STREET ADDRESS:

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 of Ohio 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 of emissions of organic materials from stationary 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, 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 of Title V

permits that include sources regulated by the existing SIP rule, we are requesting that you

give priority to your action on this SIP submission.

In February of 2008, new OAC Rule 3745-21-07 became a final effective rule in Ohio. The

new rule maintains volatile organic compound ("VOC") controls on sources that had

controls at the time the rule became effective, and eliminates many short-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, or the applicability of other OAC VOC rules; therefore, approval

of this SIP revision will not violate the Savings Clause in the CAA because all new sources

will continue to be subject to new source review requirements after the existing (old) OAC

Rule 3745-21-07 is replaced in the SIP by new OAC 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3745-21-07, which is currently part of the SIP, contains many outdated and burdensome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 request for your consideration, per the requirements of 40 CFR Part 51 , 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 Opportunity Employer
Ms. Mary Gade

Request for Approval of SIP Submittal

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 or final issuance as

well as the effective date of the plan, if different from 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 into the plan, including indication of the changes made to

the existing approved plan, where applicable. The submittal shall be a copy of the

official State regulation /document signed, stamped, dated by the appropriate State

official indicating that it is fully enforceable by the State. The effective date of the

regulation/document shall, whenever possible, be indicated in the document itself."

A certified copy of the 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 by the appropriate State official indicating that it is fully enforceable by

the State. The effective date of the regulation/document is indicated in the document itself.

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 of the proposed change consistent with 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)

"Evidence that the State has the necessary legal authority under State law to adopt

and implement the plan."
Ms. Mary Gade

Request for Approval of SIP Submittal

3

A copy of Ohio Revised Code ("ORC") 3704.02(A)(2) and 3704.03(A), (E), and (F) has

been included as evidence that the State has the necessary legal authority under State 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 of the procedural requirements of the 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 SIP
Ms. Mary Gade

Request for Approval of SIP Submittal

4

We would greatly appreciate U.S. EPA's expedited review and approval of this SIP

submission. Please contact Bob Hodanbosi if you have any questions about this submittal.

Sincerely,

c22.

Chris Korleski

Director

xc: Bob Hodanbosi, Chief Division of Air Pollution Control

Jim Orlemann, DAPC

Attachment
Article I

Certified Copy of Rules
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. or 3745-21-18 of the Administrative 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 of rule 3745-21-01 of the Administrative

Code entitled "Incorporation by Reference. "]

CA) Amlicability.

(1) RESERVED

(2) RESERVED

(3) The reQuirements of this 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) of this 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 of the Administrative Code. Any owner or operator of any

subject source or operation sPecified in paragraphs (K) to (N) of this 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 void upon the

effective date ofthis rule.

[Comment: As examples of the applicability of this paragraph. if a

permit-to-install. a permit-by-rule. a permit-to-operate. or a Title V permit has

been issued prior to 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 of this rule.

The associated reQuirements covered by this comment shall include: (a) any

reQuirement that prohibits the use of photochemically 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 or document materials as bein~ photochemically reactive materials:

and (d) any recordkeepin~and reportin~ reQuirements related to reQuirements

["'f/eshee': ru/e.xsl 2.14. authori"g tool: i4i 1.01 May 21.2003. «iv: 380. p: 3005;. pa: 45136. rae 146618. d: 168544)] print date: OliOS/lOll8 llS:08 AM
3745-21-07 2

referred to in (a). (b) or (c) ofthis cOmment.

All other permit conditions. includin~ anDual emission or material usage

limitations (tons per year. gallons per day or month or year. vac per gallon.

etc.) and all other recordkecming and reporting requirements associated with

those permit conditions remain in effect.]

(5) The requirements of this rule shall not awly to any source. including any new

source as dermed in rule 3745-15-01 of the Administrative Code. for which

installation cOmmenced after the effective date ofthis rule.

(6) For any source or operation specified in paramphs (K) to eN) ofthis rule that is .

subject to 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 of Air Pollutant Emission Factors. Volume 1;

Stationary Point and Area 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) of this rule shall take precedence over the

use of an emission factor approved by the USEPA or the use of emission test

data from similar sources or operations.

(B) RESERVED

(C) RESERVED

(D) RESERVED

(E) RESERVED

(F) RESERVED

(0) RESERVED
3745-21-07

(H) RESERVED

0) RESERVED

(D RESERVED

3

(K) Facility-specific control requirements for stora~e tanks (stationarY tank. reservoir. or

other container):

(1) The owner or o.perator. or any subsequent owner or o.perator of each storage

tank identified in this paragraph. shall comply with the control requirements

specified in paragraph (K)(2) ofthis rule:

(K)(l) Emissions Units

Owner or Operator Facility ID Emissions Unit ill

The Glidden Company 0322000043 T009. T025 - T029. T042. T044.

