuent owner or operator ofeach sheet molding compound manufacturing operation shall not discharl:e from such operation more than forty pounds of orl:anic materials into the atmosphere in anyone day. nor more than eight pounds in anyone hour. unless said discharge has beenreduced by atleasteighty-five per cent. by weight. Ifthe reductions are achieved by incineration. ninety percentormore ofthe carbon in the organic materialbeing incinerated shall be oxidized to carbon dioxide. A sheet moldinl: compound manufacturinl: operation is dermed as a process which involves the production of a molding compound. that contains a resin. into sheet form. In this manufacturing operation. the molding compound is sandwichedbetweentop andbottom films. (h) "Venture Holdinl:s Comoration

- Conneaut Facility" (facility ID 0204020245) or any subseguent owner or werator of the "Venture Holdings Comoration

- Conneaut Facility" located at "333 Gore Road. Conneaut. Ohio" shall not cause. allow orpermit the discharge into the ambient air ofOrl:anic compounds orVOC from sheetmold compound machine number 2 (emissions unit P027) unless all ofthe followinl: reQuirements aremet. in accordance withpermit-to-install02-18224: (i) Organic compound emissions shall notexceed 61.20 pounds perday from productionoperations: (ii) The resin delivety system to the doctor box on each SMC manufacturingmachinemustbe closedorcovered (thedoctorbox itselfmaybe ewen): (iii) A nylon containing film mustbe used to enclose the sheetmolding compound: and (iv) The use ofmaterials containing VOC is prohibited in cleanup and
(4) Except as providedinparagraph 00(5) ofthis rule. this paramph applies to all existing sources located within a "Priority I" county. as identified in rule 3745-21-06 ofthe Administrative Code. and to all new sources. 

## as definedin rule 3745-15-01 oftheAdministrative Code. regardless oflocation. forwhich

### 3745-21-07 16

installation commenced prior to the effective date ofthis rule, The owner or operator. or any subsequent owner or operator of each article. machine. equipment or other contrivance in which any liquid**or~anic** 

### material or substance**containin~** 

### liquid**or~anic** 

### material comes into contactwith flame or is baked. heat-cured. or heat-polymerized. in the presence ofoxygen. and is not specified in paraf:Taph (M)(1) ofthis rule. shall not discharge from such source more than fifteen pounds of**or~anic** 

### materials into the atmosphere in anyone day. nor more than three pounds in anyone hour. unless said**dischar~e** 

### has been reduced by at least**ei~hty-five** 

### percent. by 

### weight. Ifthe reductions are achieved by

### incineration. ninetypercentormore ofthe carbon inthe organic material**bein~** 

### incinerated shallbe oxidizedto carbondioxide, (5) Exemptions, (a) The provisions ofparaifilph (M)(2) ofthis rule shall not apply to the use ofany cleanyp material in any article. machine. equipment. or other contrivancedescribedinparaifilph(M)(2) ofthisrule. (b) The provisions ofParagraphs (M)(2). (M)(3)(a) and (M)(4) ofthis rule shall not 3Dply to the emission from any material used in any article. machine. equipment or other contrivance described in paragraphs (M)(2). (M)(3)(a) and (M)(4) ofthisruleifthe emissionis notaVOC. (e) The provisions ofparagraph (M)(2) ofthis rule shall not apply to the use. in any article. machine. equipment or other contrivance described in paraf:Taph (M)(2) ofthis rule. ofliquid organic materials which exhibit a**boj1in~** 

### point**hi~er** 

### than two hundred degrees Fahrenheit at 0,5 millimeter mercwy absolute pressure. or**havin~** 

### an equivalent vapor pressure. unless such liquid**or~anic** 

### material is exPosedto temperatures**exceedin~** 

### twohundredtwentydegrees Fahrenheit. (d) The provisions ofparaf:Taph (M)(4) ofthis rule shallnotapply if: (i) The volatile contentofthe material describedinparaifilph (M)(4) of this rule consists only ofwater and liQllid organic material. and the liquid organic material comprises not more than twenty per cent. by volume. ofsaidvolatile content: or (ii) The volatile content ofthe material described in paragraph (M)(4) ofthis rule does not exceed twenty per cent by volume ofsaid material. (e) The provisions of paragraphs (M)(2). (M)(3)(d). (M)(3)(e). 00(3)(0.**(M)(3)(~).** 

### (M)(3)(h) and (M)(4) ofthis rule shall not apply ifall the**followin~** 

### conditions are met: (i) The director has determined that best available technology for the

### 3745-21-07 17

article. machine. eQuipment or other contrivance. as required by rule 3745-31-05 of the Administrative Code. is a control requirementoremissionlimitationthatis eitherless stringentthan or inconsistent with the requirements ofparagraph (M) ofthis rule. Best available technology shall be defined in accordance with division (F) 

### ofsection 3704.01 ofthe Revised Code and. for purposes of this paragraph. shall provide. where an emission limitation is applicable. the lowest emission limitation that the article. machine. equipment or other contrivance is capable of meetin& by the application of control technolo&y that is reasonably available considering**technolo~cal** 

### and economic feasibility. Also. for an article. machine. equipment or other contrivance located within an ozone nonattainment area. the best available technology determinationmustcomplywith section 193 ofthe CleanAirActamendments of1990. general savin&s clause. (ii) The USEPA has informed the Ohio environmental protection a&ency. in**writin~.** 

### priorto the issuance ofa

### final permit-to-install for the article. machine. eQuipment or other contrivance. that the USEPA has no objection to the issuance ofthe [mal permit and the controlrequirementoremissionlimitation specifiedtherein. (iii) A final permit-to-insta11 has been issued for the article. machine. equipment or other contrivance pursuant to Chapter 3745-31 of the Administrative Code. Thepermit-to-install shall containterms and conditions that are consistent with the approval fU8.D.ted by the USEPA pursuant to paragraph (M)(5)(e)(ii) ofthis rule. and that specify the control requirement or emission limitation that is thebasis forthe director's bestavailable technology determination for the article. machine. equipment or other contrivance. as described in paragraph (M)(5)(e)(i) of this rule. The permit-to-install shall be issued by the Ohio environmental protection agency in amannerthatmakes the control requirement oremissionlimitationfederally enforceable. (D 

### The provisions of paragraph eM) 

### of this rule shall not apply to the emissions resulting from the use ofany liquid organic materials in any article. machine. equipment or other contrivance ifthose emissions are regulated by rule 3745-21-09. 3745-21-12. 3745-21-13. 3745-21-14. 3745-21-15.3745-21-16. or3745-21-18 oftheAdministrative Code.**(~)** 

### The provisions ofparam phs (M)(3)(a). (M)(3)(b).**(M)(3)(~)** 

### and (M)(4) of this rule shall not apply to sources that are located in Darke. Fairfield Madison. Peny. Pick;away. Preble or Union county and that are within a facility having the potential to emit not more than 

