Article I 

Certified Copy of Rules 

Signed Copy of SB265 

- 8 -
ACTION : Final DATE : 06/02/2008 8:25 A M 

3745-15-03 Submission of emission information. 

X k a i 11 v_ 

(A) The director may require the keeping and periodic submission of records and reports, 

including but not limited to, information on air contaminants, emissions or fuel 

from any or all potential sources for purposes of maintaining an air pollution 

emission inventory or any other reasonable purpose as determined by the director. 

Such information shall be recorded, compiled, and submitted in a manner and form 

prescribed by the director. 

(B) Periodic reporting. 

(1) Requirements under paragraph (C) of this rule shall be applicable to an owner 

or operator of a facility: 

(a) Issued a permit-to-install. pursuant to Chapter 3745-31 of the 

Administrative Code, or 

(b) Issued a federally enforceable permit-to-install and operate (FEPTIO). 

pursuant to Chapter 3745-31 of the Administrative Code: however, this 

requirement shall only be applicable to the terms and conditions 

specifically identified in the FEPTIO as subject to reporting under 

paragraph (C) of this rule, or 

(c) Issued a permit-to-install and operate (PTIO). pursuant to Chapter 

3745-31 of the Administrative Code, for a source for which a Title V 

permit is subsequently issued, pursuant to Chapter 3745-77 of the 

Administrative Code. 

(2) Requirements under paragraph CD) of this rule shall be applicable to an owner 

or operator of a facility issued a permit-to-install and operate (PTIO) or a 

federally enforceable permit-to-install and operate (FEPTIO), pursuant to 

Chapter 3745-31 of the Administrative Code, for a source not subject to the 

requirements of Chapter 3745-77 of the Administrative Code. 

(C) Quarterly report. 

(1) Pursuant to paragraph (A) of this rule, each permit described under paragraph 

(B)(1) of this rule shall require the owner or operator submit a quarterly 

report of: 

(a) An y deviations from emission limitations, operational restrictions, and 

control device operating parameter limitations that have been detected 

by the testing, monitoring, and recordkeeping requirements specified in 

such permit: 

(b) The probable cause of such deviations: and 

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3745-15-03 2 

(c) An y corrective actions or preventive measures which have been or will be 

taken to remedy the deviations: or 

(d) If no deviations occurred during a calendar quarter, the owner or operator 

shall submit a quarterly report, which states that no deviations occurred 

during that quarter. 

(2) For the purposes of this rule, quarterly shall mean January to March. April to 

June. July to September, and October to December. Each report shall be 

submitted by the thirty-first of January, thirtieth of April, thirty-first of July, 

and thirty-first of October of each year, or any other variation of a continuous 

quarterly period the director approves, and shall cover the previous calendar 

quarter. 

[Comment: "submitted" as used above will be considered the postmark date, 

if sent by United States postal service: the electronic signature date, if 

submitted through the Ohio environmental protection agency's electronic 

reporting system: or the signature date of the receipt, if hand delivered in 

person to the appropriate Ohio environmental protection agency district office 

or local air agency.] 

(3) Unless required by Chapter 3745-77 of the Administrative Code, quarterly 

reports may exclude the requirements of paragraphs (C)(1)(a) to (C)(1)(c) of 

this rule for reported deviations resulting from malfunctions reported in 

accordance with rule 3745-15-06 of the Administrative Code. In lieu of the 

requirements of paragraphs (C)(1)(a) to (C)(1)(c). the owner or operator shall 

identify in the quarterly report the date the malfunction occurred and the form 

in which it was reported (e.g.. telephone, e-mail, written). 

(4) Reports submitted in accordance with Chapter 3745-77 of the Administrative 

Code, for sources subject to Chapter 3745-77 of the Administrative Code, 

shall be deemed to meet the requirements for quarterly reporting under this 

rule if the requirements contained in paragraph (C) of this rule are satisfied in 

the reporting required under Chapter 3745-77 of the Administrative Code. 

The owner or operator shall identify in any report submitted under the 

requirements of Chapter 3745-77 of the Administrative Code when such 

report is being submitted in accordance with this paragraph. 

(D) Permit evaluation report. 

(1) Pursuant to paragraph (A) of this rule, each permit described under paragraph 

(B)(2) of this rule shall require the owner or operator to submit a permit 

evaluation report, in a form and manner prescribed by the director, which 

identifies, at a minimum: 

(a) A list of all air contaminant sources that have been issued a permit 
3745-15-03 3 

described under paragraph (B)(2) of this rule: 

(b) Additional information or corrections to air contaminant sources 

identified in the permit evaluation permit: 

(c) Any deviations from emission limitations, operational restrictions, and 

control device operating parameter limitations that have been detected 

by the testing, monitoring, and recordkeeping requirements specified in 

such permit: 

(d) The probable cause of such deviations: and 

(e) Any corrective actions or preventive measures which have been or will be 

taken to remedy the deviations: or 

( f ) If no deviations occurred during the reporting period, the owner or 

operator shall identify in the permit evaluation report that no deviations 

occurred during that reporting period. 

(2) Reporting period. 

fa) The permit evaluation report shall be submitted annually, at a minimum, 

and cover a reporting period of no more than twelve-months for each 

air contaminant source. The first permit, described under paragraph 

(BX2) of this rule, issued to an owner or operator shall identify the 

reporting period for the covered air contaminant source. This reporting 

period shall be applied to all subsequent air contaminant sources issued 

permits described under paragraph (B)(2) of this rule. The four possible 

reporting periods, and subsequent permit evaluation report due dates 

are: 

(i) January first to December thirty-first, report due by February 

fifteenth. 

(ii) April first to March thirty-first, report due by May fifteenth. 

(iii) July first to June thirtieth, report due by August fifteenth. 

(iv) October first to September thirtieth, report due by November 

fifteenth. 

(b) The permit evaluation report shall be submitted to the appropriate Ohio 

environmental protection agency district office or local air agency by 

the due date specified. 

[Comment: "submitted" as used above will be considered the postmark 

date, if sent by United States postal service: the electronic signature 
3745-15-03 4 

date, if submitted through the Ohio environmental protection agency's 

electronic reporting system: or the signature date of the receipt, if hand 

delivered in person to the appropriate Ohio environmental protection 

agency district office or local air agency.] 

(c) The Ohio environmental protection agency shall provide opportunity for 

an owner or operator to request a change in the permit evaluation 

reporting period and due date through procedures established by the 

director. 

(3) Unless required by Chapter 3745-77 of the Administrative Code, permit 

evaluation reports may exclude the requirements of paragraphs (D)(1)(c) to 

(D)(1)(e) of this rule for reported deviations resulting from malfunctions 

reported in accordance with rule 3745-15-06 of the Administrative Code. In 

lieu of the requirements of paragraphs (D)(1)(c) to (D)(1)(e), the owner or 

operator shall identify in the permit evaluation report the date the malfunction 

occurred and the form in which it was reported (e.g.. telephone, e-mail, 

written). 
3745-15-03 

Effective: 06/30/2008 

R.C. 119.032 review dates: 07/03/2007 and 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(E) 

3704.03(F) 

1/25/80, 2/3/00 
ACTION: Final DATE: 12/04/2007 8:10 A M 

3745.3I-OI Definitions. 

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

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

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

rule.] 

(A) Except as otherwise provided in this rule, the definitions in rules 3745-15-01 and 

3745-21-01 of the Administrative Code shall apply to this chapter. 

(B) "Acid rain program" means the program contained within Title IV of the Clean Air 

(C) "Actual emissions" means the actual rate of emissions of a regulated NSR pollutant 

from an emissions unit, as determined under this paragraph, except that this 

definition shall not apply for calculating whether a significant emissions increase, 

as defined in this rule, has occurred, or for establishing a PA L under rule 

3745-31-33 ofthe Administrative Code. 

(1) Actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the emissions unit actually emitted the pollutant during a 

consecutive twenty-four-month period which precedes the particular date and 

which is representative of normal emissions unit operation. The director shall 

allow the use of a different time period upon a determination that it is more 

representative of normal emissions unit operation. Actual emissions shall be 

calculated using the emissions unit's actual operating hours, production rates 

and types of materials processed, stored or combusted during the selected 

time period. 

(2) The director may presume that emissions unit-specific allowable emissions for 

the emissions unit are equivalent to the actual emissions of the emissions unit. 

(3) For any emissions unit that has not begun normal operations on the particular 

date, actual emissions shall equal the potential to emit of the emissions unit 

on that date. 

(D) "Actuals PAL " for a major stationary source means a PA L based on the baseline 

actual emissions of all emissions units at the source that emit or have the potential 

to emit the PA L pollutant. 

(E) "Adhesive" means any substance that is used to bond one surface to another surface. 

(F) "Administrative modification" means a change to a permit to install or a PTIO that 

does not meet the definition of a modification under this rule. 

Act. 