T045. T049.T052. T053. T063-

T067. T074.T076

Marathon Ashland 1318082830 T004

Petroleum. LLC

(2) No Person shall place. store or hold in any stora~e 1:mJk identified in paragraph

(K)(l) ofthis rule. any liquid organic material that has a vapor pressure of 1.5

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 shall be equipped with a floating pontoon or double-deck

type cover that includes closure seals to enclose any space between the

cover's ed~e and the compartment wall. This control requirement shall

not be permitted if the liquid organic material in the tank has a vapor

pressure of 12.5 pounds per square inch absolute or greater under actual

storage conditions. All tank ~auging or sampling devices shall be gas

tight exce.pt when tank gaugin~ or sampling is taking place.

(b) The storage tank shall be equipped with a vapor recoyexy system or

control system that reduces the emission of organic 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 taking place.

(3) The owner or o.perator. or any subsequent owner or operator of each storage

tank (stationary storage vessel) identified in this paragraph. shall comply with
3745-21-07

the control reQuirements specified in para~aph (K)(4) ofthis rule:

(K)(3) Emissions Units

4

Owner or Operator Facility ID Emissions Unit ID

Newark Air Force Base/AGMC 0145020224 T012. T013

The Lubrizol Corporation. 0243150025 T224. T225

Wickliffe Facility

Veolia Environmental Services. 0857751346 P006. TOOL T005-T007.

LLC T017-T026. T040-T042.

T044-T049. T051-T065.

T068

GE Li~htin~. Ivanhoe Road 1318000156 T012. T013

Clorox Co. 1318000864 T012

Buckeye Terminals. LLC. 1318002740 TOIL T012

Cleveland Plant

Tremco. Inc. 1318002813 T021. T023. T036-T041

Hukill Chemical Coworation 1318030172 T062-T070. TOn-T081.

T083. T089-T093.

T095-T097. T100

Marathon Ashland Petroleum 1318082830 T004.T018

Coworation

Glastic Coworation. Cleveland 1318544510 IOO2

Facility

Strongsville Expressmart 1318554294

(4) No person shall place. store or hold in any storage tank identified in paragraph

(K)(3) ofthis rule. any liQuid or~anic material that has a vapor pressure of 1.5

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 of a portable loadin& tube which can be inserted

below the liQuid level line during loading operations. or is fitted with a vapor

recovety system as described in paragraph (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 of each oil-water

se.parator identified in this paragraph. shall comply with the control

requirements specified in Paramph (L)(2) ofthis rule:

(L)(1) Emissions Units

Owner or Operator Facility ill Emissions Unit ID

Marathon Ashland 0125040071 P002

Petroleum. LLC

(2) No person shall use any oil-water separator identified in paragraph (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 with one ofthe 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.pt when gaugin~ or sampling is taking place.

(b) The oil-water separator shall be equipped with a floatin~ pontoon or

double-deck type cover that includes closure seals to enclose any Sllace

between the cover's edge and compartment wall. All ~auiPng and

sampling devices shall be ~as tight except when ~auiPng or sampling is

taking place.

(c) The oil-water separator shall be equipped with a vapor recoverY system

that reduces the emission of organic compounds into the atmosphere by

at least ninety per cent by weight. All gauging and sampling devices

shall be gas tight except when gauging or samplin~ is taking place.

eM) Facility-specific and general control requirements for emissions from operations

using liquid organic materials:

(1) The owner or qperator. or any subsequent owner or operator of each article.

machine. eQYipment or other contrivance identified in this paragraph. shall

comply with the control requirements specified in paragraph (M)(2) of this

rule.

eM)(1) Emissions Units

Owner or Operator Facility ID Emissions Unit ill

TS Trim Industries. Inc. 0125031840 R019-R021. R024. R025
3745-21-07 6

Akzo Nobel 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

Core Molding Technologies. Inc. 0125041046 P007

Safety-Kleen CoW. - Hebron 0145020235 POOl-POll. POB. P016

Recycle Center

Stanley Electric US Company 0149000089 R022. R023

Plastech Engineered Products. 0204000060 POlO. R129-R136

Inc.