### one hundredtons oforganic compoundspercalendaryear.3745-21-07 18



### (h) The provisions of**para~aph** (M)(3)(g) ofthis rule shall not apply to any sheet molding compound manufacturing operation (machine) in which all ofthefollowing requirements are met: (i) The resin deliveor system to the doctor box on the sheet**moldin~** compoundmanufacturing machinemustbe closed orcovered (the doctorboxitselfmaybe <men). A doctorboxis defmed as thebox or**trou~** on a sheet**moldin~** compound**manufacturin~** machine into which the ligyid resin paste is delivered before it is metered onto the carrierfilm. (ii) A nylon containing film mustbe used to enclose the sheetmolding compound. (N) Facility-specific controlrequirements forwaste gas flare systems: (l) The owner oroperator. orany subsequent owneror operator. ofeach waste gas flare system identified in this**para~aph** shall comply with the control requirements specifiedinparagraph (N)(2) ofthis rule: (N)(l) Emissions Units
OwnerorOperator FacilityID EmissionsUnitID City ofUrbana 0511010123 POOl CECOS International 1413000186 POOl (2) The waste**~as** flare system identified in**para~aph** (N)(l) ofthiS rule shall employ a smokeless flare or egyally effective control equipment for organic compound emissions. (3) "Aircraft Braking Systems Com." (facility ID 1677010999) or any subsequent owner or <merator ofthe "Aircraft Braking Systems COW." facility located at "1204 Massillon Road. Akron. Ohio" shall not emit a waste Wis stream into the atmosphere from emissions units P036. P037. P038. P039. P040. P041. and P044 unless such waste gas stream is properly burned at 1300**de~ees** Fahrenheit for 0.3 seconds or**~eater** in a direct-flame afterburner or equally effective control device for**or~anic** compoundemissions.3745-21-07

Replaces:
Effective: 

## R.c. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification

02/08/2008 Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffectiveDates: 3745-21-07 02/18/2008 02/18/2013

119.03 3704.03(A),3704.03(E) 3704.03(E) 2/15/72, 10/19/79, 10/31/96,6/15/99 19

## ACTION: Final

3745-21-07

(A) Applicability. 

# I DATE: 

## 02/08/2008 8:05 AM 

# I

TO BERESCINDED 

### Control of emissions of organic materials from stationary sources.

(1) Exceptas providedinparagraph (A)(2) ofthis rule, therequirements ofthis rule are applicable to all existing stationary sources located within a "Priority I" county as indicatedinparagraph (A) ofrule 3745-21-06 ofthe Administrative Code andto allnew stationary sources regardless oflocation. (2) The requirements ofthis rule shallnot apply to the following sources: (a) Sources which are 

### in compliance with or specifically exempted from the applicablerequirements ofrule 3745-21-09 ofthe Administrative Code; and (b) Sources which are not in compliance with the applicable requirements of rule 3745-21-09 of the Administrative Code where the owner or operatorofsaid sources has: (i) Complied with the requirements of paragraph (B)(1) of rule 3745-21-04 ofthe Administrative Code; and (ii) Demonstrated to the satisfaction of the director that compliance with the requirements ofrule 3745-21-07 ofthe Administrative Code wouldconflictwiththe achievementofcompliance withthe applicable requirements ofrule 3745-21-09 ofthe Administrative Code. (c) Sources which are located in Darke, Fairfield, Madison, Perry, Pickaway, Preble andUnion counties andwhich are locatedata facility havingthe potential to emitnotmore than one hundredtons oforganic compounds percalendaryear. (B) Except as otherwise provided in this rule, all new stationary emission sources of photochemically reactive materials shall minimize such emissions by use ofthe latest available control techniques and operating practices in accordance with best currenttechnology. (C) Nothing in this rule shall be construed to preclude the use ofalternative means to abate emissions, ifsuch alternative is approvedby the directorand will notresultin

[style

...he./: ru/e.xsll.14. p: 30057. po: 45136. 1'0: 146627. d: 156155}] print date: 03/17/2008 02:21 PM3745-21-07 TO BE RESCINDED 

### 2

emissions significantly greaterthan wouldresult from the application ofthe means specifiedherein. 

### (D) Storage ofvolatilephotochemicallyreactivematerials: 

### (l) No person shall place, store, or hold in any stationary 

### tank, reservoir or other container of more than sixty-five thousand gallons capacity any volatile photochemically reactive material unless such tank, reservoir, or other container is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped with one of the following vapor loss control equipment: (a) A floating pontoon ordouble-decktype coverequipped with closure seals to enclose any space between the cover's edge and compartment wall. This control equipment shall not be permitted if the volatile photochemically reactive material has a vaporpressure of 12.5 pounds per square inch absolute or greaterunder actual storage conditions. All tank gauging or sampling devices shall be gas-tight except when tank gauging or samplingis takingplace; or (b) A vaporrecovery systemwhichreduces the emission oforganic materials into the atmosphere by at least ninety per cent by weight. All tank gauging or sampling devices· shall be gas tight except when tank gauging or samplingis takingplace; or (c) Otherequipmentormeans ofairpollution control as may be approvedby the director. (2) No person shall place, store, or hold in any stationary storage vessel ofmore than five hundred gallons capacity any volatile photochemically reactive materialunless such vessel is equippedwith a permanentsubmerged fill pipe, is loaded through the use ofa portable loading tube which can be inserted below the liquid level line during loading operations, or is a pressure tank as described in paragraph 

### (D)(l) ofthis rule or is fitted with a vapor recovery systemas described inparagraph (D)(l)(b) ofthis rule. (E) Volatilephotochemicallyreactive materials loading facilities: (1) No person shall load in anyone day more than forty thousand gallons ofany volatile photochemically reactive material into any tank truck, trailer, or railroad tank car from any loading facility unless the loading facility is3745-21-07 TO BE RESCINDED 3

equipped with a vapor collection and disposal system properly installed, in goodworking order, in operation, andconsisting ofone ofthe following: (a) An adsorber system orcondensation systemwhichprocesses andrecovers at least ninety per cent by weight of all vapors and gases from the equipmentbeing controlled; or 

### (b) A vaporhandling systemwhich directs allvapors to a fuel gas system; or (c) Otherequipmentormeans for purposes ofairpollution control as maybe acceptableto and approvedbythe director. (2) All loading from facilities subject to the provisions ofparagraphs (E)(I)(a) and 

