# Article .I 

# Certified Copy of Rules3745-31-03 Permitto 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 ofrule 3745-31-01 ofthe Administrative Code.)
(A) A permit to install as required by rule 3745-31-02 ofthe 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 ofdetermiping whether a facility constitutes a major source oris otherwise regulatedunder Chapter 3745-77 ofthe Administrative Code or any reqyirement to list insignificant activities and emission levels 

### in a Title 

### Y permit application. In addition.; this rule does notrelieve the ownerorcwerator from the requirement ofincluding the emissions associated with the exempt sources into any majornew sourcereviewpermitting action.]
(1) Permanent exemptions:
The following exemptions do not apply to a eomeffia.tioB: of eoffiffi:OB: 

### emissioB:S U:B.its that 

### are amajor smtioB:fl:l)' souree ormajormoclifieatioB:; 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**  fef40 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 priorto 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 woodheaters1.
(a) Fossil fuel-fired boilers, preheaters, air heaters, water heaters, or heaters used for otherheat 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 percentbyweight sulfur), or liquidpetroleum gas. (b) Fossil fuel or wood fuel-fired boilers, preheaters, air heaters, or water heaters less than one million British thermal units perhour except units burning waste fuels orwaste oil.3745-31-03 2

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

### units perhour 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 theproducts 

### er.Qfcombustion from fuel and water vapor and where no melting or refining occurs nor where any burning ofany material occurs. (d) Tumblers used for the cleaning or de burring of metal products without abrasiveblasting.
(e) Equipment used exclusively for the packaging of lubricants or greases, andwater-borne adhesives, coatings orbinders. (f) Equipment used exclusively for the mixing and blending ofmaterials at ambient temperature to make water-borne adhesives, coatings or binders. (g) Bakery ovens thatbake:
(i) Chemicallyleavenedproducts; 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 orequal to one thousandpounds perhour

. (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 andintended for human consumption.
(i) Laboratory equipment and laboratory fume hoods used exclusively for chemical orphysical analyses andbench scale laboratory equipment.
(j) Photographic process equipment by which an image is reproduced upon material sensitizedto radiant energy.

### 3745-31-03 3

(k) 

### Equipment used for injection molding ofresins where no more than one million pounds of resins (thermoplastic or thermosetting) per rolling twelve-monthperiod are used 

### in injection machines atthe 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 ofthis rule; or (ii) 

### Pressurized storage for inorganic compounds or propane, butane, isobutane, and liquidpetroleum gases; or (iii) Liquids with a capacity ofless than 

### sevenhundred gallons; or (iv) Liql:ti$ \'fi.1:8 

### a eapaeity ofless 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 ofparagraph (P) 

### of rule 3745-21-09 ofthe 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. ofless 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 60.111b. of less than 3.5 kilopascals (0.508 pounds per square inch absolute): or M(yjj} Acids (as defmed in the most reeeBt eeitiofl ofthe chemical meeer eempe:ayChemical Rubber Company (CRC) he:adbookof chemistry e:e:El physiesHancibook of Chemistzy and Physics) stored in tanks 

### less than or equal to seven thousand five hundred3745-31-03 

### 4

gallonscapacity.
(m) Compressionmolding presses used for the curing ofplastic products that qualify for the de minimis exemption under rule 3745-15-05 of the Administrative Code. This type ofpress 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 stateusing a hardening orcuring 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) Therelocation ofanyportable source in the state ofOhio thatmeets either paragraph (A)(l)(p)(i) orparagraph (A)(l)(p)(ii) ofthefollowing:
(i) Thecompanyhas demonstratedthe following:
(a) The portable source is equipped with the best available technology for suchportable 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 ofintent to relocate the portable source to the director within a minimum

.of thirty days priorto the scheduledrelocation; and (d) 

### In the director's judgment, the proposed site is acceptable underrule 3745-15-07 ofthe Administrative Code, or (ii) The directorhas issued a site approval for the new locationpursuant to rule 3745-31-05 oftheAdministrative Code.
(q) A drycleaning facility constructed between January 1, 1974 and .December 31, 1981 in which the annual amounts offabric 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 andWood counties.
(r) Noncontinuous solventrecycling orreclaiming units with less than twenty gallons capacity.
(s) Nonheat-set or sheet-fed presses with an organic compound potential to emitoflessthanthreetons peryear. (t) An incinerator designed·and used to dispose of residential wastes and having a capacity for serving nomore than five households.
(u) Equipment used for spraying or applying insecticides, pesticides and herbicides except at facilities producing these substances or mixtures for sale ordistnbution.
(v) Combustorsused exclusively for thepurpose ofresearch and development ofmore efficient combustion ofcoal ormore effective prevention ofair pollutant emissions from coal combustion, less than ten million British thermal units per hour and an annual average capacity factor of not more thantwentypercent
(w) Solvent cold cleaners that meet the provisions ofparagraph (0) ofrule 3745-21-09 ofthe Administrative Code and have a liquid surface area less than or equal to ten square feet or a reservoir opening ofless than six inches in diameter.
_(x) Ink-jetprinters.
(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 ofparticulate per dry standard cubic foot ofexhaust gas with less than four thousand acfm volume, venting inside a building, and emitting less than tenpoundsperday ofnonparticulate aircontaminants.
(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 aircontaminants.3745-31-03 6

(aa) Parts washers andrinse

### tanks using detergent cleaners

. (bb) Aluminum die

-castingmachines.
(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 ofthe 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, orWoodcounties. (ff) Gasoline dispensing facilities, as defined in paragraph (H) of rule 3745-21-01 ofthe Administrative Code, or other motor fuel dispensing facilities that have an individual maximum annual throughput of less than sixthousand gallons ofgasoline peryear. (gg)

### Air separationplants.

-(hh) All maintenance welding.