Iten Industries. Inc.. Plant 1 0204010112 P003

Pinney Dock and Tranmort Co. 0204010172 POOl

Clean Harbors PPM. LLC 0204010288 P003-P005.LOO4-L006

Waste Technologies Industries. 0215020233 T008.T009. T012. T018.T019.

Inc. T022-T024. T027-T029. T032.

T033. T036-T038. T042-T045.

T048.T050. T053.T062. T063

Structural North America 0228000101 P004.P005. P007-P009. POll

Kraftmaid CabinetIy. Inc.. 0228000186 K001-K019

Middlefield #1

Ohio Sealants 0243081155 P001-P003.P012.P015

Chern Development 0243081245 K001

PFFIMFD/STD ofAvety 0243110099 P071 (distillation unit emissions

Dennison only)

The Lubrizol Corporation. 0243150025 POll. P012

Wickliffe Facility

GE Quartz. Inc.. Willoughby 0243160086 P016

Plant

Noveon. Inc. 0247030004 P007.P008.P020.P026
3745-21-07 7

DeiWssa Initiators. LLC 0247040079 POO1. P006. PO10

Cantar/Polyair Com. 0250110960 POOL P002'

Roemer Industries. Inc. 0278000728 POOl

Peerless -Winsmith. Inc. 0278080251 POOl

A.R.E. Inc.. Mt. Eaton Facility 0285000291 R004-R007. R012-R014. R016

The Glidden Company 0322000043 P007-P022

Guardian Manufacturing 0339030016 POO1. P002. P004

Union Tank Car Company 0351010025 P002

Eaton INOAC. Co. 0372030199 P008.P019. R009.R011. R018

Continental Structural Plastics 0387000042 R012-R015

Nomlas Industries. Inc. 0387000362 ROO1

Continental Structural Plastics 0388000002 R009

Manufacturers Enameling 0448010240 KOOL K002. KOll-K014.

Comoration K021-K023

Tembec BTLSR. Inc. 0448010370 P001-P003

Decorative Panels International. 0448011193 K001

Inc.

Thermoseal. Inc. 0575010161 P001-P005. P008. P009. POll.

P012.P015

LESCO.Inc. 0607090125 F005-F007

Plastech Engineered Products. 0630000007 P007,R016.RQ18.R019.R021

Inc.

Merillat Industries. Inc. 0640010020 K002. K003. R007

Mill's Pride. Inc. 0666010033 KOOL R001-R004. ROIL ROB

Kraton Polymers U.S.. LLC 0684010011 P004 (wet end only). P006 (wet

end only). P007 (wet end only).

PO10 (wet end 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

Florida Production Engineerin~ 0819100218 K001

Troy Laminating and Coating, 0855140077 P009, POlO, P014

Inc.

Delphi Chassis Systems, 0857040018 P094. P104. P116

Needmore Operations

Dupont Electronic Polymers, LP 0857040727 P025,P027

Delphi Chassis Systems, Home 0857040931 K017

Avenue

Pitney Bowes 0857090717 P024.P030.P031

Eurand 0857171794 POOL POO8. P012-P015. P017.

P019,P020

Veolia Environmental Services, 0857751346 P007-P009

LLC

Neaton Auto Products 0868030155 K016

Manufacturing, Inc.

Rohm and Haas Chemicals. LLC 0868090072 P505-P511.P520.P521,P524

Day-Glo Color COW. 1318006552 P021

The Chemical Solvents. Inc. 1318007651 P009

Ineos ABS Corporation 1431010054 P001,P021,P022,P042,P047,

P048

H.B. Fuller Company 1431052206 P003-P008

Givaudan Flavors COI;poration 1431070914 P020

Queen City Barrel Company 1431070953 NOOL P012

Richard Miller Water Treatment 1431072596 N004. N005

Plant

Sprin~ Grove Resource Recovety 1431072600 JOOL T008-T01l. P016
3745-21-07 9

Environmental Entemrises 1431072690 P002

Ruetgers Organics Corporation 1431111828 POll. POI2. P024-P028. P80l.

P803

Owens Corning Trumbull 1431302438 POOI-P003

PMC Specialties. Inc. 1431390137 P006.P008. POlO. POll. POI4.

P022.P901

St. Bemar~ Soap ComPany 1431394137 POOL P104-P107

Alex Fries and Bros.. Inc. 1431423764 P002.P003

CDR Pigments and Dispersions 1431483219 POOI-P005

Blackhawk Automotive Plastics. 1483090101 R031. R032

Inc.

A.R.E.. Inc.. Massilon 1576131793 KOOI-K004. Pool-P003. POlO.