### (E)(l)(b) of this rule shall be accomplished in such a manner that all displaced vapors and gases shall be vented only to the vapor collection system. A means shall be provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage beforethe loading deviceis disconnected. (F) No person shall use any compartment of any vessel or device operated for the recovery of volatile photochemically reactive materials from an effiuent water separator which recovers two hundred gallons a day or more of any volatile photochemicallyreactive materialunless suchcompartmentis equippedwith one of the following vapor loss control devices, properly installed, in good working order andinoperation: (1) A solid coverwith all openings sealed and totally enclosing the liquid contents of the compartment. All gauging and sampling devices shall be gas-tight exceptwhen gaugingorsamplingis takingplace; or (2) A floating pontoon or double-deck type cover equipped with closure seals to enclose any space between the cover's edge and compartment wall. All gauging and sampling devices shall be gas-tight except when gauging or samplingis takingplace; or (3) A vapor recovery system which reduces the emission oforganic materials into the atmosphere by at least ninety per cent by weight. All gauging and sampling devices shall be gas-tight except when gauging or sampling is takingplace; or (4) Other equipment or means ofairpollution control as may be approved by the director.3745-21-07 TO BE RESCINDED 4

(G) Operations using liquidorganic material: (1) A person shall not discharge more than fifteen pounds oforganic materials into the atmosphere in anyone day, nor more than three pounds in anyone hour, from any article, machine, equipment, or other contrivance in which any liquid organic material or substance containing liquid organic material comes into contact with flame or is baked, heat-cured, or heat-polymerized, in the presence of oxygen, unless said discharge has been reduced by at least eighty-fivepercent. (2) Aperson shall notdischarge morethan forty pounds oforganic material intothe atmosphere in anyone day, normore than eightpounds in anyonehour, from any article, machine, equipment, or other contrivance used under conditions otherthan described in paragraph (G)(I) ofthis rule for employing, applying, evaporating or drying any photochemically reactive material, or substance containing such photochemically reactive material, unless said discharge has beenreducedby atleasteighty-fivepercent. (3) Any series or articles, machines, equipment or other contrivances designed for processing a continuously moving sheet, web, strip, or wire which is subjected to any combination or operations described in paragraph (G)(l) or (G)(2) ofthis rule involving any photochemically reactive material, shall be subject to compliance with paragraph (G)(2) of this rule. Where only nonphotochemically reactive materials are employed or applied, and where any portion or portions of said series of articles, machines, equipment, or other contrivances involves operations described in paragraph (G)(l) ofthis rule, saidportions shall be collectively subjectto compliance with paragraph (G)(l) ofthis rule. (4) Emissions of organic material to the atmosphere from the cleanup with photochemically reactive materials of any article, machine, equipment, or othercontrivancedescribedinparagraph (G)(l), (G)(2), or(G)(3) ofthis rule, shall be included with the other emissions of organic materials from that article, machine, equipment, or othercontrivance for determining compliance withthis rule. (5) Emissions oforganic materials to the atmosphere resulting from air or heated drying ofproducts for the first twelve hours after their removal from any article, machine, equipment, or other contrivance described in paragraph (G)(l), (G)(2), or(G)(3) ofthis rule shall be includedwith otheremissions of organic materials from thatarticle, machine, equipment, orothercontrivance, fordetermining compliancewiththis rule.

### 3745-21-07 TO BE RESCINDED 

### 5

(6) Emission oforganic materials into the atmosphere required to be controlledby paragraph(G)(l), (G)(2), or(G)(3) ofthis rule, shallbereducedby: (a) Incineration, provided that ninety per cent or more ofthe carbon in the organicmaterialbeingincineratedis oxidizedto carbon dioxide, or (b) Adsorption, or (c) Processing in amannerdeterminedby the directorto be not less effective than the methods specified in paragraph (G)(6)(a) or (G)(6)(b) ofthis rule. (7) A person incinerating, adsorbing, or otherwise processing liquid organic materials pursuant to this rule shall provide, properly install, and maintain in calibration, in good working order and in operation, devices as specified in the authority to construct or the permit to operate, or as specified by the director, for indicating temperatures, pressures, rate of flow, or other operating conditions necessary to determine the degree and effectiveness of airpollutioncontrol. (8) Any person using liquid organic materials or substances containing any liquid organic materials shall supply the director, upon request and in the manner and form prescribed by the director, written evidence of the chemical composition, physical properties, and amount consumed for each organic solventused. (9) Theprovisions ofparagraph (G) ofthis rule shallnotapplyto: (a) The use of equipment for which other requirements are specified by paragraphs (D), (E), and (F) ofthis rule, or which are exempt from air pollutioncontrolrequirements by saidparagraph. (b) The spraying or other employment of insecticides, pesticides, or herbicides. (c) The use of any material, in any article, machine, equipment, or other contrivance described in paragraph (G)(l), (G)(2), (G)(3), or (G)(4) of thisrule, if: (i) The volatile content of such material consists only ofwater and liquidorganicmaterial, and3745-21-07 TO BE RESCINDED 

### 6

(ii) The liquidorganic materialcomprises notmore thantwentypercent ofsllidvolatilecontent, and (iii) Thevolatilecontentis notaphotochemicallyreactive material. (d) The use of any material, in any article machine, equipment or other contrivance described in paragraph (G)(l), (G)(2), (G)(3) or (G)(4) of this rule, if: (i) The volatile content of such material does not exceed twenty per centbyvolume ofsaidmaterial, and (ii) Thevolatilecontentisnotaphotochemicallyreactivematerial. (e) The use, in any article, machine, equipment, or other contrivance described in paragraph (G)(l), (G)(2), (G)(3), or (G)(4) ofthis rule, of liquid organic materials which exhibit a boiling point higher than 200 degrees Fahrenheit at 0.5 millimeter mercury absolute pressure, or having an equivalentvaporpressure, unless suchliquidorganic material is exposedto temperatures exceeding220 degrees Fahrenheit. (f) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (G)(l), (G)(2), (G)(3), or (G)(4) of this rule, ifit can be demonstrated to the director's satisfaction thatthe emissions oforganic materials into the atmosphere from such article, machine, equipment, or other contrivance are not photochemically reactive. (g) Any emissions unitthatis a new source, as definedby rule 3745-31-01 of the Administrative Code, andmeets the following requirements: (i) The director has determined that best available technology for the emissions unit, as required by rule 3745-31-05 of the Administrative Code, is a control requirement or emission limitation thatis either less stringentthan orinconsistentwith the requirements of paragraph (g) of this rule. Best available technology shall be defined in accordance with division (f) of section 3704.01 ofthe Revised Code and, for purposes ofthis paragraph, shall provide, where an emission limitation is applicable, the lowest emission limitation that the emissions unit is capable ofmeeting by the application ofcontrol technology that is reasonably available considering technological and

### 3745-21-07 TO BERESCINDED 7



### economic feasibility. Also, for anemissions unitlocatedwithinan ozone nonattainment area, the best available technology determination must comply with section 193 (General Savings Clause) ofthe CleanAir

### ActAmendments of1990. (ii) The U.S. environmental protection agency has informed the Ohio EPA, in writing, priorto the issuance ofa final permit to install for the emissions unit, that the agency has no objection to the issuance of the final permit and the control requirement or emission limitationspecifiedtherein. (iii) 

