Article .I 

Certified Copy of Rules 
3745-31-03 Permit to install exemptions. 

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

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

referenced in this rule, see the "Incorporation by Reference" section at the end of rule 

3745-31-01 of the Administrative Code.) 

(A) A permit to install as required by rule 3745-31-02 of the Administrative Code must 

be obtained for the installation or modification of a new air contaminant source 

unless exempted from the requirements as follows: 

[Comment: The following exemptions relieve permittees from the obligation to 

apply for and obtain a permit to install. They do not however. exempt any air 

contaminant source from requirements of the federal Clean Air Act including 

being considered for pumoses of determiping whether a facility constitutes a major 

source or is otherwise regulated under Chapter 3745-77 of the Administrative Code 

or any reqyirement to list insignificant activities and emission levels in a Title Y 

permit application. In addition.; this rule does not relieve the owner or cwerator from 

the requirement of including the emissions associated with the exempt sources into 

any major new source review permitting action.] 

(1) Permanent exemptions: 

The following exemptions do not apply to a eomeffia.tioB: of eoffiffi:OB: 

emissioB:S U:B.its that are a major smtioB:fl:l)' souree or major moclifieatioB:; or to 

emissions units subject to that the National Emissions Standards for 

Hazardous Air Pollutants (NESHAPs) with the exception of a~lies (ex.e~t 

fef 40 CFR Part 61, subpart M, asbestos removal activitiesJ; or -te emissions 

units that the Maximum Achievable Control Technology (MACD standar~ 

unless such standard only requires submission of a notification. and written 

notification satisfying the MACT notification reqyirements · has been 

-submitted to Ohio EPA prior to using this exemption: aJ'Plies, or -te emissions 

units~ the .!..'New Source Performance Standards.!!(NSPS) with the 

exception of applies (eJce~t for 40 CFR Part 60, subpart AAA, residential 

wood heaters1. 

(a) Fossil fuel-fired boilers, preheaters, air heaters, water heaters, or heaters 

used for other heat exchange media less than ten million British thermal 

units per hour burning only natural gas, distillate oil (with less than or 

equal to 0.5 per cent by weight sulfur), or liquid petroleum gas. 

(b) Fossil fuel or wood fuel-fired boilers, preheaters, air heaters, or water 

heaters less than one million British thermal units per hour except units 

burning waste fuels or waste oil. 
3745-31-03 2 

(c) Fossil fuel-fired furnaces or dryers less than ten million British thermal 

units per hour and burning only natural gas, distillate oil (with less than 

or equal to 0.5 per cent by weight sulfur), or liquid petroleum gas and 

the only emissions are from the products er.Qf combustion from fuel and 

water vapor and where no melting or refining occurs nor where any 

burning of any material occurs. 

(d) Tumblers used for the cleaning or de burring of metal products without 

abrasive blasting. 

(e) Equipment used exclusively for the packaging of lubricants or greases, 

and water-borne adhesives, coatings or binders. 

(f) Equipment used exclusively for the mixing and blending of materials at 

ambient temperature to make water-borne adhesives, coatings or 

binders. 

(g) Bakery ovens that bake: 

(i) Chemically leavened products; or 

(ii) Yeast dough products and that are not located at a commercial 

bakery; or 

(iii) Biscuits, crackers, cookies and other similar nonleavened projects; 

or 

(iv) Yeast dough, bread, buns and rolls at a bakery having a total 

maximum yeast dough, bread, buns and rolls production rate of 

less than or equal to one thousand pounds per hour. 

(h) Mixers and blenders and deep fat fryers (except deep fat fryers used fur 

large scale production of productsto procluee potato effips) where the 

products are edible and intended for human consumption. 

(i) Laboratory equipment and laboratory fume hoods used exclusively for 

chemical or physical analyses and bench scale laboratory equipment. 

(j) Photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy. 
3745-31-03 3 

(k) Equipment used for injection molding of resins where no more than one 

million pounds of resins (thermoplastic or thermosetting) per rolling 

twelve-month period are used in injection machines at the facility. 

(1) Storage tanks for: 

(i) Inorganic liquids including water (at standard temperature and 

pressure) except as described in paragraph (A)(l)(l)M!Yiil of this 

rule; or 

(ii) Pressurized storage for inorganic compounds or propane, butane, 

isobutane, and liquid petroleum gases; or 

(iii) Liquids with a capacity of less than seven hundred gallons; or 

(iv) Liql:ti$ \'fi.1:8 a eapaeity of less t:hB:B: or ectl:Hl:l to teB t:he\:l:SB:B:El galloRS 

eE{U:ippeEl wi-th s1:1emergeEl fill e:e:El that store orge:aie lictl:lids or 

mi:Jffil:fes eofttaift:iftg oyge:aie lictl:liEls (ffiE:el:l:l<liftg pestieiEles) vrit:B 

each orge:aie lictl:liEl eo~ofteBt's vapor presfftl:fe of less t:Be:a or 

equal to 1.5 pol:lflEls pCF sqaare i:fteh aesolme at seveflty Elegrees 

Fahreftheit; orOrganic liqyids with a capacity of less than 75 

cubic meters (19.815 gallons) and equipped with submerged fill. 

except gasoline storage tanks located at bulk gasoline plants 

which are subject to the requirements of paragraph (P) of rule 

3745-21-09 of the Administrative Code: or 

(v) Organic liqyids with a capacity greater than or eqyal to 75 cubic 

meters (19.815 gallons) but less than 151 cubic meters (39.894 

gallons) storing a liquid with a maxiniUm true vapor pressure. as 

defined in 40 CFR 60.111b. of less than 15.0 kilo.pascals (2.176 

pounds per square inch absolute<) and egyipped with submerged 

1ilt.m: 

(yi) Organic liquids with a capacity greater than or eQYal to 151 cubic 

meters (39.894 gallons) storing a liqyid with a maximum true 

vapor pressure. as defined in 40 CFR 60.111 b. of less than 3.5 

kilopascals (0.508 pounds per square inch absolute): or 

M(yjj} Acids (as defmed in the most reeeBt eeitiofl of the chemical 

meeer eempe:ayChemical Rubber Company (CRC) he:adbook of 

chemistry e:e:El physiesHancibook of Chemistzy and Physics) 

stored in tanks less than or equal to seven thousand five hundred 
3745-31-03 4 

gallons capacity. 

(m) Compression molding presses used for the curing of plastic products that 

qualify for the de minimis exemption under rule 3745-15-05 of the 

Administrative Code. This type of press uses a thermosetting resin and 

involves a chemical reaction, usually involving heat, that converts the 

material (e.g., polyesters, polyurethanes, epoxy resins, etc.) to a solid, 

insoluble state using a hardening or curing operation. 

(n) Presses used exclusively for extruding clay. 

( o) Storage tanks, storage silos, and other farm equipment located on a farm 

and utilized exclusively for the production of food or grain on the 

premises. 

(p) The relocation of any portable source in the state of Ohio that meets either 

paragraph (A)(l)(p)(i) or paragraph (A)(l)(p)(ii) ofthe following: 

(i) The company has demonstrated the following: 

(a) The portable source is equipped with the best available 

technology for such portable source; and 

(b) The portable source is operating pursuant to a currently 

effective permit to install, permit to operate or registration 

status; and 

(c) The applicant has provided proper notice of intent to relocate 

the portable source to the director within a minimum . of 

thirty days prior to the scheduled relocation; and 

(d) In the director's judgment, the proposed site is acceptable 

under rule 3745-15-07 of the Administrative Code, or 

(ii) The director has issued a site approval for the new location pursuant 

to rule 3745-31-05 of the Administrative Code. 

(q) A drycleaning facility constructed between January 1, 1974 and 

.December 31, 1981 in which the annual amounts of fabric drycleaned 

with perchloroethylene is less than sixty thousand pounds and is not 

located in Butler, Clermont, Cuyahoga, Franklin, Greene, Hamilton, 
3745-31-03 5 

Lake, Lorain, Lucas, Mahoning, Medina, Montgomery, Portage, Stark, 

Summit, Trumbull, Warren and Wood counties. 

(r) Noncontinuous solvent recycling or reclaiming units with less than twenty 

gallons capacity. 

(s) Nonheat-set or sheet-fed presses with an organic compound potential to 

emit ofless than three tons per year. 

(t) An incinerator designed · and used to dispose of residential wastes and 

having a capacity for serving no more than five households. 

(u) Equipment used for spraying or applying insecticides, pesticides and 

herbicides except at facilities producing these substances or mixtures 

for sale or distnbution. 

(v) Combustors used exclusively for the purpose of research and development 

of more efficient combustion of coal or more effective prevention of air 

pollutant emissions from coal combustion, less than ten million British 

thermal units per hour and an annual average capacity factor of not 

more than twenty per cent 

(w) Solvent cold cleaners that meet the provisions of paragraph (0) of rule 

3745-21-09 of the Administrative Code and have a liquid surface area 

less than or equal to ten square feet or a reservoir opening of less than 

six inches in diameter. 

_(x) Ink-jet printers. 

(y) Grinding and machining operations, abrasive blasting, pneumatic 

conveying, and wood working operations controlled with a fabric filter, 

scrubber, or mist collector designed to emit not more than 0.03 grains 

of particulate per dry standard cubic foot of exhaust gas with less than 

four thousand acfm volume, venting inside a building, and emitting less 

than ten pounds per day of non particulate air contaminants. 

(z) Uncontrolled grinding, machll;ring, and sanding operations, abrasive 

cleaning operations (dry or wet), pneumatic conveying and 

woodworking operations that have no visible emissions, vent to the 

inside of a building and emit less than ten pounds per day of non 

particulate air contaminants. 
3745-31-03 6 

(aa) Parts washers and rinse tanks using detergent cleaners. 

(bb) Aluminum die-casting machines. 

( cc) Air contaminant sources at nonproduction research and development 

operations with a potential to emit from any air contaminant source of 

less than one ton per year of any criteria pollutant per air contaminant 

source. 

( dd) Vegetable oil storage tanks and pumps and valves used in vegetable oil 

processing operations. 

( ee) Gasoline dispensing facilities, as defined in paragraph (H) of rule 

3745-21-01 of the Administrative Code, or other motor fuel dispensing 

facilities that are equipped with Stage I vapor control and are not 

located in Ashtabula, Butler, Clark, Clermont, Cuyahoga, Delaware, 

Franklin, Geauga, Greene, Hamilton, Lake, Licking, Lorain, Lucas, 

Mahoning, Medina, Miami, Montgomery, Portage; Stark, Summit, 

Trumbull, Warren, or Wood counties. 