(ii) Arc welding where emissions ofparticulate matter are vented to a control device locatedandventedinside thebuilding.
(jj) Passive methaneventing 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) Notlocated 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 ofthe Administrative Code,
(iii) Not subject to federal standards ofperformance for new stationary sources; and
(iv) Not located at a facility with actual emissions oftwenty-five or more tons of volatile organic materials per year and are not subjectto a standardunder section 112 ofthe Clean

### AirAct.
(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 percentbyweight 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 orequal to 0.5 percentby weight sulfur), or liquidpetroleum gas
. (oo) 2-stroke or4-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 similaruses. (pp) Non-road engines, subject to the following provisos:
(i) Consistent with this exemption and pursuant to ORC section 3745.11(T)(3), permitto install fees for the installation ofexempt 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 notyetpaidthe 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 method9.3745-31-03 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 airpollution emission limits andpolicies.
(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 obtaina permitto 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 humanhealth, property orthe 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 leakingunderground storagetank for a periodnot to exceed sixmonths.
(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 ofup to six months for purposes ofresearch and development ofmore effective prevention or control of airpollutant emissions orofmore efficientcombustion ofcoal.
(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 morethan two calendaryears. (f) The director, at his discretion and 

### in writing, may exempt the temporary3745-31-03 9

modification of an air contaminant source from the requirements to obtain a permitto install for a period ofup to sixty days for the purpose ofevaluating newproduction feasibility and/or airquality 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 periodofthe 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 informationto 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 ofthe 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 ofa 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 eJEemptedl:lB:derthis rttle ftftd these records are retaifted iB 

### the O'Nfter or operator's files for aperiod ofB: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 aormalb: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 ofincluding the emissions associated with the exempt sources into any majornew sourcereview 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) RecordKeeping 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 inthe 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 ofthe directorfor review during normalbusiness hours. (ii)Notification Requirements for NewInstallations
For the pull?Oses of this paragraph. a new permit-by-rule air contaminant source is an aircontaminant source installed afterthe e:ffectiye date of the applicable permit-by-rule or the effective date ofthe general provisions ofthe 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 Managerand shall contain the following information:**(~)** The owner oroperator's 

### and the facility contact's name: (Q) The facility mailing address and tele,phone number: 

### (dThe location ofthe 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 ExistingPermitted Sources
The owner or operator of an air contaminant source which is operating under an existing permit to install and/or permit to3745-31-03 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 permitto 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/orpermitto operate are revoked (iv) NotificationReQYirements 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 ofthe elements required in theNew Installations paragraph (ii) above. This notification shall be submitted to the Ohio EPA. Division of Air Pollution Control. Permit Management Unit Managerand shall be submittedwithin one calendaryearfrom the date this paragraphbecomes 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 offive 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 ofany 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 ofthe date the deviation occurred. The re_port shall describe the**~ecific** limitation and/or operational restriction exceeded. the probable cause ofsuch deviation. and any corrective actions of preventive measures thathave been or

### will be taken. (vii) ScheduledMaintenance/MalfunctionReporting Any scheduled maintenance of air pollution control equipment shall be performed in accordance with paragraph (A) of rule 3745-15-06 ofthe 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 thatrule. any scheduled maintenance ormalfunction necessitating the shutdown orbypassing ofany air pollution control system(s) shall be accompanied by the shutdown of the emissions unit(s) that is (are) senredby 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 percentbyweight sulfur), or liquidpetroleum gas andthat maintainthe following records:
(i) Monthly records that contain the rolling twelve month hours of operation; and3745-31-03 13

(ii) Records that show the type offuel used and the sulfur content (in percentbyweight) ofany distillate oilused. 

## 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) ofrule 3745-31-03 ofthe 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-monthperiod; and


### (a) The facility uses no thermoset resins and no more than six million pounds ofthermoplastic resins (e.g., polyethylene, polypropylene, polycarbonate, and polyvinyl chloride, etc.) perrolling twelve-monthperiod in injection machines atthe facility (this type ofmolding 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 ofmolding 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 orcuring operation.); or (iii) No more than three tons peryear ofvolatile 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 calculatedbyusing emission factors approvedby the Ohio EPA; and
(iv) The facility maintains monthly records that contain the rolling3745-31-03 14

twelve-month usage ofthermoplastic 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 usedto 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 tonsperhour) 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 perhour) or less;
(iii) Common clay plants and pumice plants with capacities, as defined in 40 CFR 60.671, of9 megagrams perhour (10 tons perhour) 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) orless**~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 perday; and
(b) Pressure drop readings across the control device as applicable; and
(c) Meter readings ofquantities ofwater used for wet scrubbing and spray applications as applicable; and
(d) Operating hours ofthe crushing andgrinding 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 ofthe remediation site.
(ii) A description ofthe nature and type ofcontamination atthe site.
(iii) A description ofthe vapor extraction processes to be used in the remediation activities.
(iv) An estimate ofthe air 