### A final permit to install has been issued for the emissions unit pursuant to Chapter 3745-31 of the Administrative Code. The permit to install shall contain terms and conditions that specify the control requirementoremission limitationthatis the basis for the director's best available technology determination for the emissions unit, as described inparagraph (G)(9)(g)(i) ofthis rule, and the permit to install shall be issued by the Ohio EPA in a mannerthatmakes the control requirement oremission limitation federally enforceable. (h) The use ofa phenolic urethane cold box resin binder system in foundry core-making and mold-making operations, provided the catalyst gas emissions are vented to either a sulfuric acid scrubber that is designed and operated to remove at leastninety-eightper cent, by weight, ofthe catalystgas emissions oracontrol device that is designed and operated withan equivalentremovalefficiency forthe catalystgas emissions. (In 

### aphenolic urethane coldbox resin binder system, sand is mixed with a two-part liquid urethane resin binder, and a catalyst gas is blown into the resin-coated sandto causehardening.) (i) The use ofa phenolic urethane no-bake resin binder system in foundry core-making and mold-making operations. (In 

### a phenolic urethane no-bake resin binder system, sand is mixed 

### with a two-part liquid urethane resinbinderand aliquidcatalyst, whichregulates the speedof theresincuringreaction.) (H) 

### (Reserved) (I) Disposaland evaporationofsolvents: Aperson shall not, during anyone day, dispose ofatotal ofmore than 1.5 gallons of any volatile photochemically reactive material, or dispose of any substance

### 3745-21-07 TO BE RESCINDED 

### 8

containing more than 1.5 gallons ofany volatile photochemicallyreactive material, by any means which will permit the evaporation ofsuch volatile photochemically reactivematerial intothe atmosphere. (1) Waste gas disposal: (1) No person shall emit a waste gas stream from any ethylene producing plant or other ethylene emission source into the atmosphere unless the waste gas stream is properly burned at 1300 degrees Fahrenheit for 0.3 seconds or greaterin a direct-flame afterburneror equally effective control equipmentas maybe approvedbythe director. (2) No person shall emit organic materials into the atmosphere from a waste gas flare system unless such materials are burned by smokeless flares, or an equallyeffectivecontrolequipmentas approvedbythedirector. (3) The provisions ofparagraphs (1)(1) and (1)(2) ofthis rule shall not apply to emissions from emergency relief and vapor blowdown systems. Emissions from emergency reliefand vaporblowdown systems shallbe controlledupon special order of the director by burning by smokeless flare, or equally effective control equipmentas maybe approvedbythe director.3745-21-07

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

02/08/2008 Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffectiveDates: TO BE RESCINDED

02/18/2008 08/27/2007

119.03 3704.03(A),3704.03(E) 3704.03(E) 2/15/72, 10/19/79, 10/31/96,6/15/99 

### 9**~~** 

# ---RECE\\lED**~PR** 1 4: 

### 'LGG8 ENlEN1 BRI\NCH I\IRENfORC REGION 5 U.S.**EPI\~** ..**~.** 

# Article II Copy of Public Notice and Director's Findings 

# &Orders

### BEFORE THE OHlQ E.P.A.



### In the Matterof:

FINDINGS AND ORDERS The Rescission ofexisting Rule 3745·21.{J7 ofthe Ohio Administrative Code, and Adoption of New Rule 3745·21.{J7 ofthe Ohio Administrative Code Director's Final Findings and Orders



## FEB 18

## 2008 The Director of Environmental Protection, having considered in compliance with the Administrative ProcedureActthe adoption, infinal form, ofthe proposed amended rules of the Ohio Administrative Code cited above, finds: 1. That due notice of a public hearing in this matter pursuant to the Administrative Procedure Act was given, that a public hearing was held on October 

### 3, 2007, in Columbus, Ohio, and thatall interested personswere affordedthe opportunityto be heard; and 2. Thatupon due consideration, the rescission ofthe existing rule and the adoption, in final form, ofthe proposed newrule ofthe OhioAdministrative Code cited above, is reasonable and lawful and within the purview of authority provided by law. It is therefore 

### ORDERED that existing rule 

### 3745-21-07 ofthe Ohio Administrative Code 

### be rescinded, and that new rule 

### 3745-21-07 ofthe Ohio Administrative Code be adopted in final form. It is further 

### ORDERED that the effective date ofsaid new rule shall be



# ------- It is further 

### ORDERED that copies of these Findings and Orders and certified copies of said new

### rule, infinal fOnTI, shall befiled with the SecretaryofState, the JointCommittee on Agency Rule Review, the Legislative Services Commission, and the DepartmentofDevelopment's Office of Small and Developing Business, as required by law. APPEAL RIGHTS 

### Notice is hereby given that this action ofthe Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained ofand the grounds upon which the appeal is based. The appeal must 

### be filed with the Commission within thirty (30) daysafternotice ofthe Director's action. Theappeal mustbe accompanied byafiling fee of$70.00which the Commission, in itsdiscretion, mayreduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice ofthe filing ofthe appeal shall be filed with the Directorwithin three (3) days offiling with the Commission. Ohio EPA requests that a copyofthe appeal be served upon the OhioAttorney General's**Offic~,** 

### Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address: Environmental ReviewAppeals Commission 309 South Fourth Street, Room 222 Columbus,OH 43215