(ff) Gasoline dispensing facilities, as defined in paragraph (H) of rule 

3745-21-01 of the Administrative Code, or other motor fuel dispensing 

facilities that have an individual maximum annual throughput of less 

than six thousand gallons of gasoline per year. 

(gg) Air separation plants. 

-(hh) All maintenance welding. 

(ii) Arc welding where emissions of particulate matter are vented to a control 

device located and vented inside the building. 

(jj) Passive methane venting systems from non-hazardous waste landfills. 

(kk) Coating applicators with properly designed and operated particulate 

control devices and venting systems that employ less than five gallons 

of only air-dried coating material in any one day provided that the 

applicators are: 

(i) Not located in a nonattainment area for ozone, 
3745-31-03 7 

(ii) Not subject to limits specified in or not specifically exempted from 

rule 3745-21-09 of the Administrative Code, 

(iii) Not subject to federal standards of performance for new stationary 

sources; and 

(iv) Not located at a facility with actual emissions of twenty-five or 

more tons of volatile organic materials per year and are not 

subject to a standard under section 112 of the Clean Air Act. 

(ll) Refrigerant reclaiming and recycling machines located at motor vehicle 

repair facilities. 

(mm.) Natural gas compressor engines used for maintenance activities with a 

heat input rate of no greater than 10 million British thermal units per 

hour fired by natural gas, gasoline or distillate oil (with less than or 

equal to 0.5 per cent by weight sulfur). 

(nn) Emergency electrical generators or emergency firefighting water pumps 

less than or equal to 50 horsepower that burn gasoline, natural gas, 

distillate oil (with less than or equal to 0.5 per cent by weight sulfur), or 

liquid petroleum gas. 

( oo) 2-stroke or 4-stroke, air-cooled, gasoline-powered engines no more than 

20 horsepower used for lawnmowers, small electric generators, 

compressors, pumps, minibikes, snowthrowers, garden tractors or other 

similar uses. 

(pp) Non-road engines, subject to the following provisos: 

(i) Consistent with this exemption and pursuant to ORC section 

3745.11(T)(3), permit to install fees for the installation of exempt 

non-road engines, as required under ORC section 3745.11, are 

hereby waived for any permit to install issued for an exempt 

non-road engine where the pefffiiteepermittee has not yet paid the 

fee. 

(ii) This exemption does not apply to non-road engines that emit visible 

particulate emissions with opacities greater than twenty per cent 

as a six minute six-minute average as determined by USEPA 

method 9. 
3745-31-03 8 

(2) Federal based exemptions. 

The following exemption applies regardless of the applicability of the 

"National Emissions Standards for Hazardous Air Pollutants" and/or the 

"New Source Performance Standards". 

(a) Cleanup activities associated with the removal or remedial action 

conducted entirely on site, where such remedial action is selected and 

carried out in compliance with the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) section 12l(e) 

and where such action meets all applicable air pollution emission limits 

and policies. 

(3) Discretionary exemptions 

(a) The director, at his discretion, may exempt the installation of an air 

contaminant source or any other source associated with the clean-up of 

a spill or a leaking underground storage tank from the requirements to 

obtain a permit to install. 

(b) The director, at his discretion, may exempt the installation of an air 

contaminant source from the requirements to obtain a permit to install 

to deal with an emergency situation involving immediate threats to 

human health, property or the environment. 

(c) The director, at his discretion, may exempt the installation of an air 

contaminant source from the requirements to obtain a permit to install 

for the emergency replacement of storage tanks associated with a 

leaking underground storage tank for a period not to exceed six months. 

(d) The director, at his discretion and in writing, may exempt the installation 

or modification of an air contaminant source from the requirement to 

obtain a permit to install for a period of up to six months for purposes 

of research and development of more effective prevention or control of 

air pollutant emissions or of more efficient combustion of coal. 

(e) A temporary source that, as so ordered by the director at his discretion, is 

to be operated for the purpose of testing air contaminant pollution 

emissions so that a suitable control technology can be ascertained and 

will not operate for more than two calendar years. 

(f) The director, at his discretion and in writing, may exempt the temporary 
3745-31-03 9 

modification of an air contaminant source from the requirements to 

obtain a permit to install for a period of up to sixty days for the purpose 

of evaluating new production feasibility and/or air quality impacts from 

the temporary modification. A request for this exemption shall be made 

in writing and shall provide a detailed description of the proposed 

temporary modification to the air contaminant source, the time period 

over which the modification will occur, any changes in air emissions 

from the air contaminant source as a result of the temporary 

modification, and the ambient impact of the emissions from the air 

contaminant source as a result of the temporary modification. The 

director may require that performance tests be conducted during the 

period of the temporary modification. 

(g) The director, at his discretion and in writing, may exempt any treatability 

studies or on-site response actions (cleanup operations) that meet all 

applicable air emission limits and policies from the requirement to 

obtain a permit to install. Anyone requesting this exemption must 

provide the director with sufficient information to make this decision. 

( 4) Permit-by-rule exemptions 

The following air contaminant sources are exempt from the requirement to 

obtain a permit to install. These exemptions are valid only as long as the 

owner or o.peratqr complies with all of the permit-by-rule ~eneral provisions. 

meets the qyalifyin~ criteria defined in the ap.plicable permit-by-rule and 

complies with all of the requirements under the awlicable permit-by-rule 

s.pecific provisions. Upon reguest by the director. the owner or <merator of a 

facility that has exceeded the permit-by-rule thresholds or that the director 

finds is causing or may cause a public nuisance in violation of rule 

3745-15-07 of the Administrative Code shall submit an awlication for a 

permit to install. These exemptioM axe valid oruy as loB:g as the owner or 

operator collects atlEl mai:Rfaifts the reeofds described for each air eOfitami:ftftftt 

sol:lfee eJEempted l:lB:der this rttle ftftd these records are retaifted iB the O'Nfter or 

operator's files for a period of B:ot less thftft five years ftftd are made a-vailallle 

to the &ireetor or lmY ffifthorized represeftta-tive of the director for re'tiew 

d.miftg aormal b:asi:Bess hems: 

These exemptions do not however. exempt anY air contaminant source from 

requirements of the federal Clean Air Act including being considered for 

purposes of determining whether a. facility constitutes a major source or is 

otherwise regulated under Chapter 3745-77 of the Administrative Code or 

any requirement to list insignificant activities and emission levels in a Title V 

pennit awlication. In addition. this rule does not relieve the owner or 

operator from the requirement of including the emissions associated with the 

exempt sources into any major new source review permitting action. 
3745-31-03 10 

(a) General Provisions 

These general provisions apply to all owner or operators who are 

utilizing one or more of the permit-by-rule exemptions listed in 

paragraphs (A)( 4)(b) through (A)( 4)(1). 

(i) Record Keeping Requirements 

The owner or operator shall collect and maintain the records 

described for each air contaminant source exempted under this 

rule and these records shall be retained in the owner or operator's 

files for a period of not less than five years. unless otherwise 

specified in each exemption. These record.s shall be made 

ayailable to the director or any authorized re.presentative of the 

director for review during normal business hours. 

(ii) Notification Requirements for New Installations 

For the pull?Oses of this paragraph. a new permit-by-rule air 

contaminant source is an air contaminant source installed after the 

e:ffectiye date of the applicable permit-by-rule or the effective 

date of the general provisions of the permit-by-rules. whichever 

comes later. The owner or Qperator of a new permit-by-rule air 

contaminant source electing to use an a,Qplicable permit-by-rule 

exemption shall submit a written notification prior to installation 

of the air contaminant source. This notification. or form 

developed by the Ohio EPA. shall be submitted to the Ohio EPA. 

Division of Air Pollution Control. Pennit Management Unit 

Manager and shall contain the following information: 

(~) The owner or operator's and the facility contact's name: 

(Q) The facility mailing address and tele,phone number: 

(d The location of the air contaminant source(s); 

(d) A description of the air contaminant source. including any 

pollution control(s): and 

(~) A statement by the owner or operator that indicates which 

permit-by-rule ap12lies to the air contaminant source. 

(iii) Notification Requirements for Existing Permitted Sources 

The owner or operator of an air contaminant source which is 

operating under an existing permit to install and/or permit to 
3745-31-03 11 

operate may continue to operate in compliance with that permit or 

may submit a written request to the Ohio EPA to revoke apy such 

individual permit or permits and to allow the air contaminant 

source to operate under the permit-by-rule provisions. The 

director may revoke a permit to install and/or permit to operate if 

the permittee requests revocation. agrees to meet · all 

permit-by-rule quali;fyine and operatin~ conditions. and the 

director determines that the revocation will not result in the 

violation of any applicable laws. When a permittee requests a 

revocation pursuant to this paraeraph. the director. without prior 

bearing. shall ma1ce a final determination on the reQYest and 

inform the permittee in writine. If the director ames with the 

request to operate under the permit-by-rule. then the 

permit-by-rule becomes effective on the date the existing permit 

to install and/or permit to operate are revoked 

(iv) Notification ReQYirements for Existing Permit-by-Rule Sources 

The owner or operator of an air contaminant source that is 

operating under one of the existine permit-by-rules (emergency 

electrical generators. injection and compression molding. 

crushing and screening plants. soil-vapor extraction and 

soil-liquid extraction) and desires to continue o_perating under the 

pennit-by-rule shall submit a written notification which contains 

all of the elements required in the New Installations paragraph (ii) 

above. This notification shall be submitted to the Ohio EPA. 

Division of Air Pollution Control. Permit Management Unit 

Manager and shall be submitted within one calendar year from the 

date this paragraph becomes effective. 

(v) Records Retention Requirements 

Each record of any monitoring data. testing data. and SJll>pOrt 

information required pursuant to this permit-by-rule shall be 

retained for a period of five years from the date the record was 

created. Swport information shall include. but not be limited to. 

all calibration and maintenance records and all original strip-chart 

recordings for continuous monitoring instrumentation. and copies 

of all reports required by this permit Such records may be 

maintained in computerized form. 

(vi) Reporting Requirements 

The owner or operator shall submit required reports m the 

following manner: 
3745-31-03 12 

(a) Remorts of any monitoring and/or record keeping information 

required by the specific permit-by-rule exemption shall be 

submitted to the appropriate Ohio EPA district office or 

local air agency. 

(b) Except as otherwise may be provided in the Permit-by-Rule 

Specific Remorting Requirements section of a ~ecific 

permit-by-rule. a written re.port of any deviations 

(excursions) from emtsswn limitations. operational 

restrictions. qualifying criteria and control equipment 

operating parameter limitations that have been detected by 

the testing. monitoring. and record keeping requirements 

~ecified in the permit-by-rule shall be submitted to the 

appro_priate Ohio EPA District Office or local air agency 

within thirty days of the date the deviation occurred. The 

re_port shall describe the ~ecific limitation and/or 

operational restriction exceeded. the probable cause of such 

deviation. and any corrective actions of preventive 

measures that have been or will be taken. 