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3745-31-01 2 

(G) "Affected sources" shall have the meaning given to it in the regulations promulgated 

under Title I V of the Clean Air Act. 

(H) "Air contaminant" means particulate matter, dust, fumes, gas, mist, radionuclides, 

smoke, vapor or odorous substances, or any combination thereof. 

(I) "Air contaminant source," for the purpose of this chapter, means each separate 

operation, or activity that results or may result in the emission of any of the 

following air contaminants: 

(1) A n air contaminant or precursor of an air contaminant for which a national 

ambient air quality standard has been adopted under the Clean Air Act. 

(2) A n air contaminant for which the source is regulated under the Clean Air Act. 

(3) A toxic air contaminant as listed in rule 3745-114-01 of the Administrative 

Code. 

(J) "Air contaminant source project" means the installation or modification of one or 

more air contaminant sources (and any structures associated with such installations 

or modifications), all of which results from a discrete production goal or objective. 

(K) "Allowable emissions" means the emission rate of an air contaminant source 

calculated using the maximum rated capacity of the air contaminant source (unless 

the air contaminant source is subject to limits that are federally enforceable or 

legally and practically enforceable by the state that restrict the operating rate or 

hours of operation, or both), and the most stringent of the following: 

(1) The applicable standards as set forth in 40 CFR Parts 60, 61 and 63; or 

(2) The applicable Ohio state implementation plan emission limitation, including 

those with a future compliance date; or 

(3) The emission rate by a permit condition that is federally enforceable or legally 

and practically enforceable by the state, including those with a future 

compliance date. 

(L) "Applicable laws" means any applicable provisions of Chapters 3704. and 3745. of 

the Revised Code; rules, regulations, and orders of the Ohio environmental 

protection agency, the Clean Air Act; and rules and regulations of the administrator 
3745-31-01 3 

of the United States environmental protection agency. 

(M) "Auto body refinishing facility" means a facility engaged primarily in collision repair 

and refinishing of automobiles and light duty trucks. Automobile paint-only and 

customizing facilities, which are engaged in repainting used motor vehicles and 

light duty trucks, but do not perform collision repair work, are also included in this 

definition. Mobile auto body painting operations, which employ temporary spray 

booths meeting the design criteria specified by paragraph (A)(4)(g) of rule 

3745-31-03 of the Administrative Code, are also included in this definition. 

(N) "Available information" means, for purposes of identifying control technology 

options for a major MAC T source, information contained in the following 

information sources as of the date of the MAC T determination by the director: 

(1) A relevant proposed regulation, including all supporting documentation; 

(2) Background information documents for a draft or proposed regulation; 

(3) Data and information available from the "Control Technology Center" 

developed pursuant to Section 113 of the Clean Air Act; 

(4) Data and information contained in the "Aerometric Informational Retrieval 

System" including information in the MAC T database; 

(5) An y additional information that can be expeditiously provided by the 

administrator; and 

(6) An y additional information provided by the applicant or others, and any 

additional information considered available by the director. 

(O) "Baseline actual emissions" means the rate of emissions, in tons per year, of a 

regulated NSR pollutant, as determined under this rule. 

(1) For any existing electric utility steam generating unit, baseline actual emissions 

means the average rate, in tons per year, at which the unit actually emitted the 

pollutant during any consecutive twenty-four-month period selected by the 

owner or operator within the five-year period immediately preceding when 

the owner or operator begins actual construction of the NSR project. The 

director shall allow the use of a different time period upon a determination 

that it is more representative of normal source operation. 
-31-01 4 

(a) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions. 

(b) The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was operating 

above any emission limitation that was legally enforceable during the 

consecutive twenty-four-month period. 

(c) For a regulated NSR pollutant, when a NSR project involves multiple 

emissions units, only one consecutive twenty-four-month period must 

be used to determine the baseline actual emissions for the emissions 

units being changed. A different consecutive twenty-four-month period 

can be used for each regulated NSR pollutant. 

(d) The average rate shall not be based on any consecutive twenty-four-month 

period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by 

paragraph (0)(l)(b) of this rule. 

(2) For an existing emissions unit (other than an electric utility steam generating 

unit), baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any 

consecutive twenty-four-month period selected by the owner or operator 

within the ten-year period immediately preceding either the date the owner or 

operator begins actual construction of the NS R project, or the date a complete 

permit application is received by the director for a permit required either 

under this rule or under a plan approved by the administrator, whichever is 

earlier, except that the ten-year period shall not include any period earlier 

than November 15, 1990. 

(a) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions. 

(b) The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was operating 

above an emission limitation that was legally enforceable during the 

consecutive twenty-four-month period. 

(c) The average rate shall be adjusted downward to exclude any emissions 

that would have exceeded an emission limitation with which the major 
3745-31-01 5 

stationary source must currently comply, had such major stationary 

source been required to comply with such limitations during the 

consecutive twenty-four-month period. However, if an emission 

limitation is part of a (MACT ) standard that the administrator proposed 

or promulgated under 40 CFR Part 63, the baseline actual emissions 

need only be adjusted if the state has taken credit for such emission 

reductions in an attainment demonstration or maintenance plan 

consistent with the requirements in rule 3745-31-22 of the 

Administrative Code. 

(d) For a regulated NSR pollutant, when a NSR project involves multiple 

emissions units, only one consecutive twenty-four-month period must 

be used to determine the baseline actual emissions for the emissions 

units being changed. A different consecutive twenty-four-month period 

can be used for each regulated NSR pollutant. 

(e) The average rate shall not be based on any consecutive twenty-four-month 

period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by 

paragraphs (0)(2)(b) and (0)(2)(c) ofthis rule. 

(3) For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial 

construction and operation of such unit shall equal zero if the operation of the 

new emissions unit has not yet begun, or shall equal the unit's potential to 

emit if operation of the new emissions unit has begun. 

(4) For a PA L for a major stationary source, the baseline actual emissions shall be 

calculated for existing electric utility steam generating units in accordance 

with the procedures contained in paragraph (0)(1) of this rule, for other 

existing emissions units in accordance with the procedures contained in 

paragraph (0)(2) of this rule, and for a new emissions unit in accordance with 

the procedures contained in paragraph (0)(3) of this rule. 

(P) "Baseline area" means any intrastate area (and every part thereof) designated as 

attainment or unclassifiable under Section 107(d) of the Clean Air Act in which the 

major stationary source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact equal to or 

greater than one microgram per cubic meter (annual average) of the air pollutant for 

which the minor source baseline date is established. 

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

effect and shall apply for purposes of determining the amount of available PMIO 

increments, except that such baseline area shall not remain in effect if the permit 
3745-31-01 6 

authority rescinds the corresponding minor source baseline date in accordance with 

paragraph (NNNX4XQQO)(4) of this rule. 

Area redesignations under Section 107(d) of the Clean Air Ac t cannot intersect or 

be smaller than the area of impact of any major stationary source or major 

modification that: 

(1) Establishes a minor source baseline date; or 

(2) Is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 

51.166, and would be constructed in the same state as the state proposing the 

redesignation. 

(Q) "Baseline concentration" means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source baseline date. A baseline 

concentration is determined for each pollutant for which a minor source baseline 

date is established and shall include: 

(1) The actual emissions, as defined in this rule, representative of sources in 

existence on the applicable minor source baseline date, except as provided in 

paragraph (Q)(3) of this rule; 

(2) The allowable emissions of major stationary sources that commenced 

construction before the major source baseline date, but were not in operation 

by the applicable minor source baseline date. 

(3) The following will not be included in the baseline concentration and will affect 

the applicable maximum allowable increase(s): 

(a) Actual emissions, as defined in this rule, from any major stationary source 

on which construction commenced after the major source baseline date; 

and 

(b) Actual emissions increases and decreases, as defined in this rule, at any 

stationary source occurring after the minor source baseline date. 

(R) "Begin actual construction" means, in general, initiation of physical on-site 

construction activities on an air contaminant source project that are of a permanent 

nature. Activities that are considered to be included and excluded from this 

definition are further identified in rule 3745-31-33 of the Administrative Code. 
3745-31-01 7 

(S) "Best available control technology" or "BACT " means an emission limitation 

(including a visible emission standard) based on the maximum degree of reduction 

for each regulated NSR pollutant which would be emitted from any proposed major 

stationary source or major modification which the director, on a case-by-case basis, 

taking into account energy, environmental and economic impacts and other costs, 

determines is achievable for such major stationary source or major modification 

through application of production processes or available methods, systems and 

techniques, including fuel cleaning or treatment or innovative fuel combustion 

techniques for control of such pollutant. In no event shall application of BAC T 

result in emissions of any pollutant that would exceed the emissions allowed by any 

applicable standard under 40 CFR Parts 60, 61, and 63. If the director determines 

that technological or economic limitations on the application of measurement 

methodology to a particular emissions unit would make the imposition of an 

emission standard infeasible, a design, equipment, work practice, operational 

standard, or combination thereof, may be approved by the director instead to satisfy 

the requirement for the application of BACT . Such standard shall, to the degree 

possible, set forth the emission reduction achievable by implementation of such 

design, equipment, work practice or operation and shall provide for compliance by 

means which achieve equivalent results. 