### contaminant emissions in 

### ppm by volume, poundsperhour and tons peryear. (v) A description ofthe costs ofthe vapor control equipment to beused to control emissions from the remediation activities.
(vi) A description ofthe projected start date ofthe remediation project, a list ofthe project milestones and an estimate ofhow long the remediation activities will

### operate.
(vii) 

### A notice ofwhen 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 aperiod of 18 months from the beginning ofthe 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 ofthe remediation site.
(ii) A description ofthe nature and type ofcontamination atthe site.3745-31-03 

### 16

(iii) A description of the liquid extraction and liquid-vapor stripping processes to beused in the remediation activities.
(iv) An estimate ofthe air contaminant emissions in ppm by volume, poundsperhour and tons peryear. (v) A description ofthe costs ofthe vapor control equipmentto be used to control emissions from theremediation activities

. (vi) A description ofthe projected start date ofthe remediation project, a list ofthe project milestones and an estimate ofhow long the remediation activities will operate.
(vii) A notice ofwhen the soil-liquid extraction remediation activities begin, when major project milestones are met and when the remediation activities are completed. (g) Auto bodyrefinishing facility permit-by-rule. (i) Qualifications. 

### An auto body refinishing facility that meets all ofthe following qualifications is elig1ble to usethis permit-by-rule: (a) The facility has two or fewer paint spray booths used for painting. {Q) The facility does notdo more than 50 iobs perweek.**(~)** The facility does notuse more than 3.000 gallons combined of all coatings. solvents. and other volatile organic compound (YOC) containingmaterials in anY calendaryear. (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 equippedwith either a 

### dzy filtration orwater wash system(s) to capturepaint ovewray. (e) The facility applies any paint or coatings by one of the following means: high volume low pressure (HYLP) s.pray equipment. orelectrostatic application equipment. 

### (j) The exhaust stack(s) ofeach paint spraybooth atthe facility:3745-31-03 17

(i) Is equipped with a fan designed to achieve an exhaust flow capacity ofat least ten thousand cubic feet per minute. (ii) Discharges air contaminants in a vertical direction_ without obstructions like rain caps. goose neck exhaust. orotherobstructions. (iii) Has a stack height which is at least sixteen feet. as measured from ground level to the point ofdischarge to the atmos.phere. (iv) Has a point ofdischarge no closer than sixty feet to the nearest facility property line. (ii)Applicable Emissions Limitations and/or Control Requirements.

ApplicableRule(s) (a) The applicable rules. emissions limitations and control reqyirements that apply to the facility subject to this permit-by-rule are defined inthe 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** 

### airpQllutant::; iliAP) shallnot exceed

### 2poundsperhQur and 

### 11

r7 tQ!l§ per**Y~ar. Ea~ility** **~missiQDS** Qf

## a**singl~** HAP shallnotexceed

### 4.5 pQunds perhomand**~.8~** tQns**p~r y~ar,** 

- £aragraph 

### (J.D(l) Qfrnle 

### 3145-21-02 ofthe This**Qp~ration** is exem12t from**th~** Administrative Code**~Quiremen!§** ofthisrule pY!]uant to ,t2mgraph**(J.D(2)(~)** Qfrnle**n4~-21-Q2** of**th~ Administrativ~** **CQd~,** (iii) OperatiQnal Requirements, (a) The owner or operatQr ofthe 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 Qfthe respective manufacturers in Qrder tQ mmtmtze air CQntaminant emissions.3745-31-03 

### 18

(b) Paint application equipment shall be cleaned using one or more ofthe 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 whennot inuse. (iii) 

### In a reservoir that allows for disassembly and cleaning ofa;wlication equipment and that is ktWt closed when notinuse. (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) Ifa water wash systemis employedto control paint overspray. the facility shall comply with all ap,plicable state and federal rules and regulations pertaining to the handling. treatment. ordischarge ofwaste water. (iv) Monitoring and/orRecord 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 calendaryear: (i) The name and identificationnumberofeach material. (ii) The quantity of each material used or purchased. m gallons

. (iii) The volatile organic compound (YOC) content ofeach material. inpoundsper gallon. (iv) The total volume. in gallons. of all VOC-containing materials used orpurchased. (b) The owner oroperator ofthe facility shall maintain a record of the numberofjobs performedperweek.**(~)** The owner or operator of the facility shall maintain3745-31-03 19

documentation which demonstrates each exhaust stack complies with the design reqyirements listed in paragraph (A)(4)(g)(i)(0 ofthis 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) ofthis rule. (b) Compliance with the hourly VOC!combined 

### HAP emission limitation is based on multiplying the maximum ofone 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 of4.5 pounds single

### HAP perjob. (c) Compliance with the annual tons per year VQC/combined 

### HAP emission limitation is based on multiplying the maximum number ofjobs 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 ofjobs per week (50) by an emission factor of4.5 pounds single HAP per job by 52 weeks per year and dividingby 2000pounds perton. (b) Gasoline dispensing facility with Stage I controlspermit-by-rule. (i) Qyalifications.
A gasoline dis.pensing facility. as defined 

### in paragraph

## CID ofrule 3745-21-01 ofthe 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 touse this permit-by-rule: (a) Is located in Delaware. Franklin. Licking. Lucas. Mahoning. Stark. Trumbull. andWood counties

.