(vii) Scheduled Maintenance/Malfunction Reporting 

Any scheduled maintenance of air pollution control equipment 

shall be performed in accordance with paragraph (A) of rule 

3745-15-06 of the Administrative Code. The malfunction of any 

emissions units or any associated air pollution control system(s) 

shall be re,ported to the a,apropriate Ohio EPA district office or 

local air agency in accordance with paragraph an of rule 

3745-15-06 of the Administrative Code. Excemt as provided in 

that rule. any scheduled maintenance or malfunction necessitating 

the shutdown or bypassing of any air pollution control system(s) 

shall be accompanied by the shutdown of the emissions unit(s) 

that is (are) senred by such control system(s). 

W{Q). Emergency electrical generators, emergency firefighting water pumps, 

or emergency air compressors powered by internal combustion engines 

greater than 50 horsepower (37.3 Kilowatts) where each engine 

operates at any one facility for no more than 500 hours per rolling 12 

month period and where such engine bums gasoline, natural gas, 

distillate oil (with less than or.equal to 0.5 per cent by weight sulfur), or 

liquid petroleum gas and that maintain the following records: 

(i) Monthly records that contain the rolling twelve month hours of 

operation; and 
3745-31-03 13 

(ii) Records that show the type of fuel used and the sulfur content (in 

per cent by weight) of any distillate oil used. 

te1W Equipment used for injection and compression molding of resins 

where: 

(i) The facility does not qualify for the exemption under paragraph 

(A)(l)(k) or (A)(l)(m) of rule 3745-31-03 of the Administrative 

Code; and 

(ii) The facility uses no more than 1000 pounds of volatile organic 

compound in external mold release agents and flatting spray per 

rolling twelve-month period; and 

(a) The facility uses no thermoset resins and no more than six 

million pounds of thermoplastic resins (e.g., polyethylene, 

polypropylene, polycarbonate, and polyvinyl chloride, etc.) 

per rolling twelve-month period in injection machines at the 

facility (this type of molding operation involves materials 

that soften and melt upon heating or pressurization heating 

with no chemical change and no permanent change in 

physical properties. It does not involve curing, 

thermosetting or cross-linking.); or 

(b) The facility uses no thermoplastic resins and no more than 

five hundred thousand pounds of thermoset resins (e.g., 

polyesters, polyurethanes, epoxy resins, etc.) per rolling 

twelve-month period in injection and compression molding 

machines at the facility (these types of molding operations 

use a thermoset resin and involve a chemical reaction, 

usually involving beat, that converts the material (e.g., 

polyesters, polyurethanes, epoxy resins, etc.) to a solid, 

insoluble state using a hardening or curing operation.); or 

(iii) No more than three tons per year of volatile organic compounds are 

emitted, including volatile organic compounds from external 

mold release agents and flatting spray, per rolling twelve-month 

period from injection and compression molding machines at the 

facility calculated by using emission factors approved by the Ohio 

EPA; and 

(iv) The facility maintains monthly records that contain the rolling 
3745-31-03 14 

twelve-month usage of thermoplastic resins, thermosetting resins 

and volatile organic compounds in external mold release agents 

and flatting spray used in all injection and compression molding 

machines at the facility, and the Ohio EPA approved emission 

factors used to calculate the emissions. 

fe1@ Crushing and screening plants, as defined under 40 CFR part 60 

subpart 000: 

(i) Fixed sand and gravel plants and crushed stone plants with 

capacities, as defined in 40 CFR 60.671, of 23 megagrams per 

hour (25 tons per hour) or less; 

(ii) Portable stone and gravel plants and crushed stone plants with 

capacities, as defined in 40 CFR 60.671, of 136 megagrams per 

hour (150 tons per hour) or less; 

(iii) Common clay plants and pumice plants with capacities, as defined 

in 40 CFR 60.671, of 9 megagrams per hour (10 tons per hour) or 

less; and 

(iv) Fixed and portable soil screening plants with capacities, as defined 

in 40 CFR 60.671, of 136 megagrams per hour (150 tons per 

hour) or less 

~at either employ a baghouse, wet scrubber, water sprays or 

combination thereof that is designed and operated to emit no 

more than 10 percent opacity from stack or fugitive emission 

points, or employs an enclosed design that is designed and 

operated to emit no more than 15 percent opacity from stack or 

fugitive emission points, and that maintain the following daily 

records: 

(a) Material throughput in tons per day; and 

(b) Pressure drop readings across the control device as applicable; 

and 

(c) Meter readings of quantities of water used for wet scrubbing 

and spray applications as applicable; and 

(d) Operating hours of the crushing and grinding equipment. 
3745-31-03 15 

WW Soil-vapor extraction remediation activities located at facilities that 

have total combined emissions rates less than 15 pounds of organic 

compounds per day are hereby exempted from the permit to install 

requirements for a period of 18 months from the beginning of vapor 

extraction activities so long as the owner or operator provides the 

director with the following information prior to beginning actual 

construction: 

(i) A description and the location of the remediation site. 

(ii) A description of the nature and type of contamination at the site. 

(iii) A description of the vapor extraction processes to be used in the 

remediation activities. 

(iv) An estimate of the air contaminant emissions in ppm by volume, 

pounds per hour and tons per year. 

(v) A description of the costs of the vapor control equipment to be used 

to control emissions from the remediation activities. 

(vi) A description of the projected start date of the remediation project, 

a list of the project milestones and an estimate of how long the 

remediation activities will operate. 

(vii) A notice of when the soil-vapor extraction remediation activities 

begin, when major project milestones are met and when the 

remediation activities are completed 

Eeill} Soil-liquid extraction remediation activities located at facilities that 

have total combined emissions rates less than 15 pounds of organic 

compounds per day are hereby exempted from the permit to install 

requirements for a period of 18 months from the beginning of the liquid 

extraction activities so long as the owner or operator provides the 

director with the following information prior to beginning actual 

construction: 

(i) A description and the location of the remediation site. 

(ii) A description of the nature and type of contamination at the site. 
3745-31-03 16 

(iii) A description of the liquid extraction and liquid-vapor stripping 

processes to be used in the remediation activities. 

(iv) An estimate of the air contaminant emissions in ppm by volume, 

pounds per hour and tons per year. 

(v) A description ofthe costs of the vapor control equipment to be used 

to control emissions from the remediation activities. 

(vi) A description of the projected start date of the remediation project, 

a list of the project milestones and an estimate of how long the 

remediation activities will operate. 

(vii) A notice of when the soil-liquid extraction remediation activities 

begin, when major project milestones are met and when the 

remediation activities are completed. 

(g) Auto body refinishing facility permit-by-rule. 

(i) Qualifications. 

An auto body refinishing facility that meets all of the following 

qualifications is elig1ble to use this permit-by-rule: 

(a) The facility has two or fewer paint spray booths used for 

painting. 

{Q) The facility does not do more than 50 iobs per week. 

(~) The facility does not use more than 3.000 gallons combined of 

all coatings. solvents. and other volatile organic compound 

(YOC) containing materials in anY calendar year. 

(d) The facility performs all painting operations in enclosed SJ?ray 

booth(s) which are designed to confine and direct the paint 

ovefSJ?I11Y. fumes. and vapors to a powered ventilation 

system and are equipped with either a dzy filtration or water 

wash system(s) to capture paint ovewray. 

(e) The facility applies any paint or coatings by one of the 

following means: high volume low pressure (HYLP) s.pray 

equipment. or electrostatic application equipment. 

(j) The exhaust stack(s) of each paint spray booth at the facility: 
3745-31-03 17 

(i) Is equipped with a fan designed to achieve an exhaust 

flow capacity of at least ten thousand cubic feet per 

minute. 

(ii) Discharges air contaminants in a vertical direction_ 

without obstructions like rain caps. goose neck 

exhaust. or other obstructions. 

(iii) Has a stack height which is at least sixteen feet. as 

measured from ground level to the point of discharge 

to the atmos.phere. 

(iv) Has a point of discharge no closer than sixty feet to the 

nearest facility property line. 

(ii) Applicable Emissions Limitations and/or Control Requirements. 

Applicable Rule(s) 

(a) The applicable rules. emissions limitations and control 

reqyirements that apply to the facility subject to this 

permit-by-rule are defined in the following table: 

Appli~abl~ Emi~::;iQns LimitatiQD::!LCQD.trQl 

ReQuirement§ 

farngraph (A)(~) Qfrul~ 3145-31-Q5 Qfth~ Eacility emissions QfVQC rulQ ~Qmbin.eg 

Administrative CQde h~arQQYS air pQllutant::; iliAP) shall not 

exceed 2 pounds per hQur and 11 r 7 tQ!l§ per 

Y~ar. Ea~ility ~missiQDS Qf a singl~ HAP 

shall not exceed 4.5 pQunds per hom and 

~.8~ tQns p~r y~ar, 

-

£aragraph (J.D(l) Qfrnle 3145-21-02 of the This Qp~ration is exem12t from th~ 

Administrative Code ~Quiremen!§ of this rule pY!]uant to 

,t2mgraph (J.D(2)(~) Qfrnle n4~-21-Q2 of 

th~ Administrativ~ CQd~, 

(iii) OperatiQnal Requirements, 

(a) The owner or operatQr of the facility shall regularly maintain 

the sprny painting a,pplication eQJiipment. exhaust filtratiQn 

systems. and spray booths in accQrdance with the 

recQIIllllended pmce<lures and maintenance intervals Qf the 

respective manufacturers in Qrder tQ mmtmtze air 

CQntaminant emissions. 
3745-31-03 18 

(b) Paint application equipment shall be cleaned using one or 

more of the following means: 

m In a device that remains closed at all times when not in 

~ 

(ii) In a system that discharges nonatomized cleaning 

solvent into a waste container that remains closed 

when not in use. 

(iii) In a reservoir that allows for disassembly and cleaning 

of a;wlication equipment and that is ktWt closed when 

not in use. 

(iv) In a system that atomizes cleaning solvent into a waste 

container that is fitted with a device designed to 

capture atomized solvent emissions. 

(c) If a water wash system is employed to control paint overspray. 

the facility shall comply with all ap,plicable state and federal 

rules and regulations pertaining to the handling. treatment. 

or discharge of waste water. 

(iv) Monitoring and/or Record Kee,ping Requirements. 

(a) The owner or operator of the facility shall maintain annual 

records which list the following information for each 

YOC-containing material (coatings. thinners. reducers. 

surfacers. clean-lll2 solvents. etc.) used or purchased by the 

facility in each calendar year: 

(i) The name and identification number of each material. 

(ii) The quantity of each material used or purchased. m 

gallons. 