PO11. TOO1. T002

Schneller. Inc. 1667040015 K005

Emerald Polymer Additives. LLC 1677010029 P007

PPG Industries. Barberton Plant 1677020009 P098.P099.PII0.PI14

(2) Each article. machine. eQuipment or other contrivance identified in paragraph

(M)(I) of this 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. egyipment or other contrivance by an overall control efficiency of at

least eighty-five per cent. by weight. If the reductions are achieved by

incineration. ninety per cent or more of the carbon in the organic material

being incinerated shall be oxidized to carbon dioxide.

(3) Other operations using liQuid organic materials.

(a) Any article. machine. egyipment or other contrivance that meets all ofthe

following conditions shall comply with the control reQuirements

specified in paragraph (M)(2) ofthis rule:

0) Is an existing source located within a "Priority I" county. as

identified in rule 3745-21-06 of the Administrative Code. or a

new source. as dermed in rule 3745-15-01 of the Administrative

Code. regardless oflocation.
3745-21-07 10

(ii) Commenced installation prior to the effective date 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 of the conditions specified under paragraph

(M)(3)(c) ofthis rule.

(viii) Is not specified in (M)(3)(d) ofthis rule.

(iA) Is not fuel burnin~ eQuipment. as defined in paramph (B)(5) of

rule 3745-17-01 ofthe Administrative Code.

(b) The owner or operator of any article. machine. eQUipment. or other

contrivance meetin~ the specifications of paragraph (M)(3)(a) of this

rule. and not specified in paragraph (11)(1) of this rule. shall notify

Ohio environmental protection a~ency of the need to be s.pecified in

paramph (11)(1) of this rule. Such notification shall be submitted

within ninety days after the 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

installation after the effective date ofthis rule.

(ii) The uncontrolled potential 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 of an article. machine. eQuipment or other contrivance
3745-21-07 11

to emit organic compounds. includin~ restrictions on the hours of

operation or on the type or amount of material processed. but not

including restrictions pertaining to air pollution control

eQuipment. shall be treated as part of its physical and operational

design if the limitation or the effect it would have on organic

compound emissions is federally enforceable or lelially and

practicably enforceable by the state.

(iii) The article. machine. eQuipment or other contrivance is subject to

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 for orlianic compound or VOC emissions that is

mater than eighty-five per cent. by weight.

(v) The article. machine. eQJlipment or other contrivance is subject to

and complying with paragraph (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 :mecifies the 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 of less than twenty parts per million. by volume.

<.by basis for organic compound or VOC emissions (a heatset web

offset printin~ line is an offset lithofUaphic printing line in which

the substrate is continuously fed from a roll and a heated oven is

used to dIy the printing inks).

(vii) The article. machine. equipment or other contrivance is regulated

by and complying with Chapter 3745-76 of the 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) ofthis rule:

(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 requirement pursuant to 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

incinerator that maintains an overall control efficiency of at 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 controlled by meanS of a packed bed

scrubber and biofiltration system that maintain an overall control

efficiency of at least eighty per cent. by weifWt in accordance

with permit-to-install 02-13356.

(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 of a packed bed

scrubber that limits emissions to 0.04 pounds per hour. in

accordance with permit-to-install 03-5696.

(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 specified below:

Ca) For emissions unit P103. eight pounds per hour and forty

pounds per day:

(0) For emissions unit P106. 6.5 pounds per hour and 32.3 pounds

per day. in accordance with permit-to-install 01-05683:

(~) For emissions unit P107. 6.5 pounds per hour and 32.3 pounds

per day. in accordance with permit-to-install 01-05683:

Cd) For emissions unit P113. eight pounds per hour and forty

pounds per day:

(~) For emissions unit P114. eight pounds per hour and forty

pounds per day:

(j) For emissions unit P115. 7.3 pounds per hour and 32.3 pounds

per day. in accordance with permit-to-install 01-08402:
3745-21-07 13

(g) For emissions unit Pl16. 6.5 pounds per hour and 32.3 pounds

per day. in accordance with permit-to-install 01-05683:

(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) For emissions unit P125. 7.8 pounds per hour and 39.0 pounds

per day. in accordance with permit-to-install 01-06303: 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 unit R201 at "Honda MaIYsville 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~ of plastic

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

controlled and limited as follows:

(a) For emissions unit P087. use of a wet scrubber only when the

binder system employs triethylamine to complete the

reaction. 1.82 pounds per hour of stack emissions. 0.008

pounds per hour of fugitive emissions. and 40.0 pounds per

day of stack and fugitive emissions combined. in

accordance with permit-to-install 05-12593: and

0) For emissions unit P097. 8 pounds per hour. and 40 pounds

per day. in accordance with permit-to-install 05-14422.