### . (k> Has all gasoline storage tanks equiru>ed with submerged fill pipes. as defined inparagraph (H) ofrule 3745-21-01 ofthe Administrative Code. (<:2) E:nwloys a Stage I vapor balance or vapor control system in3745-31-03 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 oftheAdministrative Code

. (d) Has a gasoline throughput of less than three million eight hundred thousand gallons peryear. (ii) Applicable EmissionLimitations 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 inthe 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** notexceed 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 ofthe**Administratiy~** CQde, Paragrnph (R)**Q(rul~ ~745-21-02** **Qfth~** The contrQl efficiency Qf**th~** vapor**balan"'~** Administrative Code orvaQor control**~~tern ~hall**  :Qe at**lea~t**



## - ninetypgcentby 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 vapQrbalance system shall bekept in good wmking order and shall be used at all times duringthe transfer ofgasQline, (lz) There shallhe no leaks in the delivezy vessel pressure/vacuum reliefvalves and hatch cQvers. (c) There shall be no leaks inthe vapor lines or liquid lines during the transfer Q(gasQline,3745-31-03 21

(d) The transfer ofgasoline 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 ofthe bottom of the storage

### tank.**(E~)** All fill caps shall be "in place" and clamped during normal storage conditions. 

### (j) The owner orqperator ofthe facility shall rsmairwithin 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 ofthe lower explosive limit as propane. as determined under paragraph (K) ofrule 3745-21-10 ofthe Administrative Code. (iv) Monitoring 

### and/orRecordkeepingRequirements. (a) The owner orqperator ofthe facility shall maintain records of the results of

### any leak checks. including

..at a minimum. the following information: (i) Date ofinS,t>ection. (ii) Findings (may indicate no leaks discovered or location. nature. and severity ofeach 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 oroperator ofthe 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 shallbe reported to the appropriate Ohio EPA3745-31-03 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) ofthis permit-by-rulebut shall complywith the followinireQJ.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 ofthree years. (ii) The owner or qperator shall notify the applicable Ohio EPA district office or local air agency ifthe 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 eighthundred 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) ofrule 3745-21-01 ofthe 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 usethis 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. andWarren 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 ofthe Administrative Code. unless exempted from Stage I requirements pursuant to paragraph (R)(4) of rule 3745-21-09 ofthe 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 ofthe provisions ofparagraph (DDD)(4) ofrule 3745-21-09 ofthe 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 byparagraph (H) of rule 3745-21-01 ofthe Administrative Code.] (e) Has a gasoline throughput ofless than sixteen million gallons peryear. (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 inthe 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 shallnot 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** withthe**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 Qfthe Stage 

### I vapQr3745-31-03 24

Administrative Code bal!lllCe OI vanorCQntrQ}**§~§tem** shallhe 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 

### IIvanQr Administrative CQde contrQl**~stem** shall he at**l~a~t nin~~-fiv~**  ner!;;ent**h~** weightfQI**VQ}atil~** Qiganic Qom12ounds.
(iii) Onerational Resttictions, (a) The owner or**w~ator** shall**comnl~** with the follQWing onerationalrestrictions for the Stage 

### I vanorcontrol**~stem:** 

# m The vanorhahmce**~stem** shall he ke,pt in goQd working Qrder and shall he used at all times during the transfer ofgasoline, {ii) There shall be nQ leaks in the delivezy vessel presswe/vacuumreliefvalves mdbatch cQvers. (iii> There shall he nQ leaks intbeva12or lines Qr liquidlines duringthe transferofgasQline, {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 heinstalled so they are within six (6) inches Qfthe bQttom Qfthe stQrage

### tank.
(v) All fill cans shall he "in place" 

### and clarrwed during normal storage conditionS. (vi) The owneroronerator Qfthe**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 detmnedunder 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 CARB3745-31-03 25

certification. and all requirements ofparagraph CDDD)Cl) of rule 3745-21-09 oftheAdministrative Code. (iv) Monitoring and/orRecord Kee.ping Requirements. (a) The owner or operator shall maintain records ofthe results of any leak checks. including. at a minimum. the following information: (i) Date ofins.pection. (ii) Findings (may indicate no leaks discovered or location. nature. and severity ofeachleak). (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 ofthe facility shall maintain records of the annual gasoline and diesel/kerosene/used oil (if ap_plicable) throughput forthe 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 ofthe 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 ofthe 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 afterthe 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 ofthe 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) 

### ofrule 3745-21-09 oftheAdministrative 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 laterthan thirty (30) days priorto 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 proposedtest methods and

### procedures. the time and the date ofthe tests. and 

### theperson 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 ofthe 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 ofany tests. the facility shall complete and retain on site a copy ofthe

### 3745-31-03 27

post test ins.pection form contained in Appendix C ofrule 3745-21-10 oftheAdministrative Code. (b.> 

### The owner or o.perator ofthe gasoline dis.pensing facility shall perform and comply with any vapor control system tests (i.e

.. static leak tests. air-to-liquidratio. 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. 