(iii) The volatile organic compound (YOC) content of each 

material. in pounds per gallon. 

(iv) The total volume. in gallons. of all VOC-containing 

materials used or purchased. 

(b) The owner or operator of the facility shall maintain a record of 

the number of jobs performed per week. 

(~) The owner or operator of the facility shall maintain 
3745-31-03 19 

documentation which demonstrates each exhaust stack 

complies with the design reqyirements listed in paragraph 

(A)( 4)(g)(i)(0 of this rule. 

(v) Testing Requirements. 

(q) Compliance with the annual material usage limitation shall be 

based upon the record kee.ping requirements specified in 

paragraph (A)( 4)(g)(iv)(a) of this rule. 

(b) Compliance with the hourly VOC!combined HAP emission 

limitation is based on multiplying the maximum of one job 

per hour by a maximum emission factor of 9 pounds 

YOC/combined HAP per job. Compliance with the hourly 

single HAP emission limitation is based on multiplying the 

maximum of one job per ·hour by a maximum emission 

factor of 4.5 pounds single HAP per job. 

(c) Compliance with the annual tons per year VQC/combined 

HAP emission limitation is based on multiplying the 

maximum number of jobs per week (50) by an emission 

factor of 9 pounds VOC/combined HAP per job by 52 

weeks per year and dividing by 2000 pound& per ton. 

Compliance with the annual tons per year single HAP 

emission limitation is based on multiplying the maximum 

number of jobs per week (50) by an emission factor of 4.5 

pounds single HAP per job by 52 weeks per year and 

dividing by 2000 pounds per ton. 

(b) Gasoline dispensing facility with Stage I controls permit-by-rule. 

(i) Qyalifications. 

A gasoline dis.pensing facility. as defined in paragraph CID of rule 

3745-21-01 of the Administrative Code. which is not otherwise 

exempted under paragraphs (A)(l)(ee) or (A)(l)(ff) of rule 

3745-31-03 of the Administrative Code. and meets all of the 

following conditions is elig;ible to use this permit-by-rule: 

(a) Is located in Delaware. Franklin. Licking. Lucas. Mahoning. 

Stark. Trumbull. and Wood counties . 

. (k> Has all gasoline storage tanks equiru>ed with submerged fill 

pipes. as defined in paragraph (H) of rule 3745-21-01 of the 

Administrative Code. 

(<:2) E:nwloys a Stage I vapor balance or vapor control system in 
3745-31-03 20 

accordance with paragraph (R) of rule 3745-21 -09 of the 

Administrative Code to control the vapors diSJ?laced from 

the stationary storage tanks during delivezy vessel transfer 

Ol'erations. unless exempted from Sta2"e I requirements by 

one of the provisions of paragmph (R)(4) of rule 

3745-21-09 ofthe Administrative Code. 

(d) Has a gasoline throughput of less than three million eight 

hundred thousand gallons per year. 

(ii) Applicable Emission Limitations and/or Control Requirements. 

Applicable Rule(s) 

(a) The applicable rules. emissions limitations and control 

reqyirements that ap,ply to the facility Slibiect to this 

permit-by-rule are defined in the following table: 

Applicable Emi~sions LimitatiQll~ContrQl 

R~uir!:mlent~ 

femgrnph (A)(~) Qfrnl~ ~14~-31-Q~ Qfthe Organi"' com];!ound (QC) emi~~iQDS fi:QID 

Administrative Code the facility ~hall not exceed 25 tQns per 

y~m:. Tb~ f~"'ility ~hall emJ.21Qy ~Ybmerg~d 

fill:12me~ on all g~olin~ stQrage tanks, The 

r~quirem!mts Q( this rul~ aU!Q includ~ 

"'om];!lian"'e with th~ ~quirements Qf 

paragraph (R) o(mle 3745-21-Q9 of the 

Administratiy~ CQde, 

Paragrnph (R) Q(rul~ ~745-21-02 Qfth~ The contrQl efficiency Qf th~ vapor balan"'~ 

Administrative Code or vaQor control ~~tern ~hall :Qe at lea~t 

- ninety pg cent by weight fQr vQlatil~ 

Qrganic QQmQounds, . 

(iii) Q];!erational Restrictions. 

The facility shall CQmply with the following QperatiQnal 

restrictions for the Stage I vapor control system: 

(a) The vapQr balance system shall be kept in good wmking order 

and shall be used at all times during the transfer of gasQline, 

(lz) There shall he no leaks in the delivezy vessel pressure/vacuum 

relief valves and hatch cQvers. 

(c) There shall be no leaks in the vapor lines or liquid lines during 

the transfer Q( gasQline, 
3745-31-03 21 

(d) The transfer of gasoline from a delivery vessel to a stationary 

storage tank shall be conducted by use of submerged fill 

into the storage tank. The submerged fill pipe(s) are to be 

installed so they are within six (6) inches of the bottom of 

the storage tank. 

(E~) All fill caps shall be "in place" and clamped during normal 

storage conditions. 

(j) The owner or qperator of the facility shall rsmair within fifteen 

days any leak from the vapor balance system or vapor 

control system which is employed to meet the requirements 

of paragraph (R)(l) of rule 3745-21-09 of the 

Administrative Code when. such leak is eQJ.Ial to or greater 

than 100 percent of the lower explosive limit as propane. as 

determined under paragraph (K) of rule 3745-21-10 of the 

Administrative Code. 

(iv) Monitoring and/or Recordkeeping Requirements. 

(a) The owner or qperator of the facility shall maintain records of 

the results of any leak checks. including .. at a minimum. the 

following information: 

(i) Date of inS,t>ection. 

(ii) Findings (may indicate no leaks discovered or location. 

nature. and severity of each leak). 

(iii) Leak determination method. 

(h:> Corrective action (date each leak rsmaired and reasons 

for any repair interval in excess of fifteen calendar 

dm1 

(v) Inspector's name and signature. 

(q) The owner or operator of the facility shall maintain records of 

the annual gasoline and diesel/kerosene/used oil (if 

applicable) througlUJut for the facility. 

(v) Permit-by-Rule Specific Reporting Requirements 

(a) Any leak from the vapor balance system or vapor control 

system that is not repaired within fifteen days after 

identification shall be reported to the appropriate Ohio EPA 
3745-31-03 22 

district office or local air agency within thirty days after the 

rsmair is completed. 

(k) AnY owner or operator of a facility which is claiming an 

exemption from the Stage I vapor control requirements 

pursuant to paragraph (R)(4) of rule 3745-21-09 of the 

Administrative Code is exempt from paragraphs 

(A)( 4)(h)(ii) through (A)( 4)(b)(iv) of this permit-by-rule but 

shall comply with the followini reQJ.Iirements: 

(i) The owner or qperator shall maintain records of the 

quantity of gasoline delivered to the facility durin& 

each month. and shall retain these records for a period 

of three years. 

(ii) The owner or qperator shall notify the applicable Ohio 

EPA district office or local air agency if the gasoline 

throughput for any rolling twelve-month period is 

eq_ual to or greater than one hundred twenty thousand 

gallons within forty-five days after the exceedance 

occurs. 

(vi) Testing Requirements 

(q) Compliance with the annual OC emission limitation is based 

on multiplying the maximum annual gasoline througrumt 

s.pecified in this permit-by-rule (three million eight hundred 

thousand gallons) by an emission factor of 13 pounds of 

organic compounds per 1 000 gallons of gasoline and 

dividing by 2000 Pounds per ton. The OC emissions from 

all diesel. kerosene. and used oil tank filling and dispensing 

qperations. if present at the facility. are assumed to be 

negligible 

(i) Gasoline dis.pensing facility with Stage I and Stage IT controls 

pennit-by-rule. 

(i) Qualifications. 

A gasoline dis.pensing facility. as defined by paragraph (H) of rule 

3745-21-01 of the Administrative Code. which is not otherwise 

exempted under paragraphs (A)(l)(ee) of (A)(l)(ft) of rule 

3745-31-03 of the Administrative Code. and meets all of the 

following conditions is eligible to use this peunit-by-rule: 

(a) Is located in Ashtabula. Butler. Clark. Clermont. Cuyahoga. 

Geauga. Greene. Hamilton. Lake. Lorain. Medina Miami. 
3745-31-03 23 

Montgomery. Portage. Summit. and Warren counties. 

(Q) Employs storage tanks equipped with submerged fill pipes. as 

defined by paragraph (H) of rule 3745-21-01 of the 

Administrative Code. 

(~) Employs a Stage I vapor balance or vapor control system in 

accordance with paragraph (R) of rule 3745-21-09 of the 

Administrative Code. unless exempted from Stage I 

requirements pursuant to paragraph (R)( 4) of rule 

3745-21-09 of the Administrative Code. 

(d) Employs a CARB certified stage II vapor control system. as 

defined by paragraph an of rule 3745-21-01 of the 

Administrative Code. and in accordance with paragraph 

(DDD) of rule 3745-21-09 of the Administrative Code. 

unless exempted from Stage IT requirements by one of the 

provisions ofparagraph (DDD)(4) of rule 3745-21-09 of the 

Administrative Code. 

[Comment: The meaning of CARB certified and CARB 

certification used throughout this permit-by-rule shall be 

consistent with the definition SJ?ecified by paragraph (H) of 

rule 3745-21-01 of the Administrative Code.] 

(e) Has a gasoline throughput of less than sixteen million gallons 

per year. 

(ii) Applicable Emissions Limitations and/or Control Requirements. 

Applicable Rule(s) 

(a) The a:m>licable rules. emissions limitations and control 

requirements that apply to the facility subject to this 

permit-by-rule are defined in the following table: 

Applicable Emis~ion~ Limitations/Control 

R~in:;ments 

:fill1!graph (A)(~) Qfrnle J74~-~1-0~ Qfth~ Organi~ ~ompound (QC) ~mi~~ions from 

Administrative Code the facility shall not exceed 2~ tQn~ per 

yem:, Th~ facility ~hall emnlQY subm~rg~d 

fill pipes QJl all ~Qrag~ taDb, Th~ 

rs:g,uirements of thi~ rule al~Q include 

cQmplian~e with the r~uirements Qf 

paragraphs (R) and (DDD) Q(rule 

~74~·21-Q2 ofthe Admini~trative Code. 

Pm:agrnph (R) ofrnle J74~-2l-Q9 ofthe The CQntrol efficiency Qf the Stage I vapQr 
3745-31-03 24 

Administrative Code bal!lllCe OI vanor CQntrQ} §~§tem shall he at 

lea§! nine~ !2~C~t h~ W~ight fQr VQlatil~ 

Qrgani!;; !;;Qml2QYnds, 

Paragrnnh(QDD) Qfrnle J745-21-02 ofthe Th~ CQDttol efficienc~ Q(the Stage II vanQr 

Administrative CQde contrQl ~stem shall he at l~a~t nin~~-fiv~ 

ner!;;ent h~ weight fQI VQ}atil~ Qiganic 

Qom12ounds. 