(T) "Best available technology" or "BAT " means any combination of work practices, raw 

material specifications, throughput limitations, source design characteristics, an 

evaluation ofthe annualized cost per ton of air pollutant removed, and air pollution 

control devices that have been previously demonstrated to the director of 

environmental protection to operate satisfactorily in this state or other states with 

similar air quality on substantially similar air pollution sources. 

(U) "Clean Air Act" means the federal Clean Air Act as amended November 15, 1990; 42 

U SC 7401 to 7671q. 

(V) "Clean coal technology" means any technology, including technologies applied at the 

precombustion, combustion, or postcombustion stage, at a new or existing facility 

that will achieve significant reductions in air emissions of sulfur dioxide or oxides 

of nitrogen associated with the utilization of coal in the generation of electricity, or 

process steam, and that is not in widespread use as of November 15, 1990. 

(W) "Clean coal technology demonstration project" means a project using funds 

appropriated under the heading "Department of Energy-Clean Coal Technology," 

up to a total amount of two billion five hundred million dollars for commercial 

demonstration of clean coal technology, or similar projects funded through 

appropriations for the United States environmental protection agency. The federal 

contribution for a qualifying clean coal technology demonstration project shall be at 

least twenty per cent of the total cost of the clean coal technology demonstration 
3745-31-01 8 

project. 

(X) "Cleaning solution" means liquid solvents or solutions used to remove ink and debris 

from the operating surfaces of the printing press and its parts. 

(Y) "Clean unit" moans any omissions unit that has boon issuod a nonattainment NSR 

permit or PSD permit that requires compliance with BAC T or LAER , that is 

complying with such BAC T or LAE R requirements, and qualifies as a clean unit 

pursuant to paragraph (A) of rule 3745 31 30 of the Administrative Code; or any 

emissions unit that has boon designated by the director as a cloan unit, based on the 

criteria in paragraph (B)(3) of rule 3745 31 30 of the Administrative Code, using a 

permit to install procossReserved. 

(Z) "Commence" as applied to construction of a major stationary source or major 

modification means that the owner or operator has all necessary preconstruction 

approvals or permits and either has: 

(1) Begun, or caused to begin, a continuous program of actual on-site construction 

or the major stationary source or major modification, to be completed within 

a reasonable time; or 

(2) Entered into binding agreements or contractual obligations (which cannot be 

canceled or modified without substantial loss to the owner or operator) to 

undertake a program of actual construction of the major stationary source or 

major modification to be completed within a reasonable time. 

(AA) "Commercial bakery" means an establishment that is primarily engaged in 

manufacturing fresh or frozen bread, bread-type rolls and dry bakery products (e.g. 

biscuits, crackers, and cookies). This definition does not include establishments that 

produce bakery products primarily for direct sale on the premises to household 

consumers. 

(BB) "Complete", in reference to an application for a permit, means that the application 

contains all the information necessary for processing the application. Designating 

an application complete for purposes of permit processing does not preclude the 

director from requesting or accepting any additional information. 

(CC) "Construct a major MAC T source" means: 

(1) Fabricate, erect, or install at any greenfield site a stationary source or group of 

stationary sources which is located within a contiguous area and under 

common control and which emits or has the potential to emit ten tons per year 
3745-31-01 

or more of any HA P or twenty-five tons per year or more of any combination 

of HAPs, or 

(2) Fabricate, erect, or install, at any developed site a new process or production 

unit which in and of itself emits or has the potential to emit ten tons per year 

or more of any HA P or twenty-five tons per year or more of any combination 

of HAPs, unless the process or production unit satisfies the following criteria: 

(a) All HAPs emitted by the process or production unit that would otherwise 

be controlled under the requirements of rule 3745-31-28 of the 

Administrative Code will be controlled by emission control equipment 

which was previously installed at the same site as the process or 

production unit; 

(b) One ofthe following determinations has been made: 

(i) The director has determined within a period of five years prior to the 

fabrication, erection, or installation of the process or production 

unit that the existing control equipment represented the BACT , 

LAER , BAT , or MAC T based on air toxics rules for the category 

of pollutants which includes those HAPs to be emitted by the 

process or production unit; or 

(ii) The director determines that the control of HA P emissions provided 

by the existing equipment will be equivalent to that level of 

control currently achieved by other well-controlled similar 

sources (i.e., will be equivalent to the level of control that would 

be provided by a current BACT , LAER , BAT , or air toxic MAC T 

determination); 

(c) The director determines that the per cent control efficiency for emissions 

of HAPs from all sources to be controlled by the existing control 

equipment will be equivalent to the per cent control efficiency provided 

by the control equipment prior to the inclusion of the new process or 

production unit; 

(d) The director has provided notice and an opportunity for public comment 

concerning its determination that criteria in paragraphs (CC)(2)(a), 

(CC)(2)(b), and (CC)(2)(c) of this rule apply and concerning the 

continued adequacy of any prior LAER , BACT , BAT , or air toxic 

MAC T determination; 
3745-31-01 10 

(e) If any commenter has asserted that a prior LAER , BACT , BAT , or air 

toxic MAC T determination is no longer adequate, the director has 

determined that the level of control required by that prior determination 

remains adequate; and 

(f) An y emission limitations, work practice requirements, or other terms and 

conditions upon which the above determinations by the permitting 

authority are predicated, will be construed as applicable requirements 

under Section 504(a) of the Clean Air Act and either have been 

incorporated into any existing Title V permit for the affected facility or 

will be incorporated into such permit upon issuance. 

(DD) "Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition or modification of an 

emissions unit) that would result in a change in emissions. 

(EE) "Continuous emissions monitoring system" or "CEMS" means all of the equipment 

that may be required to meet the data acquisition and availability requirements of 

this chapter, to sample, condition (if applicable), analyze, and provide a record of 

emissions on a continuous basis. 

(FF) "Continuous emissions rate monitoring system" or "CERMS" means the total 

equipment required for the determination and recording of the pollutant mass 

emission rate (in terms of mass per unit of time). 

(GG) "Continuous parameter monitoring system" or "CPMS" means all ofthe equipment 

necessary to meet the data acquisition and availability requirements of this chapter, 

to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for 

example, gas flow rate, oxygen or carbon dioxide concentrations), and to record 

average operational parameter value(s) on a continuous basis. 

(HH) "Control technology" means measures, processes, methods, systems, or techniques, 

to limit the emission of HAPs including, but not limited to, measures that: 

(1) Reduce the quantity of, or eliminate emissions of, such pollutants through 

process changes, substitution of materials or other modifications; 

(2) Enclose systems or processes to eliminate emissions; 

(3) Collect, capture, or treat such pollutants when released from a process, stack, 
3745-31-01 11 

storage or fugitive emissions point; 

(4) Are design, equipment, work practice, or operational standards (including 

requirements for operator training or certification) as provided in 42 USC 

7412(h); or 

(5) Are a combination of paragraphs (HH)(1) to (HH)(4) of this rule. 

(II) "Criteria pollutant" means particulate matter, nitrogen oxides, VOCs, sulfur dioxide, 

carbon monoxide, lead or any other air pollutant for which a national ambient air 

quality standard has been promulgated under Section 109 of the Clean Air Act. 

(JJ) "Digital printing (direct-to-media printing) line" means a printing line where the 

transfer of electronic files occurs directly from the computer to an electronically 

driven output device that prints the image directly on the selected media (substrate). 

Electronic images and four-color process images can be printed virtually any size. 

(KK) "Distillate oil" means a petroleum product designated as number one fuel oil, 

number two fuel oil (with less than or equal to 0.5 per cent by weight sulfur), diesel 

fuel or kerosene by the "American Petroleum Institute". 

(LL) "Electric utility steam generating unit" means any steam electric generating unit that 

is constructed for the purpose of supplying more than one-third of its potential 

electric output capacity and more than twenty-five megawatt electrical output to 

any utility power distribution system for sale. An y steam supplied to a steam 

distribution system for the purpose of providing steam to a steam-electric generator 

that would produce electrical energy for sale is also considered in determining the 

electrical energy output capacity of the affected facility. 

(MM) "Emissions unit" means any part of a stationary source that emits or would have 

the potential to emit any regulated NSR pollutant and includes an electric utility 

steam generating unit. Air contaminant sources that do not emit or would not have 

the potential to emit any regulated NSR pollutant but which emit a pollutant 

regulated under state law are not considered emissions units. There are two types of 

emissions units: 

(1) A "new emissions unit" means any emissions unit which is (or will be) newly 

constructed and which has existed for less than two years from the date such 

emissions unit first operated. 