(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

accordance with permit-to-install 08-04088:

(a) The capture system has a capture efficiency of at least eighty
3745-21-07 14

per cent (by weight for orf:anic compound emissions) and is

vented to the thermal oxidizer; and

(0) The thermal oxidizer is qperating with a destruction 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 limited to less than forty pounds per day and are controlled by

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 of the "Coqper Standard Automotive.

LLC" facility located at "1175 North Main Street. Bowling Green.

Ohio" shall not cause. allow or permit the discharf:e into the ambient air

of any 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 of the adhesive or

other coating employed within said flock line does not exceed 2.6

pounds of VOC 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 not cause. allow or permit the discharge into the ambient air

of any VOC from the windshield glass system coating qperation

(emissions unit K031 in accordance with permit-to-install 08-03719)

unless each coating employed in said coating operation has a maximum

VOC content. as applied. that does not exceed the following. in

accordance with permit-to-install 08-3719:

(i) 7.3 pounds of VOC per gallon of coating. excluding water and

exempt solvents. for the clear prime;

(m 5.1 pounds of VOC per gallon of coating. excluding water and

exempt solvents. for the black prime; and

(iii) 0.08 pound of VOC per f:allon of coating. excludinf: water and
3745-21=07 15

exempt solvents. for the urethane sealer.

(g) Except as provided in parajUaphs (M)(3)(h) and (M)(5) of this rule. this

parawph applies to all existing sources located within a "Priority I"

county. as identified in rule 3745-21-06 of the 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 of each 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 been reduced by at 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 being 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

sandwiched between top and bottom 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 or permit the discharge into the

ambient air of Orl:anic compounds or VOC from sheet mold compound

machine number 2 (emissions unit P027) unless all of the followinl:

reQuirements are met. in accordance with permit-to-install 02-18224:

(i) Organic compound emissions shall not exceed 61.20 pounds per day

from production operations:

(ii) The resin delivety system to the doctor box on each SMC

manufacturing machine must be closed or covered (the doctor box

itselfmay be ewen):

(iii) A nylon containing film must be used to enclose the sheet molding

compound: and

(iv) The use of materials containing VOC is prohibited in cleanup and

(4) Except as provided in paragraph 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 defined in

rule 3745-15-01 ofthe Administrative Code. regardless oflocation. for which
3745-21-07 16

installation commenced prior to the effective date of this 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 contact with flame or

is baked. heat-cured. or heat-polymerized. in the presence of oxygen. and is

not specified in paraf:Taph (M)(1) of this 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 per cent. by weight. If the

reductions are achieved by incineration. ninety per cent or more ofthe carbon

in the organic material bein~ incinerated shall be oxidized to carbon dioxide,

(5) Exemptions,

(a) The provisions of paraifilph (M)(2) ofthis rule shall not apply to the use

of any cleanyp material in any article. machine. equipment. or other

contrivance described in paraifilph (M)(2) ofthis rule.

(b) The provisions of Paragraphs (M)(2). (M)(3)(a) and (M)(4) of this 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) ofthis rule ifthe emission is not a VOC.

(e) The provisions of paragraph (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. of liquid 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 exPosed to temperatures

exceedin~ two hundred twenty degrees Fahrenheit.

(d) The provisions ofparaf:Taph (M)(4) ofthis rule shall not apply if:

(i) The volatile content ofthe material described in paraifilph (M)(4) of

this rule consists only of water and liQllid organic material. and

the liquid organic material comprises not more than twenty per

cent. by volume. ofsaid volatile content: or

(ii) The volatile content of the material described in paragraph (M)(4)

of this rule does not exceed twenty per cent by volume of said

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) of this rule shall not apply if all 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

requirement or emission limitation that is either less stringent than

or inconsistent with the requirements of paragraph (M) of this

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 determination must comply with section 193

ofthe Clean Air Act amendments of 1990. general savin&s clause.

(ii) The USEPA has informed the Ohio environmental protection

a&ency. in writin~. prior to the issuance of a final permit-to-install

for the article. machine. eQuipment or other contrivance. that the

USEPA has no objection to the issuance of the [mal permit and

the control requirement or emission limitation specified therein.

(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. The permit-to-install shall contain terms

and conditions that are consistent with the approval fU8.D.ted by

the USEPA pursuant to paragraph (M)(5)(e)(ii) of this rule. and

that specify the control requirement or emission limitation that is

the basis for the director's best available 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 a manner that makes the control requirement

or emission limitation federally enforceable.