(iii) Onerational Resttictions, 

(a) The owner or w~ator shall comnl~ with the follQWing 

onerational restrictions for the Stage I vanor control ~stem: 

m The vanor hahmce ~stem shall he ke,pt in goQd working 

Qrder and shall he used at all times during the transfer 

of gasoline, 

{ii) There shall be nQ leaks in the delivezy vessel 

presswe/vacuum relief valves md batch cQvers. 

(iii> There shall he nQ leaks in tbe va12or lines Qr liquid lines 

during the transfer of gasQline, 

{iv) The transfer Qf gasQline from a delivery vessel tQ a 

st<rtiQnary st2fage tank shall he cQnducted b~ use Qf 

submerged fill into the stQrage tank. The suhm~ged 

fillt:!ine(s) are tQ he installed so they are within six (6) 

inches Qf the bQttom Qf the stQrage tank. 

(v) All fill cans shall he "in place" and clarrwed during 

normal storage conditionS. 

(vi) The owner or onerator Qf the facili~ shall :rnpair within 

fifteen days any leak fwm tbe vap2T halance system 

or vapor cQntml ~stem wbicb is em12loyed tQ meet 

the requirements Qf paragrnnh (RXD of rule 

3745-21-09 Qf the Administrative CQde when such 

leak is equal to or greater thm 1 00 percent Qf the 

lQwer eXl'lQsive limit as prcwme. as detmned under 

paragraph (K) Q( rule 3745-21-10 Qf tbe 

Administrative Code. 

(k) The Qwner or operator shall install. operate and maintain the 

stage II vapor contt:Ql s~stem in accQJ·dance with tbe 

manufacturer's specifications. the armlicable CARB 
3745-31-03 25 

certification. and all requirements ofparagraph CDDD)Cl) of 

rule 3745-21-09 ofthe Administrative Code. 

(iv) Monitoring and/or Record Kee.ping Requirements. 

(a) The owner or operator shall maintain records of the results of 

any leak checks. including. at a minimum. the following 

information: 

(i) Date of ins.pection. 

(ii) Findings (may indicate no leaks discovered or location. 

nature. and severity ofeach leak). 

(iii) Leak determination method. 

(iv) Corrective action (date each leak re.paired and reasons 

for any repair interval in excess of fifteen calendar 

!!m1 

(v) Ins_pector's name and signature. 

(b) The owner or operator shall maintain records as specified by 

paragraph (DDD)(3) of rule 3745-21-09 of the 

Ad.ministrative Code and anY records required by the 

applicable CARB certification. The owner or operator does 

not need to maintain copies of the most recent permit to 

o.perate and permit to operate application. as required by 

paragraph (DDD)(3)(a) of rule 3745-21-09 of the 

Administrative Code if electing to operate under this 

permit-by-rule. 

(c;) The owner or operator of the facility shall maintain records of 

the annual gasoline and diesel/kerosene/used oil (if 

ap_plicable) throughput for the facility. 

(v) Permit-by-Rule Specific Reporting Requirements. 

(a) Any owner or operator who is claiming an exemption for a 

facility from the Stage I or Stage II vapor control 

requirements pursuant to paragru?hs (R)(4) or (DDD)(4) of 

rule 3745-21-09 of the Administrative Code shall notify the 

appropriate Ohio EPA district office or local air agency 

using the written notification procedures described in the 

General Provisions paragraph (A)(4)(a) of this rule to 

describe the nature of the exemption. 
3745-31-03 26 

(lz) Any leak from the vapor balance system or vapor control 

system that is not zsmaired within fifteen days after 

identification shall be rnported to the awrcmriate Ohio EPA 

district office or local air agency within thirty days after the 

repair is completed. 

(d A comrehensive written report on the results of any tests 

performed in accordance with the testing requirements of 

parafUaph (A)( 4)(h)(yi) of this pennit-by-rule shall be 

submitted to the appropriate Ohio EPA district office or 

local air agency within thirty days following the COIIJ.Pletion 

of the tests. 

(vi) Testing Requirements. 

(a) Within sixty days after the installation or modification of a 

Stage II vapor control system. the ower or operator shall 

perform the tests :mecified by paragraph (PDD)(2) of rule 

3745-21-09 ofthe Administrative Code. 

At intervals not to exceed five (5) years. the ower or 

operator of the faCility shall repeat and demonstrate 

compliance with the static leak test regyirements contained 

in Ap,pendix A of rule 3745-21-10 of the Administrative 

Code (unless a greater frequency is s.pecified in the 

awlicable CARB certification). and the dynaroic pressure 

performance test requirements contained in Appendix B of 

rule 3745-21-10 of the Administrative Code (unless the 

dynamic pressure performance test is not applicable to the 

:mecific Stage II vapor control system. as s.pecified in the 

applicable CARB certification). 

Not later than thirty (30) days prior to any required tests. the 

owner or cmerator of the facility shall submit a test 

notification to the ap,propriate Ohio EPA district office or 

local air agency. The test notification shall describe the 

proposed test methods and procedures. the time and the date 

of the tests. and the person who will be conducting the tests. 

Failure to submit such notification prior to the tests may 

result in the Ohio EPA's refusal to accept the results of the 

tests. Personnel from the appropriate Ohio EPA district 

office or local air agency shall be peonitted to witness the 

tests. examine the testing eguipmenl and acg_uire data and 

information during the tests. After completion of any tests. 

the facility shall complete and retain on site a copy of the 
3745-31-03 27 

post test ins.pection form contained in Appendix C of rule 

3745-21-10 ofthe Administrative Code. 

(b.> The owner or o.perator of the gasoline dis.pensing facility shall 

perform and comply with any vapor control system tests 

(i.e .. static leak tests. air-to-liquid ratio. etc.) S,pecified in the 

applicable CARB certification for the vapor control system 

installed. The tests shall be performed at the frequency 

s.pecified in the CARB certification. If the awlicable CARB 

certification for the vapor recovery system does not include 

such testin.2" requirements. the owner or o.perator shall. at a 

minimum comply with the static leak and dynamic pressure 

test regyirements at intervals s.pecified in paragraph 

(DDD)(2) ofrule 3745-21-09 ofthe Administrative Code. 

(a> Compliance with the annual OC emission limitation is based 

on multiplying the maximum annual gasoline throughput 

specified in this permit-by-rule (sixteen million 2"allons) by 

an emission factor of 3.1 pounds of organic compounds per 

1 000 gallons of gasoline and dividing by 2000 pounds per 

ton. The OC emissions from all diesel. kerosene. and used 

oil tank filling and dispensing operations. if present at the 

facility. are assumed to be negligible. 

(vii) Miscellaneous Requirements. 

(a) All Stage II vapor control systems employed at facilities 

operating under this permit-by-rule. including all associated 

underground. and above ground plumbing. sball be installed. 

tested. operated and maintained in accordance with the 

applicable CARB certification. CQPies of CARB 

certification documents. including executive orders. 

smproval letters. equipment advisories. and equivalent test 

procedures are available from the appropriate Ohio EPA 

district office or local air agency upon request. 

(j) Boiler and heater permit-by-rule. 

(i) Qyalifications. 

Boilers. preheaters. air heaters. water heaters. or beaters used for 

other heat exchange media that meet all of the following 

qualifications are eligible to use this permit-by-rule: 

[Comment: Air contaminant sources which meet the definition of 

"process beater" as specified in 40 CFR 60 . Subpart De are not 
3745-31-03 28 

eligible to use this permit-by-rule.] 

(a) The maximum rated heat input capacity of the unit is greater 

than ten million British thermal units (Btu) Per hour and 

less than or egyal to one hundred million Btu per hour. 

(b) The unit is capable of burning only natural gas. 

(~) The emissions from the tuiit consist entirely of the products of 

fuel combustion. 

(d) Units with a maximum rated heat input capacity of greater 

than fifty million Btu per hour shall be eQuipped with 

low-NOx burners or other Combustion control techniQues 

designed to meet an emission limitation of not greater than 

0.050 pound of nitrogen oxides per million Btu of beat 

input. 

(ii) Aru>licable Emissions Limitations and/or Control Requirements. 

(a) The awlicable rules. emissions limitations. and control 

reQuirements that apply to each unit subject to this 

permit-by-rule are defined in the following table: 

1\pJ>licable Rule(s) Appli~abl~ Emi::!siQns LimitatiQnsLCQntro l B.~Quir!mlents 

Paragr!!ph (A) ofrule 374~-17-07 ofthe The vi::!ible particulate emis~ion limitatio~ 

Administrative CQde sp~gfi~d by thi~ ml~ m:~ l~ss string~nt than 

the visibl~ particulate emi::!Siillllimita!iQn - established 12ursuant to paragrru;!h (A)(3) of 

ml~ n4~-3l-0~ Q(th~ Administrative 

~ 

flmlgrm2h (B) Q(ml~ n42-17-lQ Qfthe farticulat~ matter ~mi~~iQDS shall nQt 

AQrrrinistra!ive CQde ex~eed Q.Q2Q PQliDQ 12er milliQn Btu Qf 

actual heat input. 

fara~h (B) Qfmle 3142-23-Q6 Qfth~ Units m~~ting th~ perrnit-by-ml~ 

Administrative Code QUalificatiQn Qriteria ~atisfy th~ "lSJJ~~t 

available control techniQues and o12erating 

12rnctices" 12ur~uant tQ th~ rul~. 

Pru;:agra12h (A) Qfrule 3742-IS-06 Qfthe Units m:e eK~m12t from thi:2 rnl~ when 

Administrative Code natural g~ is the only fuel burned. 
3745-31-03 29 

Pru:agrnnh (A)(~) ofrule 3745-31-05 ofthe farticulate emi~siQ~ ~hall not exceed 8.1Q 

Administrative CQde tQ~ 12!tr ye!lr. Nitrogen QXide~ !dlli~::;iQJl~ 

Shi!llDQt ~~~eg ~.Q J20UDQS ,12e[ hQur !lllQ 

21.2Q tQns ,12!tr yew:, CarbQD mQJlQxid~ 

emi::iSiQns sh!!ll nQt e3,~eed 8.2~ 12ounds 12er 

hour and ~6.07 to~ 12er year, Organic 

comJ2QYllQ ~missiQn::; shall not ~c~ed l.Q8 

,12ounds 12!tr hQill: 1md ~.12 tQns 12~r Y~!lr. 