(2) A n "existing emissions unit" means any emissions unit that does not meet the 

requirements in paragraph (MM)(1) of this rule. A replacement unit, as 
3745-31-01 12 

defined in this rule, is an existing emissions unit. 

(NN) "Express permit-to-install" or "express PTIO" means a registration status 

permit-to-install or registration status PTIO that is registered for express processing 

and issuance pursuant to paragraph (G) of rule 3745-31-05 of the Administrative 

Code and pursuant to the division (A) of section 3704.037 of the Revised Code. 

(NNVQQ^ "Facility" means all of the air contaminant sources that belong to the same 

industrial grouping, are located on one or more contiguous or adjacent properties, 

and are under the control of the same person (or persons under common control) 

except the activities of any vessel and those emissions resulting directly from an 

internal combustion engine for transportation purposes or from a non-road engine 

or non-road vehicle as defined in Section 216 ofthe Clean Air Act. Air contaminant 

sources shall be considered as part of the same industrial grouping if they belong to 

the same major group (i.e., they have the same two-digit code) as described in the 

"Standard Industrial Classification Manual." 

(©©)(PP) "Federal land manager" means, with respect to any lands in the United States, 

the secretary of the department with authority over such lands. 

fflPyOO) "Federally enforceable" means all limitations and conditions that are 

enforceable by the administrator (of the United States environmental protection 

agency), including those requirements developed pursuant to 40 CFR Parts 60, 61 

and 63, requirements within the Ohio state implementation plan that implements 

the requirements of the Clean Air Act, any permit requirements designated as 

federally enforceable established pursuant to 40 CFR 52.21 or under regulations 

approved pursuant to 40 CFR Part 51, Subpart (1)1, including operating permit 

requirements designated as federally enforceable issued under an United States 

environmental protection agency-approved program that is incorporated into the 

Ohio state implementation plan and expressly requires adherence to any permit 

issued under such program. 

(QQ)(RR) "Fountain solution additives" means volatile and non-volatile chemicals, 

alcohols, and other additives, which are blended with water to form the fountain 

solution used in the lithographic printing process. 

(RR)(SS) "Fugitive emissions" means those emissions that cannot reasonably pass 

through a stack, chimney, vent or other functionally equivalent opening. 

(SS)(TT) "General permit" means a general permit-to-install or a general PTIO. 

ffT¥UU) "General permit-to-install" or "general PTIO" means a permit-to-install or 

PTIO issued under rule 3745-31-29 of the Administrative Code. 
3745-31-01 13 

(UU)(VV) "Greenfield site" means a contiguous area under common control that is an 

undeveloped site. 

(VV)(WW) "Hazardous air pollutant" or "HAP" means any air pollutant listed in, or 

pursuant to, Section 112(b) of the Clean Air Act. 

(WW)OOP "High terrain" means any area having an elevation of nine hundred feet or 

more above the base of the stack of a stationary source. 

(XX)(YY) "Indian governing body" means the governing body of any tribe, band, or 

group of Indians subject to the jurisdiction ofthe United States and recognized by 

the United States as possessing power of self-government. 

(YY)(ZZ) "Indian reservation" means any federally recognized reservation established by 

treaty, agreement, executive order, or act of congress. 

fZZYAAA ) "Innovative control technology" means any system of air pollution control 

that has not been adequately demonstrated in practice, but would have a substantial 

likelihood of achieving greater continuous emission reduction than any control 

system in current practice or of achieving at least comparable reductions at lower 

cost in terms of energy, economics or non air quality environmental impacts. 

(AAA)(BBB) "Install" or "installation" means to begin actual construction, erect, locate 

or affix any air contaminant source. 

(BBB)(CCC) "Job" means the total area or areas to be refinished or repainted on an 

automobile or light duty truck by an auto body refinishing facility. 

(CCC)(DDD) "Letterpress printing line" means a printing process where the image area 

is raised relative to the non-image area and the paste ink is transferred to the paper 

directly from the image surface without the use of an anilox roller. 

(DDD)(EEE) "List of source categories" means the source category list required by 

Section 112(c) ofthe Clean Air Act. 

(EEE)fFFF) "Low terrain" means any area other than high terrain. 

(FFFYGGG) "Lowest achievable emission rate" or "LAER" , for any emissions unit, 

means the more stringent rate of emissions based on the following: 
3745-31-01 14 

(1) The most stringent emission limitation that is contained in the implementation 

plan of any state for such class or category of emissions unit, unless the 

owner or operator of the proposed emissions unit demonstrates that such 

limitations are not achievable; or 

(2) The most stringent emission limitation that is achieved in practice by such class 

or category of emissions unit. This limitation, when applied to a major 

modification, means LAE R for the new or modified emissions units within 

the stationary source. In no event shall the application of this term permit a 

proposed new or modified emissions unit to emit any air pollutant in excess 

of the amount allowable under applicable new source standards of 

performance. 

(GGG)(HHH) "MAC T determination" means any combination of emission limitations, 

work practices, raw material specifications, throughput limitations, source design 

characteristics, and air pollution control devices that achieve the level of HA P 

control required by paragraph (E) of rule 3745-31-28 of the Administrative Code. 

fHHH¥IID "Major MAC T source" means any process or production unit that in and of 

itself has the potential to emit ten tons per year or more of any single HA P or 

twenty-five tons per year or more of any combination of HAPs. 

(ffl){JJJ) "Major modification" means: 

A n y physical change in or change in the method of operation of a major stationary 

source that would result in: 

(1) A significant emissions increase of a regulated NSR pollutant; and 

(2) A significant net emissions increase of that pollutant from the major stationary 

source. 

[Comment: Except as otherwise provided in rules 3745-31-31 and 

3745-31-32 of the Administrative Code, and consistent with the definition of 

major modification, a NSR project is a major modification for a regulated 

N SR pollutant if it causes two types of emissions increases; a significant 

emissions increase and a significant net emissions increase. The NSR project 

is not a major modification if it does not cause a significant emissions 

increase. If the NSR project causes a significant emissions increase, then the 

N SR project is a major modification only if it also results in a significant net 

emissions increase.] 
-31-01 15 

(3) Any significant emissions increase from any emissions units or net emissions 

increase at a major stationary source that is considered significant for VOCs 

shall be considered significant for ozone. 

(4) The procedure for calculating (before beginning actual construction) whether a 

significant emissions increase (i.e., the first step of the process) will occur 

depends upon the type of emissions units being modified, according to 

paragraphs (m)(4)(Q)(JJJ)(4)(a) to flIIY4YdYJJJY4Yci of this rule. The 

procedure for calculating (before beginning actual construction) whether a 

significant net emissions increase will occur at the major stationary source 

(i.e., the second step of the process) is contained in paragraph (SSS)(TTT) of 

this rule. Regardless of any such preconstruction projections, a major 

modification results if the NSR project causes a significant emissions increase 

and a significant net emissions increase. 

(a) Actual-to-projected-actual applicability test for NSR projects that only 

involve existing emissions units. 

A significant emissions increase of a regulated NSR pollutant is 

projected to occur if the sum of the difference between the projected 

actual emissions and the baseline actual emissions, for each existing 

emissions unit, equals or exceeds the significant amount for that 

pollutant. 

(b) Actual-to-potential test for NSR projects that only involve construction of 

a new emissions unit(s). 

A significant emissions increase of a regulated NSR pollutant is 

projected to occur if the sum of the difference between the potential to 

emit from each new emissions unit following completion of the NSR 

project and the baseline actual emissions of these emissions units before 

the NSR project equals or exceeds the significant amount for that 

pollutant. 

(c) Emission tost for NSR projects that involve clean units. 

For a NSR project that will be constructed and operated at a clean unit 

without causing the omissions unit to lose its clean unit designation, no 

omissions increase is doomed to occur. 

(d)(c) Hybrid test for NSR projects that involve multiple types of emissions 

units. 
3745-31-01 16 

A significant emissions increase of a regulated NSR pollutant is 

projected to occur if the sum of the emissions increases for each 

emissions unit, using the method specified in paragraphs 

(III)(4)(a)(JJJ)(4)(a) to QII)(4)(c)(JJJ)(4)(b) of this rule as applicable 

with respect to each emissions unit, for each type of emissions unit 

equals or exceeds the significant amount for that pollutant. Fef 

example, if a NSR project involves both an existing omissions unit and 

a clean unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (III)(4)(a) of 

this rule for the existing emissions unit and using the method specified 

in paragraph (III)(4)(c) of this rule for the clean unit. 