### Ifthe awlicable CARB certification for the vapor recovery system does not include such testin.2" requirements. the owner or o.perator shall. at a minimum complywith the static leak

### and dynamic pressure test regyirements 

## at intervals s.pecified in paragraph (DDD)(2) ofrule 3745-21-09 oftheAdministrative 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 of3.1 pounds oforganic compounds per 1

000 gallons ofgasoline and 

### dividing by 2000 pounds per ton. The OC emissions from all diesel. kerosene. and used oil tank 

### filling and dispensing operations. ifpresent 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 orlocal air agency upon request. (j)

### Boilerand heaterpermit-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 not3745-31-03 

### 28

eligible to use this permit-by-rule.]
(a) The maximum rated heat input capacity ofthe unit is greater than ten million British thermal units (Btu) Per hour and less than or egyal to one hundredmillion Btuperhour. (b) The unitis capable ofburning onlynatural gas.**(~)** The emissions from the tuiit consist entirely ofthe 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 ofnot 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 inthe 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 12ursuanttoparagrru;!h (A)(3) of**ml~ n4~-3l-0~** **Q(th~** Administrative**~** flmlgrm2h (B)**Q(ml~** n42-17-lQ Qfthe**farticulat~** matter**~mi~~iQDS** shallnQt AQrrrinistra!ive CQde**ex~eed** Q.Q2Q PQliDQ 12ermilliQn Btu Qf actualheatinput.**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!trye!lr. Nitrogen**QXide~ !dlli~::;iQJl~**  

### Shi!llDQt**~~~eg ~.Q**  

### J20UDQS ,12e[ hQur !lllQ 

### 21.2Q tQns ,12!tryew:, CarbQD**mQJlQxid~** 

### emi::iSiQns sh!!ll nQt**e3,~eed 8.2~**  

### 12ounds 12er hour and**~6.07 to~**  

### 12eryear, Organic comJ2QYllQ**~missiQn::;** 

### shall not**~c~ed** 

### l.Q8 ,12ounds 12!trhQill: 1md**~.12** 

### tQns**12~r Y~!lr.**  

### Sulfur**diQxid~ ~missiQns** **~hi!ll** 

### nQt**~KQ~~d** 

### Q.QQ ,12ound 12erhQYI !!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**  

### Qfthis**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;12artDe**Thi~** 

### regylatiQn**dQe~** 

### nQ!**~ecif.y emis~iQil**  

### limitations fQrunits 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 Qfthe unit. documentation showing the maximum rated heat in;12ut ca12acizy Qfthe unit(s) and eyidence thatthe unit(s) can Qnzy fire natural gru;. (Q) 

### The QW!ler Qr QJ2erator shall maintain monthly reQQids Qfthe tQtalwmmtQfnatural 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 ;12riorto such date).3745-31-03 30

(iii) Actual start-up date (within fifteen days after such**~** (iv) Date ofperformance testing (ifrequired. at least thirty days priorto testing). (v) The maximum rated heat input capacity of the unit(s) and the type offuel(s) fired (no later than thirty days afterinstallation date). (v) Testing Requirements.**(~)** Compliance with the hourly emission limitations is based on multiplying the maximum hourly gas firing capacity ofthe unit (in million cubic feet per hour) by the emission factor SJ?ecified by the United States environmental protection agency 

### in Section 1.4 ofthe "Compilation ofAir Pollutant Emission Factors (AP-42)". 

### (inpoundpermillion 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 ofthe "Compilation ofAir Pollutant Emission Factors (AP-42)" by 1.020. Ifrequired 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 inAppendix 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 ofthe eQYipment and 8.760 hours peryearofoperation.**(~)** If

### required by the Ohio EPA. compliance with the visible particulate emissions limitations shall be demonstrated in accordance with Method 9 ofA,ru>endix A. 40 CFRPart 60. ($) Small printing facility pennit-by-rule. (i) Qualifications.
A printing facility that meets the following qualifications is eligible touse 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 notutilize add-on emissions control equipment. (Q,) The facility emits no more than 10 tons ofvolatile 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. orby electing to complywith 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) ofthis 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 calendaryear: (i) Uses no more than 1.333 gallons ofmaterials containing the same single 

## HAP and no more than 2.667 gallons ofmaterials containing any HAPs. (ii) Uses no more than 1.000 gallons ofphotochemically reactive materials. as defined in paragraph (C) ofrule 3745-21-01 of the Administrative Code. in non-flexographicprintingoperations. (iii) Operates only heatset offset lithographic printing lines anduses 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 ofcleaning solvent. and fountain solution additives combined: or (v) Operates only digital printing lines and uses no more than 2.425 gallons ofsolvent 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 ofsolvent from inks3745-31-03 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 printinglines 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 ofthe material usage limitations contained in paragraphs (A)(4)(k)(iii) through (A)(4)(k)(viiD above for the type ofunits at the facility. (ii) Ap_plicable Emission Limitations and/or ControlRequirements. (a) The awlicable rules. emissiOns limitations and control requirements that awly to the facility subject to this permit-by-rule are defined inthe 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.**  Compliancewith 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** Qfparagra: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 perys;ar.**~aragnmh** (Q)(2) ofrule**~74~-21-Q1** ofthe EmissiQns Q[Qrganic !;;Qmpounds frQm eaQh Administrative**CQd~** nQn-flexognmhiQ printing**lin~** sball nQt3745-31-03 33

exceed 8poundsperhour and40pounds Per

### daY on any day inwhich photochemicallyreactive materials are**~** (iii)**Monitorin~** and/orRecord KeepingReQ.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 eachprintingline: 

# m The name and identification number of each material employed. (ii) Documentation on whether or not each material employedis a photochemicallyreactive material. (iii) The qnaptity ofeach material employed. in gallons or pounds. (iv) The organic compound (QC) content ofeach material. inpoundsper**~allen.** orpercent. 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 eachmaterial employed)

. (b) Ifno 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 inparagraph (A)(4)Qc)(iii)(c). (c) The owner or operator ofthe 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 calendaryear: 

# m The name and identification number of each material employed. (ii) Documentation on whether or not each material3745-31-03 34
employed is aphotochemicallyreactive material. (iii) The quantity ofeach material employed. in &allons or pounds. (iv) The organic compound content of each material. in poundsper gallon. orpercent. byweight. 