Chris Korleski, Director Ohio Environmental Protection Agency

Issued at Columbus, Ohio this

# L day of

## ---'-oF_E_B_Ru_A_,_e 

## _Y , 

# 200?

2

# IDATE: 02/08/08 

## 8:26 AM 

# I

State of Ohio Environmental Protection Agency Notice ofAdoption of Rules Notice is herebygiven thatthe DirectorofEnvironmental Protection, underthe authorityof Ohio Revised Code Section 3704.03 has rescinded existing rule 3745-21-07 ofthe Ohio Administrative Code (OAC), "Control of emissions of organic materials from stationary sources.", and adopted new rule 3745-21-07 ofthe OAC, "Control ofemissions oforganic materialsfrom stationarysources (Le., emissionsthatare not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745,21-15, 3745-21-16, or 3745-21-18 of the Administrative Code)." The primary purpose of this rulemaking is to maintain VOC controls on sources that currently have controls, and eliminate many short-term limits and recordkeeping requirements forsmaller, existing emissions unitsthatare notcontrolled. Additionally, the new rule will not be applied to new emissions units that commence construction afterthe effective date ofthe new rule. These emissions unitswill be required to undergothe New Source Review process, and any control requirements oroperational restrictions that are included in the emission's units permits will be the result of a BAT determination, or the applicability of other OAC rules. Pursuant to Section 121.39 ofthe Ohio Revised Code, DAPC is required to consult with interested parties affected bythe rule before the division formallyadopts them. On August 27, 2007, these rules went out for a 30 day review by interested parties. Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these rule changes was conducted on October3, 2007, in Columbus, Ohio. Therewere comments received during the public comment period, and later, that did result in changes to the rule proposed. Rule changes included the addition of clarification language in several of the rule's paragraphs, the removal ofemissions unitsthatshould not be included in the rule, and the addition of an emissions units that were recently permitted and subject to the rule. Additionally, language contained in one facility-specific portion ofthe rule was revised to allow necessaryflexibility in controlling VOC emissions while maintaining Ohio's abilityto limit emissions. The Director's order of adoption was issued on February 8,2008. The effective date ofthese rules is February 18, 2008. To request acopyofthese rules, obtain furtherinformation, orinspectorrequest copies of agency files and records pertaining to the proceeding contact Todd Brown, Ohio EPA, Division ofAir Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 or call Todd Brown at 614-644-4839 The rule(s) are available on the Web page for electronic downloading. The URL is: http://www.epa.state.oh.us/dapclregs/regs.html. This action of the Director is final and may be appealed to the Environmental Review Appeals Commission (ERAC) pursuantto Section 3745.04ofthe Ohio Revised Code. Theappeal must be in writing and set forth the action complained of and the grounds upon which the-appeal is based. The appeal mustbefiled with ERACwithin thirty (30) days after notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio 43215. Copies ofthe appeal mustbe served upon the Directorofthe Ohio EPAwithin three (3) days offiling with ERAC. The appeal must be accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Ohio EPA also requeststhatacopyofthe appeal be served upon the Environmental EnforcementSection ofthe Ohio Attorney General's Office.

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## 3704.02 Purposes of chapter - construction of provisions. (A) The purposes of this chapter are the following: (1) To protect and enhance the quality of the state's air resources so as to promote the public health, welfare, economic vitality, and productive capacity ofthe people of the state; (2) To enable the state, through the director of environmental protection, to adopt and maintain a program for the prevention, control, and abatement of air pollution that is consistent with the federal Clean Air Act; (3) To authorize the state to obtain financial assistance and delegation of powers from the federal government for purposes of the prevention, control, and abatement of air pollution. (B) This chapter, all rules adopted under It, and all permits, variances, and orders issued under it shall be construed, to the extent reasonably possible, to be consistent with the federal Clean Air Act and to promote the purposes of this chapter. Effective Date: 10-29-1993



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## 3704.03 Director of environmental protection - powers and duties.

The director of environmental protection may do any ofthe following: (A) Develop programs for the prevention, control, and abatement of air pollution; (B) AdVise, consult, contract, and cooperate with any governmental or private agency in the furtherance of the purposes of this chapter; (C) Encourage, participate in, or conduct studies, investigations, and research relating to air pollution, collect and disseminate information, and conduct education and training programs relating to the causes, prevention, control, and abatement of air pollution; (D) Adopt, modify, and rescind rules prescribing ambient air quality standards for the state as a whole or for various areas of the state that are consistent with and no more stringent than the national ambient air quality standards in effect underthe federal Clean Air Act; (E) Adopt, modify, suspend, and rescind rules for the prevention, control, and abatement of air pollution, including rules prescribing for the state as a whole or for various areas of the state emission standards for air contaminants, and other necessary rules for the purpose of achieving and maintaining compliance with ambient air quality standards in all areas within the state as expeditiously as practicable, but not later than any deadlines applicable under the federal Clean Air Act; rules for the prevention or control of the emission of hazardous or toxic air contaminants; rules prescribing fugitive dust limitations and standards that are related, on an areawide basis, to attainment and maintenance of ambient air quality standards; rules prescribing shade, density, or opacity limitations and standards for emissions, prOVided that with regard to air contaminant sources for which there are particulate matter emission standards in addition to a shade, density, or opacity rule, upon demonstration by such a source of compliance with those other standards, the shade, density, or opacity rule shall provide for establishment of a shade, density, or opacity limitation for that source that does not require the source to reduce emissions below the level specified by those other standards; rules for the prevention or control of odors and air pollution nuisances; rules that prevent significant deterioration of air quality to the extent required by the federal Clean Air Act; rules for the protection of visibility as required by the federal Clean Air Act; and rules prescribing open burning limitations and standards. In adopting, modifying, suspending, or rescinding any such rules, the director, to the extent consistent with the federal Clean Air Act, shall hear and give consideration to evidence relating to all ofthe following: (1) Conditions calculated to result from compliance with the rules, the overall cost within this state of compliance with the rules, and their relation to benefits to the people of the state to be derived from that compliance; (2) The quantity and characteristics of air contaminants, the frequency and duration of their presence in the ambient air, and the dispersion and dilution ofthose contaminants; (3) Topography, prevailing wind directions and velocities, physical conditions, and other factors that mayor may combine to affect air pollution.



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Consistent with division (K) of section 3704.036 of the Revised Code, the director shall consider alternative emission limits proposed by the owner or operator of an air contaminant source that is subject to an emission limit established in rules adopted under this division and shall accept those alternative emission limits that the director determines to be equivalent to emission limits established in rules adopted under this division. (F)(l) Adopt, modify, suspend, and rescind rules consistent with the purposes of this chapter prohibiting the location, installation, construction, or modification of any air contaminant source or any machine, equipment, device, apparatus, or physical facility intended primarily to prevent or control the emission of air contaminants unless an installation permit therefor has been obtained from the director or the director's authorized representative. (2) Applications for installation permits shall be accompanied by plans, specifications, construction schedules, and such other pertinent information and data, including data on ambient air quality impact and a demonstration of best available technology, as the director' may require. Installation permits shall be issued for a period specified by the director and are transferable. The director shall specify in each permit the applicable emission standards and that the permit is conditioned upon payment of the applicable fees as required by section 3745.11 of the Revised Code and upon the right ofthe director's authorized representatives to enter upon the premises of the person to whom the permit has been issued, at any reasonable time and subject to safety requirements of the person in control of the premises, for the purpose of determining compliance with such standards, this chapter, the rules adopted thereunder, and the conditions of any permit, variance, or order issued thereunder. Each proposed new or modified air contaminant source shall provide such notice of its proposed installation or modification to other states as is required under the federal Clean Air Act. Installation permits shall include the authorization to operate sources installed and operated in accordance with terms and conditions of the installation permits for a period not to exceed one year from commencement of operation, which authorization shall constitute an operating permit under division (G) of this section and rules adopted under It.
No installation permit shall be required for activities that are subject to and in compliance with a plantwide applicability limit issued by the director in accordance with rules adopted underthis section.
No installation permit shall be issued except in accordance with all requirements of this chapter and rules adopted thereunder. No application shall be denied or permit revoked or modified without a written order stating the findings upon which denial, revocation, or modification is based. A copy of the order shall be sent to the applicant or permit holder by certified mail. (3) Not later than two years after August 3, 2006, the director shall adopt a rule in accordance with Chapter 119. of the Revised Code specifying that a permit to install is required only for new or modified air contaminant sources that emit any ofthe following air contaminants: (a) An air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act; (b) An air contaminant for which the air contaminant source is regulated under the federal Clean Air Act;