(5) A physical change or change in the method of operation shall not include: 

(a) Routine maintenance, routine repair, and routine replacement; 

(b) Use of an alternative fuel or raw material by reason of an order under 

Section 2(A) and (B) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation) or by reason 

of a natural gas curtailment plan pursuant to the Federal Power Act; 

(c) Use of an alternative fuel by reason of an order or rule under Section 125 

of the Clean Air Act; 

(d) Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste; 

(e) Use of an alternative fuel or raw material by a stationary source that: 

(i) For nonattainment NSR purposes, the stationary source was capable 

of accommodating before December 21, 1976, unless such change 

would be prohibited under any federally enforceable permit 

condition that was established after December 21, 1976, pursuant 

to 40 CFR 52.21 or under regulations approved pursuant to 40 

C FR Part 51, Subpart I or 40 CFR 51.166; or 

(ii) For PSD purposes, the stationary source was capable of 

accommodating before January 6, 1975, unless such change 

would be prohibited under any federally enforceable permit 

condition that was established after January 6, 1975, pursuant to 

40 CFR 52.21 or under regulations approved pursuant to 40 CFR 

Part 51, Subpart I or 40 CFR 51.166; or 
3745-31-01 17 

(iii) The stationary source is approved to use under any effective and 

applicable nonattainment NSR permit or PSD permit; 

(f) A n increase in the hours of operation or in the production rate, unless such 

change is prohibited under any federally enforceable permit condition 

that was established after: 

(i) For nonattainment NS R purposes, December 21, 1976 pursuant to 40 

C FR 52.21 or under regulations approved pursuant to 40 CFR 

Part 51, Subpart I or 40 CFR 51.166; or 

(ii) For PSD purposes, January 6, 1975 pursuant to 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR Part 51, Subpart I 

or 40 CFR 51.166. 

(g) Any change in ownership at a stationary source; 

(h) The addition, roplacomont or use of a PCP at an existing emissions unit 

mooting the requirements of thi3 rule. A replacement control technology 

must provide more effective emission control than that of the replaced 

control technology to qualify for this exclusion. 

ft¥h) The installation, operation, cessation, or removal of a temporary clean 

coal technology demonstration project, provided that the temporary 

clean coal technology demonstration project complies with: 

(i) The Ohio state implementation plan, and 

(ii) Other requirements necessary to attain and maintain the national 

ambient air quality standard during the temporary clean coal 

technology demonstration project and after it is terminated. 

(j)(i) For PSD purposes only, the installation or operation of a permanent 

clean coal technology demonstration project that constitutes 

repowering, provided that the project does not result in an increase in 

the potential to emit of any regulated pollutant emitted by the unit. This 

exemption shall apply on a pollutant-by-pollutant basis. 

(k)(j) For PSD purposes only, the reactivation of a very clean coal-fired 

electric utility steam generating unit. 
3745-31-01 18 

(6) This definition shall not apply with respect to a particular regulated NSR 

pollutant when the major stationary source is complying with the 

requirements under rule 3745-31-32 of the Administrative Code for a PA L 

for that pollutant. Instead, the definition under paragraph fGGGGXHHHFO of 

this rule shall apply. 

ffiJ¥KKK) "Major source baseline date" means: 

(1) In the case of a particulate matter and sulfur dioxide, January 6, 1975, and 

(2) In the case of nitrogen dioxide, February 8, 1988. 

(3) The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if: 

(a) The area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under Section 107(d)(1)(D) 

or (E) of the Clean Air Ac t for the pollutant on the date of its complete 

application under 40 CFR 52.21 or the requirements of rules 

3745-31-11 to 3745-31-20 ofthe Administrative Code; and 

(b) In the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or in the case of a major modification, there would 

be a significant net emissions increase of the pollutant. 

(KKK)(LLL) "Major stationary source" means any stationary source or any group of 

stationary sources that are described in paragraphs (KKK)( 1 XLLL)( 1) or 

(KKKX2XLLLX2 ) of this rule except as restricted under paragraphs 

(KKK)(3)OJX)0 ) to (KKK)(5)jlJJQ(5} ofthis rule. 

(1) For stationary sources located in a nonattainment area for a given regulated air 

pollutant: 

A ny stationary source of air pollutants that emits, or has the potential to emit 

one hundred tons per year or more of the given regulated NSR pollutant, or 

(2) For stationary sources located in an attainment area for a given regulated air 

pollutant: 

(a) Any of the following stationary sources of air pollutants that emits, or has 

the potential to emit, one hundred tons per year or more of any 
3745-31-01 19 

regulated NSR pollutant: 

(i) Fossil fuel-fired steam electric plants of more than two hundred fifty 

million British thermal units per hour heat input; 

(ii) Coal cleaning plants (with thermal dryers); 

(iii) Kraft pulp mills; 

(iv) Portland cement plants; 

(v) Primary zinc smelters; 

(vi) Iron and steel mill plants; 

(vii) Primary aluminum ore reduction plants; 

(viii) Primary copper smelters; 

(ix) Municipal incinerators capable of charging more than two hundred 

fifty tons of refuse per day; 

(x) Hydrofluoric, sulfuric or nitric acid plants; 

(xi) Petroleum refineries; 

(xii) Lime plants; 

(xiii) Phosphate rock processing plants; 

(xiv) Coke oven batteries; 

(xv) Sulfur recovery plants; 

(xvi) Carbon black plants (furnace process); 

(xvii) Primary lead smelters; 

(xviii) Fuel conversion plants; 
3745-31-01 20 

(xix) Sintering plants; 

(xx) Secondary metal production plants; 

(xxi) Chemical process plants^ except for ethanol production facilities 

that produce ethanol by natural fermentation included in NAICS 

codes 325193 or 312140: 

(xxii) Fossil fuel boilers (or combinations thereof) totaling more than 

two hundred fifty million British thermal units per hour heat 

input; 

(xxiii) Petroleum storage and transfer units with a total storage capacity 

exceeding three hundred thousand barrels; 

(xxiv) Taconite ore processing plants; 

(xxv) Glass fiber processing plants; and 

(xxvi) Charcoal production plants, or 

(b) Notwithstanding the stationary source size specified in paragraph 

(KKK)(2)(a)(LLL)(2)(a) of this rule, any stationary source that emits, 

or has the potential to emit, two hundred fifty tons per year or more of 

any regulated NSR pollutant. 

(3) A major stationary source that is major for VOCs shall be considered major for 

ozone. 

(4) The fugitive emissions of a stationary source to the extent quantifiable shall not 

be included in determining for any of the purposes of this rule whether it is a 

major stationary source, unless the stationary source belongs to one of the 

following categories of stationary sources: 

(a) Coal cleaning plants (with thermal dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 
3745-31-01 21 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of charging more than 250two hundred 

fifty tons of refuse per day; 

(i) Hydrofluoric, sulfuric, or nitric acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(1) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production plants; 

(t) Chemical process plantst except for ethanol production facilities that 

produce ethanol by natural fermentation included in NAICS codes 

325193 or 312140: 

(u) Fossil-fiiel boilers (or combination thereof) totaling more than two 
3745-31-01 22 

hundred fifty million British thermal units per hour heat input; 

(v) Petroleum storage and transfer units with a total storage capacity 

exceeding three hundred thousand barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric plants of more than two hundred fifty 

million British thermal units per hour heat input; 

(aa) Any other stationary source category which, as of August 7, 1980, is 

being regulated under Section 111 or 112 of the Clean Air Act. 

(5) Any physical change that would occur at a stationary source not qualifying 

under paragraph (KKK)(LLL) of this rule as a major stationary source would 

be considered a major stationary source, if the change would constitute a 

major stationary source by itself. 

fLLLYMMM ) "Maximum achievable control technology emission limitation for new 

sources" or "MAC T emission limitation for new sources" means the emission 

limitation which is not less stringent than the emission limitation achieved in 

practice by the best controlled similar source, and which reflects the maximum 

degree of reduction in emissions that the director, taking into consideration the cost 

of achieving such emission reduction, and any non-air quality health and 

environmental impacts and energy requirements, determines is achievable by the 

constructed or reconstructed major MAC T source. 

(MMM)(NNN) "Maximum uncontrolled emissions" (only used for express 

permit-to-install or express PTIO processing (registration status)) means the 

amount of emissions from the air contaminant source in tons per year calculated at 

the maximum operating capacity of the air contaminant source based upon 

operating eight thousand seven hundred sixty hours per year in the absence of 

control equipment. 

(NNN)(OOQ) "Minor source baseline date" means the earliest date after the trigger date 

on which a major stationary source or a major modification subject to 40 CFR 

52.21 or the requirements of rules 3745-31-11 to 3745-31-20 of the Administrative 

Code submits a complete application under the relevant regulations. The trigger 
3745-31-01 23 

date is: 

(1) In the case of a particulate matter and sulfur dioxide, August 7, 1977; and 

(2) In the case of nitrogen dioxide, February 8, 1988. 

(3) The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if: 

(a) The area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under Section 107(d)(1)(D) 

or (E) of the Clean Air Act for the pollutant on the date of its complete 

application under 40 CFR 52.21 or the requirements of rules 

3745-31-11 to 3745-31-20 ofthe Administrative Code; and 

(b) In the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or in the case of a major modification, there would 

be a significant net emissions increase of the pollutant. 