(D The provisions of paragraph eM) of this rule shall not apply to the

emissions resulting from the use of any liquid organic materials in any

article. machine. equipment or other contrivance if those emissions are

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 ofthe Administrative Code.

(~) The provisions of paramphs (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

hundred tons oforganic compounds per calendar year.
3745-21-07 18

(h) The provisions of para~aph (M)(3)(g) of this rule shall not apply to any

sheet molding compound manufacturing operation (machine) in which

all ofthe following requirements are met:

(i) The resin deliveor system to the doctor box on the sheet moldin~

compound manufacturing machine must be closed or covered (the

doctor box itselfmay be <men). A doctor box is defmed as the box

or trou~ on a sheet moldin~ compound manufacturin~ machine

into which the ligyid resin paste is delivered before it is metered

onto the carrier film.

(ii) A nylon containing film must be used to enclose the sheet molding

compound.

(N) Facility-specific control requirements for waste gas flare systems:

(l) The owner or operator. or any subsequent owner or operator. of each waste gas

flare system identified in this para~aph shall comply with the control

requirements specified in paragraph (N)(2) ofthis rule:

(N)(l) Emissions Units

Owner or Operator Facility ID Emissions Unit ID

City ofUrbana 0511010123 POOl

CECOS International 1413000186 POOl

(2) The waste ~as flare system identified in para~aph (N)(l) of thiS 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 compound emissions.
3745-21-07

Replaces:

Effective:

R.c. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

02/08/2008

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

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 BE RESCINDED

Control of emissions of organic materials from stationary

sources.

(1) Except as provided in paragraph (A)(2) ofthis rule, the requirements ofthis rule

are applicable to all existing stationary sources located within a "Priority I"

county as indicated in paragraph (A) ofrule 3745-21-06 ofthe Administrative

Code and to all new stationary sources regardless oflocation.

(2) The requirements ofthis rule shall not apply to the following sources:

(a) Sources which are in compliance with or specifically exempted from the

applicable requirements 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

operator ofsaid 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 of rule 3745-21-07 of the Administrative

Code would conflict with the achievement of compliance with the

applicable requirements ofrule 3745-21-09 ofthe Administrative

Code.

(c) Sources which are located in Darke, Fairfield, Madison, Perry, Pickaway,

Preble and Union counties and which are located at a facility having the

potential to emit not more than one hundred tons of organic compounds

per calendar year.

(B) Except as otherwise provided in this rule, all new stationary emission sources of

photochemically reactive materials shall minimize such emissions by use of the

latest available control techniques and operating practices in accordance with best

current technology.

(C) Nothing in this rule shall be construed to preclude the use of alternative means to

abate emissions, ifsuch alternative is approved by the director and will not result in

[style...he./: ru/e.xsll.14. p: 30057. po: 45136. 1'0: 146627. d: 156155}] print date: 03/17/2008 02:21 PM
3745-21-07 TO BE RESCINDED 2

emissions significantly greater than would result from the application ofthe means

specified herein.

(D) Storage ofvolatile photochemically reactive materials:

(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 or double-deck type cover equipped 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 vapor pressure of 12.5 pounds

per square inch absolute or greater under actual storage conditions. All

tank gauging or sampling devices shall be gas-tight except when tank

gauging or sampling is taking place; or

(b) A vapor recovery system which reduces the emission of organic 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 sampling is taking place; or

(c) Other equipment or means of air pollution control as may be approved by

the director.

(2) No person shall place, store, or hold in any stationary storage vessel of more

than five hundred gallons capacity any volatile photochemically reactive

material unless such vessel is equipped with a permanent submerged fill pipe,

is loaded through the use of a 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) of this rule or is fitted with a vapor recovery

system as described in paragraph (D)(l)(b) ofthis rule.

(E) Volatile photochemically reactive materials loading facilities:

(1) No person shall load in anyone day more than forty thousand gallons of any

volatile photochemically reactive material into any tank truck, trailer, or

railroad tank car from any loading facility unless the loading facility is
3745-21-07 TO BE RESCINDED 3

equipped with a vapor collection and disposal system properly installed, in

good working order, in operation, and consisting of one ofthe following:

(a) An adsorber system or condensation system which processes and recovers

at least ninety per cent by weight of all vapors and gases from the

equipment being controlled; or

(b) A vapor handling system which directs all vapors to a fuel gas system; or

(c) Other equipment or means for purposes of air pollution control as may be

acceptable to and approved by the director.