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(c) An air contaminant that presents, or may present, through inhalation or other routes of exposure, a threat of adverse human health effects, including, but not limited to, substances that are known to be, or may reasonably be anticipated to be, carcinogenic, mutagenic, teratogenic, or neurotoxic, that cause reproductive dysfunction, or that are acutely or chronically toxic, or a threat of adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise, and that is identified in the rule by chemical name and chemical abstract service number.
The director may modify the rule adopted under division (F)(3)(c) of this section for the purpose of adding or deleting air contaminants. For each air contaminant that is contained in or deleted from the rule adopted under division (F)(3)(c) ofthis section, the director shall include in a notice accompanying any proposed or final rule an explanation of the director's determination that the air contaminant meets the criteria established in that division and should be added to, or no longer meets the criteria and should be deleted from, the list of air contaminants. The explanation shall include an identification ofthe scientific evidence on which the director relied in making the determination. Until adoption ofthe rule under division (F)(3)(c) of this section, nothing shall affect the director's authority to issue, deny, modify, or revoke permits to Install under this chapter and rules adopted under it. (4)(a) Applications for permits to install new or modified air contaminant sources shall contain sufficient information regarding air contaminants for which the director may require a permit to install to determine conformity with the environmental protection agency's document entitled "Review of New Sources of Air Toxics Emissions, Option A," dated May 1986, which the director shall use to evaluate toxic emissions from new or modified air contaminant sources. The director shall make copies of the document available to the public upon request at no cost and post the document on the environmental protection agency's web site. Any inconsistency between the document and division (F)(4) of this section shall be resolved in favor of division (F)(4) of this section. (b) The maximum acceptable ground level concentration of an air contaminant shall be calculated in accordance with the document entitled "Review of New Sources of Air Toxics Emissions, Option A." Modeling shall be conducted to determine the increase in the ground level concentration of an air contaminant beyond the facility's boundary caused by the emissions from a new or modified source that is the subject of an application for a permit to install. Modeling shall be based on the maximum hourly rate of emissions from the source using information including, but not limited to, any emission control devices or methods, operational restrictions, stack parameters, and emission dispersion devices or methods that may affect ground level concentrations, either individually or in combination. The director shall determine whether the activities for which a permit to install is sought will cause an increase in the ground level concentration of one or more relevant air contaminants beyond the facility's boundary by an amount in excess of the maximum acceptable ground level concentration. In making the determination as to whether the maximum acceptable ground level concentration will be exceeded, the director shall give consideration to the modeling conducted under division (F)(4)(b) of this section and other relevant information submitted by the applicant. (c) If the modeling conducted under division (F)(4)(b) of this section with respect to an application for a permit to install demonstrates that the maximum ground level concentration from a new or modified source will be greater than or equal to eighty per cent, but less than one hundred per cent of the maximum acceptable ground level concentration for an air contaminant, the director may establish terms and conditions in the permit to install for the air contaminant source that will require the owner or operator of the air contaminant source to maintain emissions of that air contaminant commensurate



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with the modeled level, which shall be expressed as allowable emissions per day. In order to calculate the allowable emissions per day, the director shall multiply the hourly emission rate modeled under division (F)(4)(b) of this section to determine the ground level concentration by the operating schedule that has been identified in the permit to install application. Terms and conditions imposed under division (F)(4)(c) of this section are not federally enforceable requirements and, if included in a Title V permit, shall be placed in the portion ofthe permit that is only enforceable by the state. (d) If the modeling conducted under division (F)(4)(b) of this section with respect to an application for a permit to install demonstrates that the maximum ground level concentration from a new or modified source will be less than eighty per cent of the maximum acceptable ground level concentration, the owner or operator of the source annually shall report to the director, on a form prescribed by the director, whether operations of the source are consistent with the information regarding the operations that was used to conduct the modeling with regard to the permit to install application. The annual report to the director shall be in lieu of an emission limit or other permit terms and conditions imposed pursuant to division (F)(4) of this section. The director may consider any significant departure from the operations of the source described in the permit to install application that results in greater emissions than the emissions rate modeled to determine the ground level concentration as a modification and require the owner or operator to submit a permit to install application for the increased emissions. The requirements established in division (F)(4)(d) of this section are not federally enforceable requirements and, if included in a Title V permit, shall be placed in the portion of the permit that is only enforceable by the state. (e) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics Emissions, Option A" shall not be included in the state implementation plan under section 110 of the federal Clean Air Act and do not apply to an air contaminant source that is subject to a maximum achievable control technology standard or residual risk standard under section 112 ofthe federal Clean Air Act, to a particular air contaminant identified under 40 C.F.R. 51.166, division (b)(23), for which the director has determined that the owner or operator of the source is required to install best available control technology for that particular air contaminant, or to a particular air contaminant for which the director has determined that the source is required to meet the lowest achievable emission rate, as defined in 40 C.F.R. part 51, Appendix S, for that particular air contaminant. (f)(i) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics Emissions, Option A" do not apply to parking lots, storage piles, storage tanks, transfer operations, grain silos, grain dryers, emergency generators, gasoline dispensing operations, air contaminant sources that emit air contaminants solely from the combustion of fossil fuels, or the emission of wood dust, sand, glass dust, coal dust, silica, and grain dust. (ii) Notwithstanding division (F)(4)(f)(i) of this section, the director may require an individual air contaminant source that is within one of the source categories identified in division (F)(4)(f)(i) of this section to submit information in an application for a permit to install a new or modified source in order to determine the source's conformity to the document if the director has information to conclude that the particular new or modified source will potentially cause an increase in ground level concentration beyond the facility's boundary that exceeds the maximum acceptable ground level concentration as set forth in the document. (iii) The director may 'adopt rules in accordance with Chapter 119. of the Revised Code that are