Sulfur diQxid~ ~missiQns ~hi!ll nQt ~KQ~~d 

Q.QQ ,12ound 12er hQYI !!lld Q,2Q 1QnJ2~r y~ru:. 

Visible 12articulat~ emissiQns shall not 

ex~e~g .212~ent OJ2~ity, i!S !l 6-minYt~ 

j!V~[!!g~, Th~ I~iJ:~m~n!.S Qf this r.Yl~ al~Q 

inQlud~ QQmJ2liim~~ with th~ I~QuiJ:~m~ts 

Qfml~s 314~-18-Qfi. 374~-23-Qfi. !llld 

12aramnh an Qfrule 374.2-11-10 ofthe 

Administrativ~ CQde, 

40 CFR Part 6Q, sub;12art De Thi~ regylatiQn dQe~ nQ! ~ecif.y emis~iQil 

limitations fQr units that only fire natural 

gas.. 

(iii) MQnitQring an<l!Qr RecQid Kee,pin.g Reg,uirements. 

(a) The QWD.er Qr QJ2eratQI shi!ll maintain., at the lQcatiQJl Qf the 

unit. documentation showing the maximum rated heat in;12ut 

ca12acizy Qfthe unit(s) and eyidence that the unit(s) can Qnzy 

fire natural gru;. 

(Q) The QW!ler Qr QJ2erator shall maintain monthly reQQids Qf the 

tQtalwmmt Qfnatural gru; fired for the unit(s), 

(iv) Pennit-by-E,ule Specific Rel2Qrtin.g ReQJiirem®ts, 

(a) For units installed after the effective date of this rule. the 

OW!ler QI Qpmtor electing tQ use this ,12ermit-by-rule shall 

repQit the following. in accordance with 40 CFR QQ, 

Subpart De, tQ the i!ppropriate OhiQ EPA district Qffice Qr 

lQcal air agency i!t the a1212[CU?riate times: 

(i) CQnstruction date (no later than thirty days after such 

~ 

(ii) Anticipated start-up date (nQt mQre than sixty days QT 

less than thirty days ;12rior to such date). 
3745-31-03 30 

(iii) Actual start-up date (within fifteen days after such 

~ 

(iv) Date of performance testing (if required. at least thirty 

days prior to testing). 

(v) The maximum rated heat input capacity of the unit(s) 

and the type of fuel(s) fired (no later than thirty days 

after installation date). 

(v) Testing Requirements. 

(~) Compliance with the hourly emission limitations is based on 

multiplying the maximum hourly gas firing capacity of the 

unit (in million cubic feet per hour) by the emission factor 

SJ?ecified by the United States environmental protection 

agency in Section 1.4 of the "Compilation of Air Pollutant 

Emission Factors (AP-42)". (in pound per million cubic feet 

fired) for each pollutant Compliance with the pound per 

million Btu particulate emission limitation is based on 

dividing the filterable particulate emission factor SJ?ecified 

by the ·United States environmental protection agency in 

Section 1.4 of the "Compilation of Air Pollutant Emission 

Factors (AP-42)" by 1 .020. If required by the Ohio EPA. 

the owner or o.perator shall demonstrate compliance with 

the pound per million Btu and hourly emission limitations 

of this permit-by-rule in accordance with the a,ru>ropriate 

test methods specified in Appendix A. 40 CFR Part 60. 

(Q) Compliance with the annual emission limitations shall be 

assumed as long as compliance with the pound per million 

Btu and hourly emission limitations are maintained. These 

annual emission limitations remresent the emissions 

calculated at the maximum capacity of the eQYipment and 

8. 7 60 hours per year of operation. 

(~) If required by the Ohio EPA. compliance with the visible 

particulate emissions limitations shall be demonstrated in 

accordance with Method 9 of A,ru>endix A. 40 CFR Part 60. 

($) Small printing facility pennit-by-rule. 

(i) Qualifications. 

A printing facility that meets the following qualifications is 

eligible to use this permit~by-rule: 
3745-31-03 31 

(a) The facility has one or more printing lines which utilize only 

the screen. di!Ptal. flexographic. letterpress. non-heatset 

lithographic. or heatset lithographic printing processes. and 

which do not utilize add-on emissions control equipment. 

(Q,) The facility emits no more than 10 tons of volatile organic 

compounds (YOC). 5 tons of a single hazardous air 

pollutant (HAP) and 10 tons of combined HAPs in any 

calendar year as demonstrated by either calculating actual 

facility-wide emissions. using methods approved by the 

Ohio EPA. or by electing to comply with the material usage 

limitations s.pecified m Para~mtph (i)(c) of this 

permit-by-rule. 

(~) In lieu of calculating emissions to demonstrate conwliance 

with the annual facility emission limitations s.pecified in 

paragraph (A)( 4)(k)(i)(b) of this permit-by-rule. the owner 

or o.perator may elect to qualify the facility for this 

permit-by-rule by meeting the following material usage 

limitations for all materials employed at the facility in any 

calendar year: 

(i) Uses no more than 1.333 gallons of materials containing 

the same single HAP and no more than 2.667 gallons 

of materials containing any HAPs. 

(ii) Uses no more than 1.000 gallons of photochemically 

reactive materials. as defined in paragraph (C) of rule 

3745-21-01 of the Administrative Code. in 

non-flexographic printing operations. 

(iii) Operates only heatset offset lithographic printing lines 

and uses no more than 20.000 pounds of ink. cleaning 

solvent. and fountain solution additives combined: or 

(iy) Operates only non-heatset offset lithographic printing 

lines and uses no more than 2.850 &allons of cleaning 

solvent. and fountain solution additives combined: or 

(v) Operates only digital printing lines and uses no more 

than 2.425 gallons of solvent from inks and clean-up 

solutions and other solvent-containing materials 

combined: or 

(vi) Operates only screen or letterpress printing lineS and 

uses no more than 2.850 gallons of solvent from inks 
3745-31-03 32 

and clean-up solutions and other solvent-containing 

materials combined: or 

(vii) Operates only water-based or ultraviolet CUV)-cured 

material flexographic printing lines and uses no more 

than 80.000 pounds ofwater-based inks. coatings. and 

adhesives. combined: or 

{viii) Operates only solv.ent based material flexogra,phic 

printing lines and uses no more than 20.000 pounds of 

solvent from inks. dilution solvents. coatings. 

cleaning solutions and adhesives. combined: or 

(ix) Operates any combination of screen. digital. 

flexographic. lettemress. non-heatset lithographic. or 

heatset lithographic printing lines and the facility uses 

no more than the most stringent of the material usage 

limitations contained in paragraphs (A)( 4)(k)(iii) 

through (A)( 4)(k)(viiD above for the type of units at 

the facility. 

(ii) Ap_plicable Emission Limitations and/or Control Requirements. 

(a) The awlicable rules. emissiOns limitations and control 

requirements that awly to the facility subject to this 

permit-by-rule are defined in the following table: 

Applicable Rule(s) Applicable Emissions Limita:tiQnsLContrQl 

R~:uirements 

Paragnmh (A)(3) Qfrule ~74~-~1-0~ ofthe facility emissions shall nQt ~xceed 10 tons 

Administrative Code QfVQC, ~tons· Qfa singl~ HAP and lQ to~ 

Qf combin~!i HAPs fQI any ~al~nd~ y~~r. 

Compliance with this rule a~Q includes 

~omplianc~ with th~ mquirem~ts Qf 

paragraph (Q)(2) Qfrule J14~-21-Q7 ofthe 

Administra:tiv~ CQd~. 

~aragraph Ci)(2)(b) ofrul~ 374~-21-02 Qf Ex~mpt from the r~quirem~ts Qf paragra:ph 

the Administrative Code (flexogra,phic 00(1) ofrule 3745-21-02 ofthe 

presses mlly) Administrative CQd~ sinQ~ th~ qualifdng 

cnterii! ensm:e thi!t th~ ~Qmbin~d maximum 

usage Q[Qoatings and inks in all presses at 

th~ facility is less than 148 tQns per ys;ar. 

~aragnmh (Q)(2) of rule ~74~-21-Q1 of the EmissiQns Q[ Qrganic !;;Qmpounds frQm eaQh 

Administrative CQd~ nQn-flexognmhiQ printing lin~ sball nQt 
3745-31-03 33 

exceed 8 pounds per hour and 40 pounds 

Per daY on any day in which 

photochemically reactive materials are 

~ 

(iii) Monitorin~ and/or Record Keeping ReQ.J.Iirements. 

(a) If photochemically reactive materials are employed in 

non-flexographic presses at the facility. the owner or 

operator of the printing facility shall maintain the annual 

records described in paragraph (A)(4)(k)(iij)(c) as well as 

daily records which list the following information for each 

graphic arts material (ink. fountain solution additives. 

clean-up solvents. etc.) employed in each printing line: 

m The name and identification number of each material 

employed. 

(ii) Documentation on whether or not each material 

employed is a photochemically reactive material. 

(iii) The qnaptity of each material employed. in gallons or 

pounds. 

(iv) The organic compound (QC) content of each material. 

in pounds per ~allen. or percent. by wei~ht. 

(v) The total or~ic compound emissions from·the printing 

line. in pounds per day (i.e. the product of (iii) x (iv) 

for each material employed) . 

(b) If no photochemically reactive materials are employed in the 

facility operations. the owner or operator of the printing 

facility is only reQ.J.Iired to maintain annual records as 

described in paragraph (A)(4)Qc)(iii)(c). 

(c) The owner or operator of the printing facility shall maintain 

annual records at the facility that list the following 

information for each graphic arts material (ink. fountain 

solution additives. clean-ru> solvents. etc.) employed in the 

facility during each calendar year: 

m The name and identification number of each material 

employed. 

(ii) Documentation on whether or not each material 
3745-31-03 34 

employed is a photochemically reactive material. 

(iii) The quantity of each material employed. in &allons or 

pounds. 

(iv) The organic compound content of each material. in 

pounds per gallon. or percent. by weight. 

(1d The individual HAP content for each HAP-containing 

material. in pounds of individual HAP per gallon of 

material. 

{vi) The total combined HAP content of each material. in 

pounds of total HAP per gallon of material. 

(vii) The annual summation of usage in gallons. or pounds. 

of each graphic arts material and photochemically 

reactive material employed if the facility elects to 

demonstrate compliance with the material usage 

limitations s.pecified in paragraph (A)( 4)(k)(c) of this 

permit-by-rule: or 

(viii) The annual summation of total facility emissions of 

VOC. individual HAP. and combined HAP from all 

graphic arts materials employed if the facility elects to 

calculate actual emissions to demonstrate compliance 

with the emission limitations ~ecified in paragraph 

(A)(4)(k)(b) ofthis permit-by-rule. 

(iv) Permit-by-Rule Specific Reporting Requirements. 