(2) All loading from facilities subject to the provisions of paragraphs (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

before the loading device is 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

photochemically reactive material unless such compartment is equipped with one of

the following vapor loss control devices, properly installed, in good working order

and in operation:

(1) A solid cover with all openings sealed and totally enclosing the liquid contents

of the compartment. All gauging and sampling devices shall be gas-tight

except when gauging or sampling is taking place; 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

sampling is taking place; or

(3) A vapor recovery system which reduces the emission of organic 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

taking place; or

(4) Other equipment or means of air pollution control as may be approved by the

director.
3745-21-07 TO BE RESCINDED 4

(G) Operations using liquid organic material:

(1) A person shall not discharge more than fifteen pounds of organic 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-five per cent.

(2) A person shall not discharge more than forty pounds oforganic material into the

atmosphere in anyone day, nor more than eight pounds in anyone hour, from

any article, machine, equipment, or other contrivance used under conditions

other than 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

been reduced by at least eighty-five per cent.

(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) of this 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) of this

rule, said portions shall be collectively subject to 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

other contrivance described in paragraph (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 other contrivance for determining compliance

with this rule.

(5) Emissions of organic materials to the atmosphere resulting from air or heated

drying of products 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 included with other emissions of

organic materials from that article, machine, equipment, or other contrivance,

for determining compliance with this rule.
3745-21-07 TO BE RESCINDED 5

(6) Emission of organic materials into the atmosphere required to be controlled by

paragraph (G)(l), (G)(2), or (G)(3) ofthis rule, shall be reduced by:

(a) Incineration, provided that ninety per cent or more of the carbon in the

organic material being incinerated is oxidized to carbon dioxide, or

(b) Adsorption, or

(c) Processing in a manner determined by the director to be not less effective

than the methods specified in paragraph (G)(6)(a) or (G)(6)(b) of this

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

air pollution control.

(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

solvent used.

(9) The provisions ofparagraph (G) ofthis rule shall not apply to:

(a) The use of equipment for which other requirements are specified by

paragraphs (D), (E), and (F) of this rule, or which are exempt from air

pollution control requirements by said paragraph.

(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

this rule, if:

(i) The volatile content of such material consists only of water and

liquid organic material, and
3745-21-07 TO BE RESCINDED 6

(ii) The liquid organic material comprises not more than twenty per cent

ofsllid volatile content, and

(iii) The volatile content is not a photochemically reactive 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

cent by volume ofsaid material, and

(ii) The volatile content is not a photochemically reactive material.

(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 equivalent vapor pressure, unless such liquid organic material

is exposed to temperatures exceeding 220 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, if it can be demonstrated to the director's satisfaction that the

emissions of organic materials into the atmosphere from such article,

machine, equipment, or other contrivance are not photochemically

reactive.

(g) Any emissions unit that is a new source, as defined by rule 3745-31-01 of

the Administrative Code, and meets 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 that is either less stringent than or inconsistent with the

requirements of paragraph (g) of this rule. Best available

technology shall be defined in accordance with division (f) of

section 3704.01 of the Revised Code and, for purposes of this

paragraph, shall provide, where an emission limitation is

applicable, the lowest emission limitation that the emissions unit

is capable of meeting by the application of control technology

that is reasonably available considering technological and
3745-21-07 TO BE RESCINDED 7

economic feasibility. Also, for an emissions unit located within an

ozone nonattainment area, the best available technology

determination must comply with section 193 (General Savings

Clause) ofthe Clean Air Act Amendments of 1990.

(ii) The U.S. environmental protection agency has informed the Ohio

EPA, in writing, prior to the issuance of a 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 limitation specified therein.

(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 requirement or emission limitation that is the basis for

the director's best available technology determination for the

emissions unit, as described in paragraph (G)(9)(g)(i) ofthis rule,

and the permit to install shall be issued by the Ohio EPA in a

manner that makes the control requirement or emission limitation

federally enforceable.

(h) The use of a 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 least ninety-eight per cent, by weight, ofthe

catalyst gas emissions or a control device that is designed and operated

with an equivalent removal efficiency for the catalyst gas emissions. (In

a phenolic urethane cold box resin binder system, sand is mixed with a

two-part liquid urethane resin binder, and a catalyst gas is blown into

the resin-coated sand to cause hardening.)

(i) The use of a 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 resin binder and a liquid catalyst, which regulates the speed of

the resin curing reaction.)