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consistent with the purposes of this chapter and that add to or delete from the source category exemptions established in division (F)(4)(f)(i) ofthis section. (5) Not later than one year after August 3, 2006, the director shall adopt rules in accordance with Chapter 119. of the Revised Code specifying activities that do not, by themselves, constitute beginning actual construction activities related to the installation or modification of an air contaminant source for which a permit to install is reqUired such as the grading and clearing of land, on-site storage of portable parts and equipment, and the construction of foundations or buildings that do not themselves emit air contaminants. The rules also shall allow specified initial activities that are part of the installation or modification of an air contaminant source, such as the installation of electrical and other utilities for the source, prior to issuance of a permit to install, prOVided that the owner or operator of the source has filed a complete application for a permit to install, the director or the director's designee has determined that the application is complete, and the owner or operator of the source has notified the directorthat this activity will be undertaken prior to the issuance of a permit to install. Any activity that is undertaken by the source under those rules shall be at the risk of the owner or operator. The rules shall not apply to activities that are precluded prior to permit issuance under section 111, section 112, Part C ofTitle I, and Part 0 ofTitle I of the federal Clean Air Act. (G) Adopt, modify, suspend, and rescind rules prohibiting the operation or other use of any new, modified, or existing air contaminant source unless an operating permit has been obtained from the director or the director's authorized representative, or the air contaminant source is being operated in compliance with the conditions of a variance issued pursuant to division (H) of this section. Applications for operating permits shall be accompanied by such plans, specifications, and other pertinent information as the director may require. Operating permits may be issued for a period determined by the director not to exceed ten years, are renewable, and are transferable. The director shall specify in each operating permit that the permit is conditioned upon payment of the applicable fees as required by section 3745.11 of the Revised Code and upon the right of the director's authorized representatives to enter upon the premises of the person to whom the permit has been issued, at any reasonable time and subject to safety requirements of the person in control of the premises, for the purpose of determining compliance with this chapter, the rules adopted thereunder, and the conditions of any permit, variance, or order issued thereunder. Operating permits may be denied or revoked for failure to comply with this chapter or the rules adopted thereunder. An operating permit shall be issued only upon a showing satisfactory to the director or the director's representative that the air contaminant source is being operated in compliance with applicable emission standards and other rules or upon submission of a schedule of compliance satisfactory to the director for a source that is not in compliance with all applicable requirements at the time of permit issuance, proVided that the compliance schedule shall be consistent with and at least as stringent as that contained in any judicial consent decree or administrative order to which the air contaminant source is subject. The rules shall provide for the issuance of conditional operating permits for such reasonable periods as the director may determine to allow the holder of an installation permit, who has constructed, installed, located, or modified a new air contaminant source in accordance with the provisions of an installation permit, to make adjustments or modifications necessary to enable the new air contaminant source to comply with applicable emission standards and other rules. Terms and conditions of operating permits issued pursuant to this division shall be federally enforceable for the purpose of establishing the potential to emit of a stationary source and shall be expressly designated as federally enforceable. Any such federally enforceable restrictions on a source's potential to emit shall include both an annual limit and a short-term limit of not more than thirty days for each pollutant to be restricted together with



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adequate methods for establishing compliance with the restrictions. In other respects, operating permits issued pursuant to this division are enforceable as state law only. No application shall be denied or permit revoked or modified without a written order stating the findings upon which denial, revocation, or modification is based. A copy of the order shall be sent to the applicant or permit holder by certified mail. (H) Adopt, modify, and rescind rules governing the issuance, revocation, modification, or denial of variances that authorize emissions in excess of the applicable emission standards.
No variance shall be issued except pursuant to those rules. The rules shall prescribe conditions and criteria in furtherance of the purposes of this chapter and consistent with the federal Clean Air Act governing eligibility for issuance of variances, which shall include all of the follOWing: (1) Provisions requiring consistency of emissions authorized by a variance with timely attainment and maintenance of ambient air quality standards; (2) Provisions prescribing the classes and categories of air contaminants and air contaminant sources for which variances may be issued; (3) Provisions defining the circumstances under which an applicant shall demonstrate that compliance with applicable emission standards is technically infeasible, economically unreasonable, or impossible because of conditions beyond the control of the applicant; (4) Other provisions prescribed In furtherance of the goals ofthis chapter.
The rules shall prohibit the issuance of variances from any emission limitation that was applicable to a source pursuant to an installation permit and shall prohibit issuance of variances that conflict with the federal Clean Air Act. Applications for variances shall be accompanied by such information as the director may require. In issuing variances, the director may order the person to whom a variance is issued to furnish plans and specifications and such other information and data, including interim reports, as the director may require and to proceed to take such action within such time as the director may determine to be appropriate and reasonable to prevent, control, or abate the person's existing emissions of air contaminants. The director shall specify in each variance that the variance is conditioned upon payment of the applicable fees as required by section 3745.11 of the Revised Code and upon the right of the director's authorized representatives to enter upon the premises of the person to whom the variance has been issued, at any reasonable time and subject to safety requirements of the person in control of the premises, for the purpose of determining compliance with this chapter, the rules adopted thereunder, and the conditions of any permit, variance, or order issued thereunder.
The director may hold a public hearing on an application for a variance or renewal thereof at a location in the county where the variance is sought. The director shall give not less than twenty days' notice of the hearing to the applicant by certified mail and cause at least one publication of notice in a newspaper with general circulation in the county where the variance is sought. The director shall keep available for public inspection at the principal office of the environmental protection agency a current schedule of pending applications for variances and a current schedule of pending variance hearings.



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The director shall make a complete stenographic record of testimony and other evidence submitted at the hearing. The director shall make a written determination to issue, renew, or deny the variance and shall enter the determination and the basis therefor into the record of the hearing. The director shall issue, renew, or deny an application for a variance or renewal thereof, or issue a proposed action upon the application pursuant to section 3745.07 of the Revised Code, within six months of the date upon which the director receives a complete application with all pertinent information and data required by the director. Any variance granted pursuant to rules adopted under this division shall be for a period specified by the director, not to exceed three years, and may be renewed from time to time on such terms and for such periods, not to exceed three years each, as the director determines to be appropriate. A variance may be revoked, or renewal denied, for failure to comply with conditions specified in the variance. No variance shall be issued, denied, revoked, or modified without a written order stating the findings upon which the issuance, denial, revocation, or modification is based. A copy of the order shall be sent to the applicant or variance holder by certified mail. (I) Require the owner or operator of an air contaminant source to install, employ, maintain, and operate such emissions, ambient air quality, meteorological, or other monitoring devices or methods as the director shall prescribe; to sample those emissions at such locations, at such intervals, and in such manner as the director prescribes; to maintain records and file periodic reports with the director containing information as to location, size, and height of emission outlets, rate, duration, and composition of emissions, and any other pertinent information the director prescribes; and to provide such written notice to other states as the director shall prescribe. In requiring monitoring deVices, records, and reports, the director, to the extent consistent with the federal Clean Air Act, shall give consideration to technical feasibility and economic reasonableness and allow reasonable time for compliance. For sources where a specific monitoring, record-keeping, or reporting requirement is specified for a particular air contaminant from a particular air contaminant source in an applicable regulation adopted by the United States environmental protection agency under the federal Clean Air Act or in an applicable rule adopted by the director, the director shall not impose an additional requirement in a permit that is a different monitoring, record-keeping, or reporting requirement other than the requirement specified in the applicable regulation or rule for that air contaminant except as otherwise agreed to by the owner or operator of the air contaminant source and the director. Iftwo or more regulations or rules impose different monitoring, record-keeping, or reporting requirements for the same air contaminant from the same air contaminant source, the director may impose permit terms and conditions that consolidate or streamline the monitoring, record-keeping, or reporting requirements in a manner that conforms with each applicable requirement. To the extent consistent with the federal Clean Air Act and except as otherwise agreed to by the owner or operator of an air contaminant source and the director, the director shall not require an operating restriction that has the practical effect of increasing the stringency of an existing applicable emission limitation or standard. (J) Establish, operate, and maintain monitoring stations and other devices designed to measure air pollution and enter into contracts with any public or private agency for the establishment, operation, or maintenance of such stations and devices; (K) By rule adopt procedures for giving reasonable public notice and conducting public hearings on any plans for the prevention, control, and abatement of air pollution that the director is required to submit to the federal government;