### (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 oftotal

## HAP per gallon ofmaterial. (vii) The annual summation ofusage in gallons. orpounds. 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) ofthis 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 ifthe facility elects to calculate actual emissions to demonstrate compliance with the emission limitations**~ecified** in paragraph (A)(4)(k)(b) ofthispermit-by-rule. (iv) Permit-by-Rule Specific Reporting Requirements. (a) Ifa small printing facility exempt under this paragraph should elect to operate under the permit-by-rule provisions for a midsize printing facility s.pecified byparagraph (A)(4)Q) of rule 3745-31-03 ofthe Administrative Code. the owner or operator ofsuch facility shall comply with the notification requirements ofparagraph (A)(4)(a)(ii) ofrule 3745-31-03 of the Administrative Code prior to operating under the peunit-by-ruleprovisions 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 orlocal air agency that identifies the day. the printing line(s). and the actual organic compound emissions for that day. This report shall be3745-31-03 35

submitted withinthirty days afterthe exceedance occurs. (v) TestingRequirements. (q) Compliance with the annual material usage limitations and/or daily emission limitations. ifapplicable. shall bebasedupon 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 of7.0 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 dividedby 2000 pounds perton. For water-based orUV -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 oftwenty 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 dividedby2000 poundsperton. (d 

### An owner or qperator ofthe 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) ofthis permit-by-rule. The calculations shall be performed annually using methods approvedbythe Ohio 

### EfA... (1) Mid-sizeprinting 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 notutilize acid-on emissions control equipment. (k) 

### The facility emits no more than 25 tons ofvolatile 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) ofthispermit-by-rule. (c) 

### In lieu of calculating emissions to demonstrate compliance with the facility emission limitations specified in paragraph (A)(

### 4)(l)(i)(P) ofthis 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-monthperiod: (i) 

### Uses no more than 1.333 gallons ofmaterials containing the same single 

### HAP and no more than 3.333 gallons ofmaterials containing any HAfs. (ii) 

### Uses no more than 1.800 gallons ofphotochemically reactive materials. as defined in paragraph (C) ofrule 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 ofink. 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 ofcleaning solvent and fountain solution additives combined: or 

### 6d Operates only digital printing lines and uses no more than 6.000 gallons ofsolvent from 

### inks and clean-up solutions and other solvent containing materials combined: or3745-31-03 37

(vi) Operates only screen or letterpress printing lines and
uses no more than 7.I00 gallons ofsolvent 

### 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 printinglines anduses no more than 50.000pounds 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 ofthe material usage limits contained in paragraphs (A)(4)Q)(iii) through (A)( 4)Q)(viii) above for the type ofunits at the facility. (d) The facility employs cleanup solutions which meet all ofthe 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 I0 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 bektmt. when not inuse. incovered containers. (iv) The use of cleallUl' solutions not meeting condition (d)(i) above shall not exceed a combined total of II0 gallons in any rolling. I2-monthperiod. (ii) Applicable Emission Limitations and/or Control Regyirements. (a) The applicable rules. emission limitations. and control requirements that apply to the facility subject to this3745-31-03 38

permit-by-rule are defined inthe 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 anyr2lling, 12-mQnthperiod. Complim1ce with**thi~** mle**1!l~Q inQluQ~::l** **com12lismc~** with**th~ r~quir~ments** **QlPi!U!~** {G){2) Qfrnle J745-21-Q1 QftheAdmini::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~** andinks 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**  Qforg;miQ**QQmpoood~** from each Administrative Code non-fiexQgmphic printing**lin~** shall not ex.Qeed 

### 8pounds**p~** hQm ang40J:2Qunds perday on any dayinwhich 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,) empleyegineachnrin1ing 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 ofeach material employed. in gallons or J:2QUDds,3745-31-03 39

(iv) 

### The organic compound (QC) 

### content ofeach material. inpounds per gallon. orpercentbyweight (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) 

### Ifno 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 ofthe 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 aphotochemicallyreactive material. (iii) 

### The qyantity ofeach material employed. in gallons or pounds. (iv) 

### The organic compound (OC) content ofeach material. inpounds per gallon. orpercentbyweight. (v) 

### The individual hazardous air pollutant (HAP) content for each HAP-containing material. in pounds of individual

## HAP per gallon ofmaterial. (vi) 

### The total combined HAP content ofeach material. in pounds ofcombined

## HAP per gallonofmaterial. (vii) 

### The rolling. 12-month summation ofusage in gallons ofeach wphic arts 

### material employed ifthe facility elects to demonstrate compliance with the material usage limitations s.pecified in paragraph (A)(4)(l)(i)(c) ofthis 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 ifthe

### 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 afterthe 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) ofthis 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 of7.0 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 oftwenty 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 dividedby 2000pounds perton. 