(H) (Reserved)

(I) Disposal and evaporation ofsolvents:

A person shall not, during anyone day, dispose of a total of more 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 of any volatile photochemically reactive material,

by any means which will permit the evaporation of such volatile photochemically

reactive material into the 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

greater in a direct-flame afterburner or equally effective control equipment as

may be approved by the 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

equally effective control equipment as approved by the director.

(3) The provisions of paragraphs (1)(1) and (1)(2) of this rule shall not apply to

emissions from emergency relief and vapor blowdown systems. Emissions

from emergency relief and vapor blowdown systems shall be controlled upon

special order of the director by burning by smokeless flare, or equally

effective control equipment as may be approved by the director.
3745-21-07

Effective:

R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY

Certification

02/08/2008

Date

Promulgated Under:

Statutory Authority:

Rule Amplifies:

Prior Effective Dates:

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

ENlEN1BRI\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 Matter of:

FINDINGS AND ORDERS

The Rescission of existing

Rule 3745·21.{J7 of the Ohio

Administrative Code, and

Adoption of New Rule

3745·21.{J7 of the Ohio

Administrative Code

Director's Final Findings and

Orders

FEB 18 2008

The Director of Environmental Protection, having considered in compliance with the

Administrative Procedure Act the adoption, in final form, of the 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 that all interested persons were afforded the opportunity to be

heard; and

2. That upon due consideration, the rescission of the existing rule and the adoption, in

final form, of the proposed new rule of the Ohio Administrative 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 of the Ohio Administrative Code be rescinded,

and that new rule 3745-21-07 of the Ohio Administrative Code be adopted in final form.

It is further

ORDERED that the effective date of said new rule shall be -------

It is further

ORDERED that copies of these Findings and Orders and certified copies of said new
rule, in final fOnTI, shall be filed with the Secretary of State, the Joint Committee on Agency

Rule Review, the Legislative Services Commission, and the Department of Development's

Office of Small and Developing Business, as required by law.

APPEAL RIGHTS

Notice is hereby given that this action of the 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 of and

the grounds upon which the appeal is based. The appeal must be filed with the

Commission within thirty (30) days after notice of the Director's action. 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. Notice of the filing of the appeal shall be filed with the Director within

three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal

be served upon the Ohio Attorney General's Offic~, Environmental Enforcement Section.

An appeal may be filed with the Environmental Review Appeals Commission at the

following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus,OH 43215

Chris Korleski, Director

Ohio Environmental Protection Agency

Issued at Columbus, Ohio thisL 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 of Adoption of Rules

Notice is hereby given that the Director of Environmental Protection, under the authority of

Ohio Revised Code Section 3704.03 has rescinded existing rule 3745-21-07 of the Ohio

Administrative Code (OAC), "Control of emissions of organic materials from stationary

sources.", and adopted new rule 3745-21-07 of the OAC, "Control of emissions of organic

materials from stationary sources (Le., 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, 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 for smaller, existing emissions units that are not controlled. Additionally, the

new rule will not be applied to new emissions units that commence construction after the

effective date of the new rule. These emissions units will be required to undergo the New

Source Review process, and any control requirements or operational 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 of the Ohio Revised Code, DAPC is required to consult with

interested parties affected by the rule before the division formally adopts 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 October 3, 2007, in Columbus, Ohio. There were 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 of emissions units that should 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 of the rule was revised to

allow necessary flexibility in controlling VOC emissions while maintaining Ohio's ability to

limit emissions. The Director's order of adoption was issued on February 8,2008. The

effective date of these rules is February 18, 2008.

To request a copy of these rules, obtain further information, or inspect or request copies of

agency files and records pertaining to the proceeding contact Todd Brown, Ohio EPA,

Division of Air 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) pursuant to Section 3745.04 of the Ohio Revised Code. The
appeal must be in writing and set forth the action complained of and the grounds upon

which the -appeal is based. The appeal must be filed with ERAC within thirty (30) days after

notice of the Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio

43215. Copies ofthe appeal must be served upon the Directorofthe Ohio EPA within three

(3) days of filing 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

requests that a copy of the appeal be served upon the Environmental Enforcement Section

of the Ohio Attorney General's Office.
Article III

Copy of ORC 3704.02 and

3704.03
Lawriter - ORe - 3704.02 Purposes of chapter - construction ofprovisions. Page 1 of 1

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 of the 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 of the 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 under the 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 of the 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 of those 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 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 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 under this 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 of the 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) of this 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

of the scientific evidence on which the director relied in making the determination. Until adoption of the

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 of the 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 of the 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) of this 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 director that 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 of Title I, and Part 0 of Title 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 of this 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. If two 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 of the 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.

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(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

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