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(L) Through any employee, agent, or authorized representative of the director or the environmental protection agency, enter upon private or public property, including improvements thereon, at any reasonable time, to make inspections, take samples, conduct tests, and examine records or reports pertaining to any emission of air contaminants and any monitoring equipment or methods and to determine if there are any actual or potential emissions from such premises and, if so, to determine the sources, amounts, contents, and extent of those emissions, or to ascertain whether there is compliance with this chapter, any orders issued or rules adopted thereunder, or any other determination of the director. The director, at reasonable times, may have access to and copy any such records. If entry or inspection authorized by this division is refused, hindered, or thwarted, the director or the director's authorized representative may by affidavit apply for, and any judge of a court of record may issue, an appropriate inspection warrant necessary to achieve the purposes of this chapter within the court's territorial jurisdiction. (M) Accept and administer gifts or grants from the federal government and from any other source, public or private, for carrying out any of the functions under this chapter; (N) Obtain necessary scientific, technical, and laboratory services; (0) Establish adVisory boards in accordance with section 121.13 of the Revised Code; (P) Delegate to any city or general health district or political subdivision of the state any of the director's enforcement and monitoring powers and duties, other than rule-making powers, as the director elects to delegate, and in addition employ, compensate, and prescribe the powers and duties of such officers, employees, and consultants as are necessary to enable the director to exercise the authority and perform duties imposed upon the director by law. Technical and other services shall be performed, insofar as practical, by personnel ofthe environmental protection agency. {Q) Certify to the government of the United States or any agency thereof that an industrial air pollution facility is in conformity with the state program or requirements for control of air pollution whenever such certificate is required for a taxpayer pursuant to any federal law or requirements; (R) Issue, modify, or revoke orders requiring abatement of or prohibiting emissions that violate applicable emission standards or other requirements of this chapter and rules adopted thereunder, or requiring emission control devices or measures in order to comply with applicable emission standards or other requirements of this chapter and rules adopted thereunder. Any such order shall require compliance with applicable emission standards by a specified date and shall not conflict with any requirement of the federal Clean Air Act. In the making of such orders, the director, to the extent consistent with the federal Clean Air Act, shall give consideration to, and base the determination on, evidence relating to the technical feasibility and economic reasonableness of compliance with such orders and their relation to benefits to the people of the state to be derived from such compliance. If, under the federal Clean Air Act, any such order shall prOVide for the posting of a bond or surety to secure compliance with the order as a condition of issuance of the order, the order shall so prOVide, but only to the extent required by the federal Clean Air Act. (S) To the extent proVided by the federal Clean Air Act, adopt, modify, and rescind rules proViding for the administrative assessment and collection of monetary penalties, not in excess of those required pursuant to the federal Clean Air Act, for failure to comply with any emission limitation or standard,



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compliance schedule, or other requirement of any rule, order, permit, or variance issued or adopted under this chapter or required under the applicable implementation plan whether or not the source is subject to a federal or state consent decree. The director may require the submission of compliance schedules, calculations of penalties for noncompliance, and related information. Any orders, payments, sanctions, or other requirements imposed pursuant to rules adopted under this division shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall not affect any civil or criminal enforcement proceedings brought under any provision of this chapter or any other provision of state or local law. This division does not apply to any requirement of this chapter regarding the prevention or abatement of odors. (T) Require new or modified air contaminant sources to install best available technology, but only in accordance with this division. With respect to permits issued pursuant to division (F) of this section beginning three years after August 3, 2006, best available technology for air contaminant sources and air contaminants emitted by those sources that are subject to standards adopted under section 112, Part C of Title I, and Part 0 of Title I of the federal Clean Air Act shall be eqUivalent to and no more stringent than those standards. For an air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act, best available technology only shall be required to the extent required by rules adopted under Chapter 119. of the Revised Code for permit to install applications filed three or more years after August 3, 2006.
Best available technology requirements established in rules adopted under this division shall be expressed only in one of the follOWing ways that is most appropriate for the applicable source or source categories: (1) Work practices; (2) Source design characteristics or design efficiency of applicable air contaminant control devices; (3) Raw material specifications or throughput limitations averaged over a twelve-month rolling period; (4) Monthly allowable emissions averaged over a twelve-month rolling period.
Best available technology requirements shall not apply to an air contaminant source that has the potential to emit, taking into account air pollution controls installed on the source, less than ten tons per year of emissions of an air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act. In addition, best available technology requirements established in rules adopted under this division shall not apply to any existing, new, or modified air contaminant source that is subject to a plant-wide applicability limit that has been approved by the director. Further, best available technology requirements established in rules adopted under this division shall not apply to general permits issued prior to January 1, 2006, under rules adopted under this chapter.
For permits to install Issued three or more years after August 3, 2006, any new or modified air contaminant source that has the potential to emit, taking Into account air pollution controls installed on the source, ten or more tons per year of volatile organic compounds or nitrogen oxides shall meet, at a minimum, the requirements of any applicable reasonably available control technology rule in effect as of January 1, 2006, regardless of the location of the source.



### http://codes.ohio.gov/orc/3704.03 3/17/2008

### Lawriter

- ORC

- 3704.03 Directorofenvironmentalprotection

-powers andduties. Page 10 of10

(U) Consistent with section 507 of the federal Clean Air Act, adopt, modify, suspend, and rescind rules for the establishment of a small business stationary source technical and environmental compliance assistance program as prOVided in section 3704.18 of the Revised Code; (V) Provide for emissions trading, marketable permits, auctions of emission rights, and economic incentives that would reduce the cost or increase the efficiency of achieving a specified level of environmental protection; (W) Provide for the construction of an air contaminant source prior to obtaining a permit to install pursuant to division (F) of this section if the applicant demonstrates that the source will be installed to comply with all applicable emission limits and will not adversely affect public health or safety or the environment and if the director determines that such an action will avoid an unreasonable hardship on the owner or operator of the source. Any such determination shall be consistent with the federal Clean Air Act. (X) Exercise all incidental powers, including adoption of rules, reqUired to carry out this chapter.
The environmental protection agency shall develop a plan to control air pollution resulting from stateoperated facilities and property. Effective Date: 10-29-1993; 08-03-2006; 2007 HB1l9 06-30-2007



### http://codes.ohio.gov/orc/3704.03 3/17/2008