(a) If a small printing facility exempt under this paragraph should 

elect to operate under the permit-by-rule provisions for a 

midsize printing facility s.pecified by paragraph (A)( 4)Q) of 

rule 3745-31-03 of the Administrative Code. the owner or 

operator of such facility shall comply with the notification 

requirements of paragraph (A)(4)(a)(ii) of rule 3745-31-03 

of the Administrative Code prior to operating under the 

peunit-by-rule provisions for midsize printing facilities. 

(b) For any day when photochemically reactive materials are 

employed and the organic compound emissions from a 

non-flexographic printing line exceeded 40 pounds per day. 

the owner or operator shall submit a report to the 

appropriate Ohio EPA district office or local air agency that 

identifies the day. the printing line(s). and the actual organic 

compound emissions for that day. This report shall be 
3745-31-03 35 

submitted within thirty days after the exceedance occurs. 

(v) Testing Requirements. 

(q) Compliance with the annual material usage limitations and/or 

daily emission limitations. if applicable. shall be based upon 

the record keeping requirements specified in paragraphs 

(A)( 4)(k)(iii)(a) through (A)(4)(k)(jii)(c) of this rule. 

(b) For screen. lettemress. and non-heatset lithographic printing. 

compliance with the annual VOC emission limitation is 

based on the apnual material usage limitations. in gallons. 

multiplied by a maximum VQC content of 7.0 pounds per 

gallon. and divided by 2000 Pounds per ton. For digital 

printing. compliance with the annual VOC emission 

limitation is based on the annual material usage limitations. 

in gallons. multiplied by a maximum VOC content of 7.5 

pounds per gallon. and divided by 2000 pounds per ton. For 

water-based or UV -cured flexographic printing. compliance 

with the apnual VOC emission limitation is based on the 

appual material usage limitation. in pounds. multiplied by 

an assumed maximum YOC content of twenty five percent. 

and divided by 2000 pounds per ton. For solvent-based 

flexograpbic printing and heatset lithomphic printing. 

compliance with the annual VOC emission limitation is 

based on the annual material usage limitation. in pounds. 

multiplied by an assumed maximum VOC content of one 

hundred percent. and divided by 2000 pounds per ton. For 

all printing types. compliance with the annual HAP 

emission limitations is based on the annual material usage 

limitations specified in paragraph (A)( 4)(k)(i)(c)(i) of this 

rule. in gallons. multiplied by a· maximum HAP content of 

7.5 pounds per gallon. and divided by 2000 pounds per ton. 

(d An owner or qperator of the facility electing to demonstrate 

compliance with the annual VOC. HAP. and combined 

HAP emission limitations by calculating the actual facility 

emissions may use the actual material VOC contents and 

usage rates from records required by paragraph 

(A)(4)(k)(iii) of this permit-by-rule. The calculations shall 

be performed annually using methods approved by the Ohio 

EfA... 

(1) Mid-size printing facility permit-by-rule. 

(i) Qualifications. 
3745-31-03 36 

A printing facility that meets the following qualifications is 

eli&fule to use this permit-by-rule: 

(a) The facility has one or more printing lines which utilize only 

the screen. digital. flexographic. lettemress. non-heatset 

lithographic. or heatset lithographic printing processes. and 

which do not utilize acid-on emissions control equipment. 

(k) The facility emits no more than 25 tons of volatile orgarnc 

compounds (YOC). 5 tons of a single hazardous air 

pollutant CHAP) and 12.5 tons of combined HAPs in any 

rolling. 12-month period as demonstrated by either 

calculating actual facility-wide emissions. using methods 

ap_proved by the Ohio EPA. or by electing to comply with 

the material usage limitations s:pecified m paragraph 

(A)(4)Q)(i)(c) ofthis permit-by-rule. 

(c) In lieu of calculating emissions to demonstrate compliance 

with the facility emission limitations specified in paragraph 

(A)( 4)(l)(i)(P) of this permit-by-rule. the facility may elect 

to qualify for this permit-by-rule by meeting the following 

material usage limitations for all materials employed at the 

facility in any rolling. 12-month period: 

(i) Uses no more than 1.333 gallons of materials containing 

the same single HAP and no more than 3.333 gallons 

ofmaterials containing any HAfs. 

(ii) Uses no more than 1 .800 gallons of photochemically 

reactive materials. as defined in paragraph (C) of rule 

3745-21-01 of the Administrative Code. m 

non-flex.ographic printing operations. 

(iii) Operates only heatset offset lithographic printing lines 

and uses no more than 50.000 pounds of ink. cleaning 

solvent. and fountain solution additives combined: or 

(iv) Operates only non-heatset offset lithographic printing 

lines and uses no more than 7. 1 00 gallons of cleaning 

solvent and fountain solution additives combined: or 

6d Operates only digital printing lines and uses no more 

than 6.000 gallons of solvent from inks and clean-up 

solutions and other solvent containing materials 

combined: or 
3745-31-03 37 

(vi) Operates only screen or letterpress printing lines and 

uses no more than 7. I 00 gallons of solvent from inks 

and clean-up solutions and other solvent containing 

materials combined: or 

(vii) Operates only water-based or ultraviolet (!N)-cured 

material flexognwhic printin~ lines and uses no more 

than 200.000 pounds of water-based inks. coatings. 

and adhesives. combined: or 

(viii) Operates only solvent based material flexographic 

printing lines and uses no more than 50.000 pounds of 

solvent from inks. dilution solvents. coatings. 

clean-up solutions and adhesives. combined: or 

(ix) Operates any combination of screen. digital. 

flexographic. lettemress. non-heatset lithorrowhic. or 

heatset lithographic printing processes and the facility 

uses no more than the most stringent of the material 

usage limits contained in paragraphs (A)(4)Q)(iii) 

through (A)( 4)Q)(viii) above for the type of units at 

the facility. 

(d) The facility employs cleanup solutions which meet all of the 

following standards: 

(i) Cleanup solutions either shall not exceed 30 percent 

VOC. by weight. as awlied. or shall haye a VOC 

composite partial pressure of I 0 millimeters of 

. mercmy (mmHg) or less at 20 degrees Celsius {68 

degrees Fahrenheit). -

(ii) CleanlJl' solutions shall be kept in covered containers 

during tran~ort and storage. 

(iii) Shop towels contaminated with cleanup solution shall 

be ktmt. when not in use. in covered containers. 

(iv) The use of cleallUl' solutions not meeting condition 

(d)(i) above shall not exceed a combined total of II 0 

gallons in any rolling. I2-month period. 

(ii) Applicable Emission Limitations and/or Control Regyirements. 

(a) The applicable rules. emission limitations. and control 

requirements that apply to the facility subject to this 
3745-31-03 38 

permit-by-rule are defined in the following table: 

Applicable Rule(s) Applkable Emi~~iQn~ LimitatiQnsLCQntrQl 

R~uirements 

Paragnmh (A)(~) Qfrnle 3145-31-0~ Qfthe Ea£ility ~mi§~iQn~ ~hall nQt exceed 2~ tons 

Administrative CQde Q[VQC. ~ tQDS Qfa single HAP and 12-~ 

tQrui Qf !;;ombineg HAP~ fQI any r2lling, 

12-mQnth period. Complim1ce with thi~ mle 

1!l~Q inQluQ~::l com12lismc~ with th~ 

r~quir~ments QlPi!U!~ {G){2) Qfrnle 

J745-21-Q1 Qfthe Admini::ittl!tive Code, 

~~graph 00(2)(12) Qfrnle ~145-21-Q2 of Ex.empt frQm th~ reQYirement§ QfPi!U!fromh 

the Administrative Code (flexogmphic 00(1) ofrule 3745-21-09 ofthe 

presses Qnly) Admini~tta1iv~ C2d~ ::;inQ~ th~ qualifying 

Qriteria ~nsure that th~ Qombin~d maximum 

U§age Qf coating~ and inks in all press~~ !lt 

the faQility is l~ss thm1 148 tQn~ p~ y~ar. 

~~granh (G)(2) ofrnle 3745-21-Q1 Qfth~ Emis~iQnr:t Qf org;miQ QQmpoood~ from each 

Administrative Code non-fiexQgmphic printing lin~ shall not 

ex.Qeed 8 pounds p~ hQm ang 40 J:2Qunds 

per day on any day in which 

p)JQtQQhemiQally maQtive materials ~ 

~ 

(iiD MQnitQiing ami!Qr Record Keeping Requirements. 

(a) If phQtoQhemically reactive m!lterials are emplQyed in 

nQn-flexQgraphic wsses at the facility, tlle Qwner or 

operatQr Qf the printing facility shall maintain m011thly 

recQrds i!::l described in paragraph (A)(4)(D(iii)(c) as well as 

daily records which list tbe follQwing infQimatiQn [QI each 

graphic arts material (ink. fountain solutiQn additives, 

clean-u,p sQlvents, etQ,) empleyeg in each nrin1ing line: 

m The name and identificatiQn number of each material 

emplQyed, 

(ii) DQQUment!ltion on whether Qr nQt each material 

emnlQyed is a J:2hQtQchemically reaQ1ive material. 

(iii) The quantity of each material employed. in gallons or 

J:2QUDds, 
3745-31-03 39 

(iv) The organic compound (QC) content of each material. 

in pounds per gallon. or percent by weight 

(v) The total organic compound emissions from the printing 

line. in pounds per day (i.e. the product of (iii) x (iv) 

for each material employed). 

(b) If no photochemically reactive materials are employed in the 

facility operations. the printing facility is onlY required to 

maintain monthly records as descn"bed in paragraph 

(A)(4)Q)(iii)(c). 

(c) The owner or o.perator of the printing facility shall maintain 

monthly records at the facility that list the following 

information for each graphic arts material (ink. fountain 

solution additives. cleanup solvents. etc.) employed in the 

facility: 

m The name and identification number of each material 

employed. 

(ii) Documentation on whether or not each material 

employed is a photochemically reactive material. 

(iii) The qyantity of each material employed. in gallons or 

pounds. 

(iv) The organic compound (OC) content of each material. 

in pounds per gallon. or percent by weight. 

(v) The individual hazardous air pollutant (HAP) content for 

each HAP-containing material. in pounds of 

individual HAP per gallon of material. 

(vi) The total combined HAP content of each material. in 

pounds of combined HAP per gallon of material. 

(vii) The rolling. 12-month summation of usage in gallons 

of each wphic arts material employed if the facility 

elects to demonstrate compliance with the material 

usage limitations s.pecified in paragraph (A)( 4)(l)(i)(c) 

of this permit-by-rule: or 

{viii) The rolling. 12-montb summation of total facility 

emissions of VOC. individual HAP. and combined 

HAP from all graphic arts materials employed if the 
3745-31-03 40 

facility elects to calculate actual em1ssmns to 

demonstrate compliance with the emission limitations 

mecified in paragnwh (A)( 4)(l)(i)(b) of this 

permit-by-rule. 