### (c> An 

### owner or operator ofthe 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) ofthis permit-by-rule. The calculations shall be performed using methods approvedby the Ohio EPA.3745-31-03

Effective:
R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY
Certification

07/19/2005

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 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

# IDATE::: 07!I9105 

## 11:19 A1'vlj

State of Ohio Environmental Protection Agency Notice ofAdoption of Rules

Notice is herebygiven thatthe Directorof Environmental Protection, underthe authorityof Ohio Revised Code Section 3704.03 has adopted amended rules 3745-31-03 of the Administrative Code.
The primary purpose ofthis 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 ofvarious 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 ortestimony 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 ofthese rules is July 29, 2005.
To request a copy ofthese rules, obtain further information, or inspect or request copies ofagency files and records pertaining to the proceeding contact Mr. Rick Carleski, c/o Ohio EPA, Division ofAir 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 3745- 31-03, "Permit to Install exemptions". The URL is: The URL is: http://www.epa.state.oh.us/dapc/regs/regs.html. This action ofthe 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 ofand the grounds upon which the appeal is based. The appeal must be filed with ERAC within thirty (30) days after notice ofthe Director's action, at 309 South Fourth Street, Suite 222, Columbus, Ohio 43215. Copies ofthe appeal must be served upon the Director ofthe Ohio EPA within three (3) days offiling with ERAC. Ohio EPA also requests that a copy ofthe appeal be served upon the Environmental Enforcement Section ofthe 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 ofthe 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 JCf,

# ~

### 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 1of1



### §3704.02. Purposes ofchapter; construction ofprovisions.


### (A) The purposes ofthis chapter are the following: (1) To protect and enhance the quality ofthe state's air 

### resources so as to promote the public health, welfare, economic vitality, andproductive capacity ofthepeople ofthe state; (2) To enable the state, through the director of environmental protection, to adopt and maintain a program for the prevention, control, and abatement ofair pollution that is consistent with the federal CleanAir

### Act; (3) To authorize the state 

### to obtain financial assistance and delegation of powers from the federal government for purposes oftheprevention, control, and abatement ofair

### 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 ofthis chapter.

HISTORY: 138 v 

### S258 (Eff12-19-80); 145 v 

### S 153. Eff10-29-93.

, , • 1 • I 1 It**~** i**111/T'\.,......~,..,,** .. ,........,nA/4r..r..r-J4r..r..-i14'"'\/"'>.

### Anderson's OnLine Documentation Page 1of6



### § 3704.03. Powers ofdirector ofenvironmental protection.

The director ofenvironmental protectionmay do any ofthe following: (A) Develop programs for the prevention, control, and abatement ofairpollution; (B) Advise, consult, contract, and cooperate with any governmental orprivate agency in the furtherance ofthe purposes ofthis chapter; (C) Encourage, participate 

### in, or conduct studies, investigations, and research relating to air pollution, collect and disseminate information, and conduct education and trainingprograms relating to the causes, prevention, control, and abatement ofairpollution; (D) Adopt, modify, andrescind rules prescribing ambient air quality standards for the state as a whole or for various areas ofthe state that are consistentwith and no more stringent than the national ambient air quality standards ineffectunderthe federal CleanAirAct; (E) Adopt, modify, suspend, andrescindrules for theprevention, control, and abatement ofairpollution, including rules prescribing for the state as a whole or for various areas ofthe state emission standards for air 

### cont:anllnants, and other necessaryrules for the purpose ofachieving and maintaining compliance with ambient air quality standards in all areas within the state as expeditiously as practicable, but not laterthan any deadlines applicableunderthe federal CleanAirAct; rules for theprevention orcontrol 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 ofambient 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 ofcompliance 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 orcontrol ofodors and airpollution nuisances; rules that prevent significant deterioration ofair quality to the extent required by the federal Clean 

### Air Act; rules for the protection ofvisibility 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 considerationto evidence relating to all ofthe following: (1) Conditions calculated to result from compliance with the rules and their relation to benefits to the people ofthe stateto be derivedfrom thatcompliance; (2) The quantity and characteristics ofair contaminants, the frequency and duration oftheirpresence in the ambient air, and the dispersionand dilution ofthose contaminants; (3) Topography, prevailing wind directions and velocities, physical conditions, and other factors that may ormay combine to affect airpollution.
Consistent with division 

### (K) of

### section 3704.036 [3704.03.6] ofthe Revised Code, the director shall consider alternative emission limits proposed by the owneror operator ofan air contaminant source that is subject to an emission limit established in rules adopted under this division and shall accept those alternative emission limits thatthe director determines to be equivalent to emission limits established in

### Anderson's OnLine Documentation Page 2 of6

rules adopted underthis division. (F) Adopt, modify, suspend, and rescind rules consistent with the purposes ofthis chapter prohibiting the location, installation, construction, or modification ofany 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 ofbest 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 eachpermitthe applicable emission standards and that the permit is conditioned upon payment ofthe applicable fees as required by section 