(4) Any minor source baseline date established originally for the TSP increments 

shall remain in effect and shall apply for purposes of determining the amount 

of available PMIO increments, except that the director may rescind any such 

minor source baseline date where it can be shown, to the satisfaction of the 

director, that the emissions increase from the major stationary source, or the 

net emissions increase from the major modification, responsible for triggering 

that date did not result in a significant amount of PMIO emissions. 

(OOQ)(PPP) "Model general permit" means a document that the director has developed 

that includes a definition of a category of air contaminant source, a description of 

the qualifications that must be met for that category of source and model terms and 

conditions that will be used as a general permit for any qualified air contaminant 

source. 

(PPP){QQQ) "Modify" or "modification" means: 

(1) Any physical change in, or change in the method of operation of: 

(a) Any air contaminant source that: 

(i) Results in an increase in the allowable emissions; or 
3745-31-01 24 

(ii) Results in an increase in emissions of greater than the de minimis 

levels in rule 3745-15-05 of the Administrative Code of any type 

of air contaminant not previously emitted; or 

(iii) Results in the relocation of the air contaminant source to a new 

facility, including, but not limited to, the movement of any 

existing air contaminant source from another state, county, or 

other geographic location; or 

(iv) Is otherwise defined as a major modification, or is defined as a 

modification under applicable regulations promulgated by the 

administrator of the United States environmental protection 

agency regarding new source performance standards or national 

emission standards for hazardous pollutants, or is either a new 

source or a reconstruction under applicable rules promulgated by 

the administrator under Section 112 of the Clean Air Act. 

(v) 'Modify1 or 'modification' shall not include routine maintenance, 

routine repair, and routine replacement; use of an alternate fuel or 

raw material that the source is capable of accommodating and is 

not expressly prohibited from using under any permit condition or 

applicable requirement of the Clean Air Act; an increase in the 

hours of operation or in the production rate that is not expressly 

prohibited under any permit condition or applicable requirement 

of the Ohio environmental protection agency or the Clean Air 

Act. 

(vi) 'Modify' or 'modification' shall not include pollution control or 

pollution prevention projects that the director has determined, in 

writing, are environmentally beneficial. Environmentally 

beneficial projects do not include those that cause or contribute to 

a violation of a national ambient air quality standard, cause or 

contribute to a violation of an increment per paragraph (B) of rule 

3745-31-11 of the Administrative Code, adversely impact a 

visibility limitation, or are expressly prohibited under any Ohio 

environmental protection agency or Clean Air Ac t permit 

condition or applicable requirement. 

(vii) 'Modify' or 'modification' shall not include allowable emission 

increases due to an alternative emission limit that satisfies the 

criteria set forth in division (E) of section 3704.03 of the Revised 

Code and is consistent with division (K) of section 3704.036 of 

the Revised Code. 
3745-31-01 25 

(b) Any significant air contaminant source project that, for the specific air 

contaminant or air contaminants for which the air contaminant source 

project is classified as a significant air contaminant source project, 

results in an increase in the ambient air quality impact of the air 

contaminant source project greater than the following levels as 

determined by atmospheric dispersion modeling or by another method 

acceptable to the director: 

(i) Carbon monoxide - five hundred seventy-five |!g/m3, eight-hour 

average; 

(ii) Nitrogen dioxide - fourteen (ig/m3, twenty-four hour average; 

(iii) Total suspended particulate - ten (ig/m3, twenty-four hour average; 

(iv) Sulfur dioxide - fifteen (ig/m3, twenty-four hour average; 

(v) Lead - 0.1 pg/m3, twenty-four hour average; or 

(OOO)fRRR) "Municipal solid waste landfill" or "MS W landfill" means, as defined 

under paragraph (B)(14) of rule 3745-76-01 of the Administrative Code, an entire 

disposal facility in a contiguous geographical space where municipal solid waste is 

placed and regulated in accordance with Chapters 3745-27 and 3745-37 of the 

Administrative Code and excludes scrap tire monofills. A MS W landfill may also 

receive other types of RGRAResource Conservation and Recovery Ac t fRCRA ) 

Subtitle D wastes (rule 3745-50-10 of the Administrative Code) such as 

commercial solid waste, nonhazardous sludge, and industrial solid waste. Portions 

of a MS W landfill may be separated by access roads. A MS W landfill may be 

publicly or privately owned. A MS W landfill may be a new MS W landfill or 

existing MS W landfill. 

(RRR){SSS} "Necessary pre-construction approvals or permits" means those permits or 

approvals required under federal air pollution control laws and regulations and 

those air pollution control laws and regulations that are part of the federally 

approved Ohio state implementation plan. 

(SSS)(TTT) "Net emissions increase" means, with respect to any regulated NSR pollutant 

emitted by a major stationary source, the amount by which the sum of the 

following, except as limited by paragraph (SSS)(3)(TTT)(3) of this rule, exceeds 

zero: 
3745-31-01 26 

(1) Any increase in emissions from a particular physical change or change in the 

method of operation at a stationary source as calculated under this rule; and 

(2) Any other increases and decreases in actual emissions at the stationary source 

that are contemporaneous with the particular change and are otherwise 

creditable. Baseline actual emissions for calculating increases and decreases 

under paragraph (SSS)(TTT) of this rule shall be determined as provided in 

paragraph (O) of this rule, except that paragraphs (0)(l)(c) and (0)(2)(d) of 

this rule shall not apply. 

(3) The following subparagraphs limit paragraphs and 

(a) A n increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change only if it occurs between the date 

five years before construction on the particular change commences and 

the date that the increase from the particular change occurs;. 

(b) A n increase or decrease in actual emissions is creditable only if the 

director has not relied on it in issuing a permit for the stationary source 

under regulations approved pursuant to this rule, which permit is in 

effect when the increase in actual emissions from the particular change 

occurs; 

(c) For PS D purposes only, an increase or decrease in actual emissions of 

sulfur dioxide, nitrogen oxide, or particulate matter that occurs before 

the applicable minor source baseline date is creditable only if it is 

required to be considered in calculating the amount of maximum 

allowable increases remaining available. Only PMI O emissions shall be 

used to evaluate the net emissions increase for PMIOT ; 

(d) The increase or decrease in omissions did not occur at a clean unit, except 

as provided in paragraphs (A)(8) and (B)(10) of rule 3745 31 30 of the 

Administrative Code; 

(e)(d) A n increase in actual emissions is creditable only to the extent that the 

new level of actual emissions exceeds the old levels 

(f)(e) A decrease in actual emissions is creditable only to the extent that: 

(i) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 
3745-31-01 27 

emissions; 

(ii) It is enforceable as a practical matter at and after the time that actual 

construction on the particular change begins; 

(iii) It has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the 

particular change; 

(iv) The decrease in actual omissions did not result from the installation 

of add-on—control—technology—OF—application—of pollution 

prevention practices that wore relied on in designating an 

omissions unit as a clean unit under rule 3745 31-30 of the 

Administrative Code. That is, once an omissions unit has boon 

designated as a clean unit, the owner or operator cannot later use 

the omission reduction from the air pollution control measures 

that the clean unit designation is based on in calculating the not 

omissions increase for another omissions unit (i.e., must not uso 

that reduction in a netting analysis' for another omissions unit). 

However, any now emission reductions that wore not relied upon 

in a PCP—excluded pursuant to—rale—3745 31 31—of tho 

Administrative Code or for a clean unit designation arc creditable 

to tho extent they moot tho requirements in paragraph (B)(6)(d) of 

rule 3715 31 31 of tho Administrative Code for the PCP and 

paragraphs (A)(8) and (B)(10) of rule 3715 31 30 of tho 

Administrative Codo for a clean unit; 

(¥)(iv) For nonattainment NSR purposes only, the director has not 

relied on it in issuing any permit under regulations pursuant to 40 

C FR Part 51, Subpart I or the director has not relied on it in 

demonstrating attainment or reasonable further progressr; 

fg¥f) A n increase that results from a physical change at a stationary source 

occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular air pollutant. An y 

replacement unit that requires shakedown becomes operational only 

after a reasonable shakedown period, not to exceed one hundred eighty 

days; and: 

(h)(g) Paragraph (C)(1) of this rule shall not apply for determining creditable 

increases and decreases or after a change. 

(TTT)(UUU) "New source" means any air contaminant source for which an owner or 
3745-31-01 28 

operator undertakes a continuing program of installation or modification or enters 

into a binding contractual obligation to undertake and complete, within a 

reasonable time, a continuing program of installation or modification, after January 

1, 1974, and that at the time of installation or modification, would have otherwise 

been subject to the provisions of this chapter. The replacement of an entire air 

contaminant source is considered a new source. 

(UUU)(VVV) "Nowsourco New source review project" or "NSR project" means a 

physical change in, or change in the method of operation of, an existing major 

stationary source. 