(iv) Permit-by-Rule Specific Reporting Requirements. 

(a) For anY day when photochemically reactive materials are 

employed and the organic conmound emissions from a 

non-flexogra,phic printing line exceeded 40 pounds per day. 

the owner or qperator shall submit a re,port to the 

apprqpriate Ohio EPA district office or local air agency that 

identifies the day. the printing line(s). and the actual organic 

compound emissions for that day. This report shall be 

submitted within thirty days after the exceedance occurs. 

(v) Testing Requirements. 

(a) Compliance with the rolling. 12-month material usage 

thresholds and/or emission limitations shall be based upon 

the record kee,ping requirements s.pecified in paragnmhs 

(A)( 4)Q)(iii)(a) through (A)( 4)Cl)(iii)(c) of this rule. 

(b) For screen. lettemress. and non-heatset lithographic printing. 

compliance with the annual VOC emission limitation is 

based on the annual material usage limitations. in gallons. 

multiplied by a maximum VOC content of 7.0 pounds per 

gallon. and diyided by 2000 pounds per ton. For digital 

printin2. compliance with the apnual YOC emission 

limitation is based on the apnual material usage limitations. 

in gallons. multiplied by a maximum VOC content of 7.5 

pounds per gallon. and divided by 2000 Pounds Per ton. For 

water-based or UV -cured flexographic printing. compliance 

with the annual VOC emission limitation is based on the 

annual material usage limitation. in pounds. multiplied by 

an assumed maximum VOC content of twenty five percent. 

and djyided by 2000 pounds per ton. For solvent-based 

flexographic printing and heatset lithographic printing. 

compliance with the annual VOC emission limitation is 

based on the apnual material usage limitation. in pounds. 

multiplied by an assumed maximum VOC content of one 

hundred percent. and divided by 2000 pounds per ton. For 

all printing types. compliance with the apnual HAP 

emission limitations is based on the appual material usage 

limitations s.pecified in paragraph (A)( 4)(1)(i)(c)(i) of this 

rule. in gallons. multiplied by a maximum HAP content of 
3745-31-03 41 

7.5 pounds per gallon. and divided by 2000 pounds per ton. 

(c> An owner or operator of the facility electin~ to demonstrate 

compliance with the annual YOC. HAP. and combined 

HAP emission limitations by calculating the actual facility 

emissions may use the actual material VOC contents and 

usage rates from records required by paragraph (A)( 4)ill(iii) 

of this permit-by-rule. The calculations shall be performed 

using methods approved by the Ohio EPA. 
3745-31-03 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

07/19/2005 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

07/29/2005 

05/31/2006 

119.03 

ORC 3704.03 

ORC 3704.03 

111/74, 8/15/82, 9/18/87, 8/14/89, 10/8/93, 6/1/94, 

4/12/96,4/27/98, 11/30/01, 10/17/03 

42 
Article II 

Copy of Public Notice and 

Director's Findings & Orders 
I DATE::: 07 !I 9105 11:19 A1'vlj 

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 adopted amended rules 3745-31-03 of the 

Administrative Code. 

The primary purpose of this rulemaking is to amend Ohio Administrative Code ("OAC") 

3745-31-03 to incorporate six new permit-by-rule provisions and to modify several 

permanent exemptions. These amendments will exempt owners or operators of various 

types of low-emitting air pollution sources from the need to obtain a permit-to-install. 

A public hearing on the proposed amendments was held on April 21, 2005, in 

Columbus, Ohio. There were no comments or testimony received during the public 

hearing, but several parties submitted comments during the comment period. The 

comments were thoroughly reviewed and considered by the Ohio EPA. No changes 

were made to the proposed rules as a result of public comment. The Director's order of 

adoption was issued on July 19, 2005. The effective date of these rules is July 29, 2005. 

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 Mr. Rick Carleski, c/o 

Ohio EPA, Division of Air Pollution Control, Lazarus Government Center, PO Box 1049, 

Columbus, Ohio 43216-1049 or call Mr. Carleski at 614-728-1742. This rule is 

available on the Web page for electronic downloading by scrolling down to OAC 37 45-

31-03, "Permit to Install exemptions". The URL is: The URL is: 

http://www.epa.state.oh.us/dapc/regs/regs.html. This action of the Director is final and 

may be appealed to the Environmental Review Appeals Commission (ERAC) pursuant 

to Ohio Revised Code Section 3745.04. 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 of the appeal must 

be served upon the Director of the Ohio EPA within three (3) days of filing with ERAC. 

Ohio EPA also requests that a copy of the appeal be served upon the Environmental 

Enforcement Section of the Ohio Attorney General's Office. 
BEFORE THE OHIO E.P.A. 

OHIO ENVIRONMENTAL PROTECTION AGENe~ 19 2005 

:.rHEf\ED OIR!::CTOR'S JOURNAL 

In the Matter of: 

The Adoption of Amended 

Rules 3745-31-03 

of the Ohio Administrative 

Code 

·, . ~ ......... :,.,.;., ......:;,;...!..;. ~~-~~------:....'·=·:.:-.~=··.1.:=.~ 

Director's Final Findings and 

Orders 

FINDINGS AND ORDERS 

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 

April 21, 2005, in Columbus, Ohio, and that all interested persons were 

afforded the opportunity to be heard; and 

2. That upon due consideration, the adoption, in final form, of the proposed 

amended rules 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 proposed amended rules 3745-31-03, of the Ohio Administrative 

Code be adopted in final form. 

It is further 

ORDERED that the effective date of said a~ended rules shall be Ju..llf J Cf, ~ 
It is further 

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

amended rules, in final form, 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 b:i w. -

Issued at Columbus, Ohio this 1.9_ day of __ J_u.4___,(fF-+----'' 2005. 

2 
Article Ill 

Copy of ORC 3704.02 and 

3704.03 
Anderson's OnLine Documentation 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. 

HISTORY: 138 v S 258 (Eff 12-19-80); 145 v S 153. Eff 10-29-93. 

, , • 1 • I 1 It ~ i 111/T'\.,......~,..,, .. ,........,nA/4r..r..r-J4r..r..-i14'"'\/"'>. 
Anderson's OnLine Documentation Page 1 of6 

§ 3704.03. Powers of director of environmental protection. 

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 cont:anllnants, 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 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 

may or may combine to affect air pollution. 

Consistent with division (K) of section 3704.036 [3704.03.6] 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 
Anderson's OnLine Documentation Page 2 of6 

rules adopted under this division. 

(F) 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 priri:tarily to prevent or control the emission 

of air contaminants unless an installation permit therefor has been obtained from the director or his 

authorized representative. 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 37 45.11 of the Revised Code and upon the 

right of his 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 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. 

(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 his authorized representative, 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 five 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 

· 37 45.11 of the Revised Code and upon the right of his 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 his 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 
Anderson's OnLine Documentation Page 3 of6 

air contaminant source to comply with applicable ennsswn 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 adequate methods for establishing compliance with the restrictions. In other 

respects, operating permits issued pursuant to this division are enforceable as state law only. No 

application shall be denied or permit revoked or modified without a written order stating the findings 

upon which denial, revocation, or modification is based. A copy of the order shall be sent to the 

applicant or permit holder by certified mail. 

(H) Adopt, modify, and rescind rules governing the issuance, revocation, modification, or denial of 

variances that authorize emissions in excess of the applicable emission standards. 

No variance shall be issued except pursuant to those rules. The rules shall prescribe conditions and 

criteria in furtherance of the purposes of this chapter and consistent with the federal Clean Air Act 

governing eligibility for issuance of variances, which shall include all of the following: 

(1) Provisions requiring consistency of emissions authorized by a variance with timely attainment and 

maintenance of ambient air quality standards; 

(2) Provisions prescribing the classes and categories of air contaminants and air contaminant sources for 

which variances may be issued; 

(3) Provisions defining the circumstances under which an applicant shall demonstrate that compliance 

with applicable emission standards is technically infeasible, economically unreasonable, or impossible 

because of conditions beyond the control of the applicant; 

(4) Other provisions prescribed in furtherance of the goals ofthis chapter. 

The rules shall prohibit the issuance of variances from any emission limitation that was applicable to a 

source pursuant to an installation permit and shall prohibit issuance of variances that conflict with the 

federal Clean Air Act. 

Applications for variances shall be accompanied by such information as the director may require. In 

issuing variances, the director may order the person to whom a variance is issued to furnish plans and 

specifications and such other information and data, including interim reports, as the director may require 

and to proceed to take such action within such time as the director may determine to be appropriate and 

reasonable to prevent, control, or abate his 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 37 45.11 of the Revised Code and upon the right of his 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. The director 
Anderson's OnLine Documentation Page 4 of6 

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 his 

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 person responsible for any 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. 

(J) Establish, operate, and maintain monitoring stations and other devices designed to measure air 

pollution and to 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; 

(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 his 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; 

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Anderson's OnLine Documentation Page 5 of6 

(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 his 

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 his authority and perform 

duties imposed upon him 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 which 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 his 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, 

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) Adopt procedures under which the director shall consider best available technology for the pollutants 

regulated by the new source performance standards established pursuant to the federal Clean Air Act in 

order to establish emission limits in installation permits issued pursuant to division (F) of this section. 

The emission limits shall be equivalent to those new source performance standards unless the standards 

are more than five years old or have not been reviewed by the United States environmental protection 

agency for more than five years. In determining what technology is best for a specific source 

application, the director may consider the extent to which a technology generates pollution or waste 

other than air emissions and shall approve the most cost effective among essentially similar efficient 

control technologies as demonstrated by the permit applicant to the satisfaction of the director. Any 

facility that is subject to the federal prevention of significant deterioration regulations and major new 

source review shall comply with those regulations. 

(U) Consistent with section 507 of the federal Clean Air Act, adopt, modify, suspend, and rescind rules 

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Anderson's OnLine Documentation Page 6 of6 

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. 

IDSTORY: 132 v H 689 (Eff 11-24-67); 133 v H 1 (Eff3-18-69); 134 v S 370 (Eff 12-23-71); 134 v S 

397 (Eff 10-23-72); 138 v S 258 (Eff 12-19-80); 139 v H 694 (Eff 11-15-81); 144 v S 359 (Eff 12-22-

92); 145 v S 153. Eff 10-29-93. 

t_...._./1 __ ,: __ ..1 _____ ...~ ________ ,_,_,_. __ - I 1 It~, 'f't'ff'r't._,...,._,,.,..._,..,.,..,,.. .... __ , ____ -~