### 37 45.11 ofthe Revised Code and upon the right ofhis authorized representatives to 

### enter upon the premises ofthe person to whom the permit has been issued, at any reasonable time and subject to safety requirements ofthe person in control ofthe premises, for the purpose ofdetermining compliance with such standards, this chapter, the rules adopted thereunder, and the conditions ofany permit, variance, or order issued thereunder. Each proposed new or modified air contaminant source shall provide such notice ofits proposed installation ormodification 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 ofthe installation permits for a period not to exceed one year from commencement of operation, which authorization shall constitute an operating permit under division (G) ofthis section and rules adopted under it.
No installation permit shall be issued except in accordance with all requirements ofthis chapter and rules adoptedthereunder. No application shall be denied orpermitrevoked ormodified without a written order stating the findings upon which denial, revocation, or modification is based. A copy ofthe order shallbe sentto the applicant orpermitholderbycertifiedmail.
(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 aperiod 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 ofthe Revised Code and upon the right ofhis authorized representatives to enter upon the premises ofthe person to whom the permit has been issued, at any reasonable time and subject to safety requirements ofthe person in control ofthe premises, for the purpose ofdetermining compliance with this chapter, the rules adopted thereunder, and the conditions ofany 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 ofpermit 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 ofconditional operating permits for such reasonable periods as the director may determine to allow the holder ofan installation permit, who has constructed, installed, located, ormodified a newair contaminant source in accordance withthe provisions ofan 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 ofestablishing the potential to emit ofa 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 ofnot 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 orpermitholderby certified mail. (H) 

### Adopt, modify, and rescind rules governing the issuance, revocation, modification, or denial of variances that authorize emissions in excess ofthe applicable emission standards.
No variance shall be issued except pursuant to those rules. The rules shall prescribe conditions and criteria in furtherance ofthe purposes of this chapter and consistent with the federal Clean Air 

### Act governing eligibility for issuance ofvariances, which shall include all ofthe following: (1) Provisions requiring consistency ofemissions authorized by a variance with timely attainment and maintenance ofambient air quality standards; (2) Provisions prescribing the classes and categories ofair

### 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 ofconditionsbeyondthe control ofthe applicant; (4) Otherprovisions prescribed in furtherance ofthe goals ofthis chapter. The rules shall prohibit the issuance ofvariances from any emission limitation that was applicable to a source pursuant to an installation permit and shall prohibit issuance ofvariances 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 thatthe variance is conditioned uponpayment ofthe applicable fees as required by section 

### 3745.11 

### ofthe Revised Code and upon the right ofhis authorized representatives to enter upon the premises ofthe person to whom the variance has been issued, at any reasonable time and subject to safety requirements ofthe person in control ofthe premises, for the purpose ofdetermining compliance with this chapter, the rules adopted thereunder, and the conditions ofany permit, variance, or order issued thereunder.

The director may hold a public hearing on an application for a variance or renewal thereofat 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 ofnotice 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 ofthe environmental protection agency a current schedule of pending applications for variances and a current schedule ofpending variance hearings. The director

### Anderson's OnLine Documentation Page 4 of6

shall make a complete stenographic record oftestimony 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 ofthe 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 directorreceives a complete application with all pertinent information and datarequiredby 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 inthe variance. No variance shall be issued, denied, revoked, or modified without a written order stating the findings upon whichthe issuance, denial, revocation, or modification is based. A copy ofthe order shall be sent to the applicant or variance holderby 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 ofemissions, 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 orprivate agency for the establishment, operation, or maintenance ofsuch stations and devices; (K) Byrule adopt procedures for giving reasonablepublic notice and conducting public hearings on any plans for the prevention, control, and abatement ofair 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 ifthere are any actual or potential emissions from such premises and, ifso, to determine the sources, amounts, contents, and extent ofthose 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. Ifentry or inspection authorized by this division is refused, hindered, or thwarted, the director or his authorized representative may by affidavit apply for, and anyjudge ofa court ofrecord 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 orprivate, for carrying out any ofthe functions underthis chapter; (N) Obtainnecessary scientific, technical, and laboratory services;

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(0) Establish advisory boards in accordance with 

### section 121.13 ofthe 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 ofthe environmentalprotection agency. (Q) Certify to the government ofthe United States or any agency thereofthat an industrial airpollution facility is in conformity with the state program or requirements for control of air pollution whenever suchcertificate is required for a taxpayerpursuantto any federal laworrequirements; (R) Issue, modify, or revoke orders requiring abatement of or prohibiting emissions which violate applicable emission standards or other requirements ofthis chapter and rules adopted thereunder, or requiring emission control devices or measures 

### inorderto 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 ofthe 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 ofissuance ofthe order, the order shall so provide, but onlyto the extentrequired bythe federal Clean

### AirAct. (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 ofpenalties 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 ofthis chapterregarding theprevention or abatement ofodors. (T) 

### Adoptprocedures under whichthe director shall considerbest 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) ofthis 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 ofthe 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 ofthe 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 environmentalprotection; (W) 

### Provide for the construction of an air contaminant source prior to obtaining a permit to install pursuant to division (F) 

### ofthis section ifthe 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 ifthe director determines that such an action will avoid an unreasonable hardship on the owner or operator ofthe source. Any such determination shall be consistent with the federal Clean Air

### Act. (X) 

### Exercise all incidentalpowers, including adoption ofrules, required to carry outthis chapter.
The environmental protection agency shall develop a plan to control air pollution resulting from stateoperatedfacilities and property.
IDSTORY: 132 v H 689 (Eff 11-24-67); 133 v H 1 (Eff3-18-69); 134v S 370 (Eff 12-23-71); 134v 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); 145v S 153. Eff10-29-93.

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