(VVV)(WWW) "Nonattainment" or "nonattainment area," for a given pollutant, for 

purposes of determining applicability of Chapter 3745-31 of the Administrative 

Code, means that the area has been designated as nonattainment in 40 CFR 81.336. 

(WWW)(XXX ) "Nonattainment new source review permit" or "nonattainment NSR 

permit" means any permit that is issued under a major source preconstruction 

permit program that has been approved by the administrator and incorporated into a 

plan to implement the requirements of 40 CFR 51.165, or a program that 

implements 40 CFR Part 51, Appendix S, Sections I through VI. 

(XXX)(YYY ) "Non-heatset" means an offset lithographic printing process where the 

printing inks dry by oxidation and absorption without the use of heat. For the 

purposes of this chapter, ultraviolet-cured (UV) and electron beam-cured inks 

employed in an offset lithographic printing process are considered non-heatset. 

fYYYXZZZ ) "Non-methane organic compound" or "NMOC" has the same meaning as 

found in paragraph (B)(16) of rule 3745-76-01 of the Administrative Code. 

(ZZZ)(AAAA1 "Non-road engine" means, as defined under 40 CFR 89.2: 

(1) Except as discussed in paragraph rZZZX2yAAAA)(2) of this rule, a non-road 

engine is any internal combustion engine: 

(a) In or on a piece of equipment that is self-propelled or serves a dual 

purpose by both propelling itself and performing another function (such 

as garden tractors, off-highway mobile cranes and bulldozers); or 

(b) In or on a piece of equipment that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); or 

(c) That, by itself or in or on a piece of equipment, is portable or 
3745-31-01 29 

transportable, meaning designed to be and capable of being carried or 

moved from one location to another. Indicia of transportability include, 

but are not limited to, wheels, skids, carrying handles, dolly, trailer, or 

platform. 

(2) A n engine is not a non-road engine if: 

(a) The engine is used to propel a motor vehicle or a vehicle used solely for 

competition, or is subject to standards promulgated under Section 202 

of the Clean Air Act; or 

(b) The engine is regulated by a federal new source performance standard 

promulgated under Section 111 of the Clean Air Act; or 

(c) The engine otherwise included in paragraph (ZZZY1 )(c)(AAAA)( 1 X c^ ° f 

this rule remains or will remain at a location for more than twelve 

consecutive months or a shorter period of time for an engine located at 

a seasonal source. A location is any single site at a building, structure, 

facility, or installation. An y engine (or engines) that replaces an engine 

at a location and that is intended to perform the same or similar function 

as the engine replaced will be included in calculating the consecutive 

time period. A n engine located at a seasonal source is an engine that 

remains at a seasonal source during the M l annual operating period of 

the seasonal source. A seasonal source is a stationary source that 

remains in a single location on a permanent basis (i.e., at least two 

years) and that operates at that single location approximately three 

months (or more) each year. This paragraph does not apply to an engine 

after the engine is removed from the location-:: or 

(d) Engines used in aircraft as defined in 40 CFR 87.1(a); or 

(e) Engines used in underground mining or engines used in underground 

mining equipment and regulated by the "Mining Safety and Health 

Administration" (MSHA) in 30 CFR Parts 7, 36, 56, 57, 70, and 75; or 

(f) Engines subject to the standards of 40 CFR Part 92 (engines exempted 

from the requirements of 40 CFR Part 92 under 40 CFR 92.907 are 

subject to the requirements of 40 CFR Part 89); or 

(g) Engines used in marine vessels as defined in 1 USC 3, if those engines 

have a rated power at or above thirty-seven kilowatts; or 
3745-31-01 30 

(h) Engines with a per cylinder displacement of less than fifty cubic 

centimeters. 

){BBBB} "Ohio state implementation plan" means the plan submitted by the state 

of Ohio to, and approved by, the United States environmental protection agency in 

response to Section 110 of the Clean Air Act. 

(BBBBYCCC Q "Organic compounds" or "OC" means any chemical compound 

containing carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides, metallic carbonates, ammonium carbonate, non landfill gas 

methane and ethane. 

(CCCC)(DDDD) "PA L allowable emissions" means allowable emissions as defined in 

this rule, except as this definition is modified under this paragraph. 

(1) The allowable emissions for any emissions unit shall be calculated considering 

any emission limitations that are enforceable as a practical matter on the 

emissions unit's potential to emit. 

(2) A n emissions unit's potential to emit shall be determined using the definition in 

paragraph (UUUU)(VVVV ) of this rule, except that the words or enforceable 

as a practical matter should be added after federally enforceable. 

(DDDDXEEEE) "PA L effective date" generally means the date of issuance of the PA L 

permit. However, the PA L effective date for an increased PA L is the date any 

emissions unit, which is part of the PA L major modification, becomes operational 

and begins to emit the PA L pollutant. 

(EEEE¥FFFF) "PA L effective period" means the period beginning with the PA L 

effective date and ending ten years later. 

fFFFFXGGGG ) "PA L major emissions unit" means: 

(1) An y emissions unit that emits or has the potential to emit one hundred tons per 

year or more of the PA L pollutant in an attainment area; or 

(2) An y emissions unit that emits or has the potential to emit the PA L pollutant in 

an amount that is equal to or greater than the major source threshold for the 

P A L pollutant as defined by the Clean Air Act for nonattainment areas. For 

example, in accordance with the definition of major stationary source in 

Section 182(c) of the Clean Air Act, an emissions unit would be a PA L major 
3745-31-01 31 

emissions unit for VO C if the emissions unit is located in a serious ozone 

nonattainment area and it emits or has the potential to emit fifty or more tons 

of VO C per year. 

¥HHHH) "PA L major modification" means, notwithstanding this rule (the 

definitions for major modification and net emissions increase), any physical change 

in or change in the method of operation of the PA L source that causes it to emit the 

P A L pollutant at a level equal to or greater than the PAL . 

Mill!) "PA L permit" means the permit-to-install issued by the director that 

establishes, incorporates or modifies a PA L for a major stationary source. 

(IIII)(JJJJ) "PA L pollutant" means the pollutant for which a PA L is established at a major 

stationary source. 

fJJJJVKKKK) "PA L significant emissions unit" means an emissions unit that emits or 

has the potential to emit a PA L pollutant in an amount that is equal to or greater 

than the significant level as defined in this rule or in the Clean Air Act whichever is 

lower for that PA L pollutant, but less than the amount that would qualify the unit as 

a PA L major emissions unit as defined in this rule. 

(KKKK)(LLLL ) "PA L small emissions unit" means an emissions unit that emits or has 

the potential to emit the PA L pollutant in an amount less than the significant level 

for that PA L pollutant, as defined in this rule or in the Clean Air Act, whichever is 

lower. 

fLLLLVMMMM ) "Particulate matter" shall have the same meaning as found in rule 

3745-17-01 ofthe Administrative Code. 

(MMMM)(NNNfrfl "Particulate matter emissions" shall have the same meaning as found 

in rule 3745-17-01 of the Administrative Code. 

(NNNN)(OOOQ) "Person" means the federal government or any agency thereof, the state 

or any agency thereof, any political subdivision, or any agency thereof, or any 

public or private corporation, individual, partnership, or other entity. 

){PPPP) "Plantwide applicability limitation" or "PAL " means an emission 

limitation expressed in tons per year, for a pollutant at a major stationary source, 

that is enforceable as a practical matter and established source-wide in accordance 

with paragraphs (A)(1) to (A)(13) of rule 3745-31-32 of the Administrative Code. 

(FPPPXQQQQ) "PMIO" means particulate matter with an aerodynamic diameter less 
3745-31-01 32 

than or equal to a nominal ten micrometers as measured by a reference method 

based on 40 CFR Part 50, Appendix J and designated in accordance with 40 CFR 

Part 53 or an equivalent method designated in 40 CFR Part 53. 

fOOOOYRRRR) "PMIO emissions" means finely divided solid or liquid material, with 

an aerodynamic diameter less than or equal to a nominal ten micrometers that is or 

has been emitted to the ambient air as measured by an applicable reference method, 

or an equivalent or alternative method, specified in 40 CFR Part 51, Appendix M . 

(RRRRXSSSS) "Pollution control project" or "PCP" moans any activity, sot of work 

practices or project (including pollution prevention as defined under this rule) 

undertaken at an existing emissions unit that reduces omissions of air pollutants 

from 3uch unit. Such qualifying activities or projects can include tho replacement or 

upgrade of an existing omission control technology with a moro effective unit. 

Othor changes that may occur at tho sourco aro not considorod part of the PCP if 

thoy are not nocc3sary to reduce omissions through the PCP. Projects listed under 

this paragraph aro presumed to bo environmentally beneficial pursuant to paragraph 

(B)(2)(a) of rule 3745 31 31 ofthe Administrative Code. Projects not listed under 

this paragraph may qualify for a case specific PCP exclusion pursuant to tho 

rcquiromonts—of paragraphs—(B)(2)—and (B)(5)—of rule—3745 31 31—of tho 

Administrativo Codo.Reserved. 

(1) Conventional or advanced flue ga3 desulfurization or sorbent injection for 

control of sulfur dioxide. 

(2) Electrostatic precipitators, baghousos, high efficiency multiclonos, or scrubbers 

for control of particulate matter or other pollutants. 

(3) Flue gas recirculation, low N O burners or combustors, selective non catalytic 

reduction, selective catalytic reduction, low omission combustion (for IC 

engines), and oxidation^absorption catalyst for control of nitrogen oxides. 

(4) Regenerative thermal oxidizers, catalytic oxidizers, condensers, thermal 

incinorators, hydrocarbon combustion flaros, biofiltration, absorbers and 

adsorbers, and floating roof3 for storage vessels for control of VOCs or 

HAPs. For tho purpose of this paragraph, hydrocarbon combustion flare 

moans oithor a flare u3od to comply with an applicable now sourco 

performance standard or MAC T standard (including U3C3 of flaro3 during 

startup, shutdown, or malfunction permitted under such a standard), or a flare 

that servos to control omissions of waste streams comprised predominately of 

hydrocarbons and containing no moro than two hundred thirty milligrams 

hydrogen sulfide por dry standard cubic motor. 

(5) Activities or projects undertaken to accommodate switching (or partially 

switching) to an inherently lc33 polluting fuol, to be limited to tho following 
3745-31-01 

flxol 3witcho3: 

(a) Switching from a heavier grade of fuel oil to a lighter fuol oil, or any 

grade of oil to 0.05 per cont sulfur dio3cl (i.e., from a higher 3ulfur 

content number two fuel or from number 3ix fuel, to California 0.05 per 

cont sulfur number two diosol); 

(b) Switching from coal, oil, or any solid fuel to natural gas, propane, or 

gasified coal; 

(c) Switching from coal to wood, excluding construction or demolition waste, 

chemical or pesticide treated wood, and othor forms of uncloan wood; 

(d) Switching from coal to number two fuel oil (0.5 per cent maximum sulfur 

content); and 

(c) Switching from high 3ulfur coal to low 3ulfur coal (maximum 1.2 per cont 

sulfur content). 

(6) Activitios or projects undcrtakon to accommodato switching from tho use of one 

ozone depleting 3ub3tancc (ODS) to the U3c of a 3ub3tancc with a lower or 

zero ozone depletion potential (ODP), including changes to equipment 

needed to accommodate tho activity or project, that moot the requirements of 

paragraphs (RRRR)(6)(a) and (RRRR)(6)(b) ofthis rule. 

(a) Tho productive capacity of tho oquipmont i3 not increased as a result of 

tho activity or project. 

(b) The projected usage of tho new 3ub3tancc i3 lower, on an ODP-weighted 

basis, than tho basolino usage of the replaced ODS. To make this 

determination, followr tho procedure in paragraphs (RRRR)(6)(b)(i) t ° 

(RRRR)(6)(b)(iv) ofthis rule. 

(i) Determine tho ODP of tho substances by consulting 40 CFR Part 82, 

Subpart A , Appendices A and B. 

(ii) Calculate the replaced ODP-woightod amount by multiplying tho 

basolino actual usage (using the annualized average of any 

twenty four consecutive months of usage within tho past ton 

years) by tho ODP ofthe replaced ODS. 

(iii) Calculate tho projected ODP weighted amount by multiplying tho 

projected future annual usage of tho now substance by its ODP. 

(iv) If the valuo calculated in paragraph (RRRR)(6)(b)(ii) of thi3 rule i3 

moro than the value calculated in paragraph (RRRR)(6)(b)(iii) of 

this rulo, then tho projected use of tho now substance is lower, on 
3745-31-01 34 

an ODP-weighted basis, than tho basolino usage of tho replaced 

fSSSSXTTTT) "Pollution prevention" means any activity that through process changes, 

product reformulation or redesign, or substitution of less polluting raw materials, 

eliminates or reduces the release of air pollutants (including fugitive emissions) and 

other pollutants to the environment prior to recycling, treatment, or disposal; it does 

not mean recycling (other than certain in-process recycling practices), energy 

recovery, treatment, or disposal. 

(TTTT)(UUUU) "Portable source" means an air contaminant source that, in the director's 

judgment, is specifically designed to be transferred to a new site as needs warrant. 

(UUUU)(VVVV ) "Potential to emit" means the maximum capacity of an emissions unit 

or stationary source to emit an air pollutant under its physical and operational 

design. An y physical or operational limitation on the capacity of the emissions unit 

or stationary source to emit an air pollutant, which includes any federally regulated 

air pollutant as defined in paragraph (DP) of rule 3745-77-01 of the Administrative 

Code, including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored or processed, 

shall be treated as part of its design if the limitation or the effect it would have on 

emissions is federally enforceable or legally and practicably enforceable by the 

state. Secondary emissions do not count in determining the potential to emit of a 

stationary source. 

(VVVV)(WWWW) "Predictive emissions monitoring system" or "PEMS" means all of 

the equipment necessary to monitor process and control device operational 

parameters (for example, control device secondary voltages and electric currents) 

and other information (for example, gas flow rate, oxygen or carbon dioxide 

concentrations), and calculate and record the mass emission rate (for example, 

pounds per hour) on a continuous basis. 

(WWWW)(XXXX ) "Prevention of significant deterioration increment" or "PSD 

increment" means an allowable increment specified in paragraph (B) of rule 

3745-31-11 ofthe Administrative Code. 

(XXXX)(YYYY ) "Prevention of significant deterioration permit" or "PSD permit" means 

any permit that is issued under a major source preconstruction permit program that 

has been approved by the administrator and incorporated into the plan to implement 

the requirements of 40 CFR 51.166, or under the program in 40 CFR 52.21. 

(YYYY¥ZZZZ) "Process or production unit" means any collection of structures and/or 

equipment that processes, assembles, applies, or otherwise uses material inputs to 
3745-31-01 35 

produce or store an intermediate or final product. A single facility may contain 

more than one process or production unit. 

[Comment: The definition of a process or production unit can be determined by the 

intermediate product of a process. For example, at a plant which manufactures 

fiberglass reinforced plastic boats, the owners wish to add more spray guns to an 

existing fabrication line to supplement existing spray guns in laminating a 

particular model of boat hulls. The new spray guns will have a potential to emit 

greater than ten tons per year of a single HAP. In this example, the fiberglass hull 

of a boat is an intermediate product in the manufacture of a final product (a boat). 

The collection of equipment needed to manufacture the intermediate product 

includes the new spray guns, the existing spray guns, the laminating operation, and 

other supporting equipment. Because the new spray guns in and of themselves do 

not produce the intermediate product, they are not in and of themselves a process or 

production unit, and therefore are not subject to review under rule 3745-31-28 of 

the Administrative Code. Other examples of the applicability of this definition are 

found at 61 Fed. Reg. 68391-68392 (December 27, 1996).] 

rZZZZyAAAAA ) "Projected actual emissions" means, the maximum annual rate, in tons 

per year, at which an existing emissions unit is projected to emit a regulated NS R 

pollutant in any one of the five years (twelve-month period) following the date the 

emissions unit resumes regular operation after the NSR project, or in any one of the 

ten years following that date, if the NS R project involves increasing the emissions 

unit's design capacity or its potential to emit of that regulated NSR pollutant and 

full utilization of the emissions unit would result in a significant emissions increase 

or a significant net emissions increase at the major stationary source. 

(1) In determining the projected actual emissions under this rule before beginning 

actual construction, the owner or operator ofthe major stationary source: 

(a) Shall consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the 

company's expected business activity and the company's highest 

projections of business activity, the company's filings with the state or 

federal regulatory authorities, and compliance plans under the approved 

plan; and 

(b) Shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions; and 

(c) Shall exclude, in calculating any increase in emissions that results from 

the particular NSR project, that portion of the emissions unit's 

emissions following the NSR project that an existing emissions unit 

could have accommodated during the consecutive twenty-four-month 
3745-31-01 36 

period used to establish the baseline actual emissions under paragraph 

(O) of this rule and that are also unrelated to the particular NSR project, 

including any increased utilization due to product demand growth; or, 

(d) In lieu of using the method set out in paragraphs 

(ZZZZ)(l)(aXAAAAAXlXa) to rZZZZyiYcXAAAAAYiyc ) of this 

rule, may elect to use the emissions unit's potential to emit, in tons per 

year, as defined under paragraph (UUUU)(VVVV ) of this rule. 

fBBBBB ) "PTIO" or "permit-to-install and operate" means a permit-to-install and a 

permit-to-operate applicable to air contaminant sources not located at facilities 

subject to Chapter 3745-77 of the Administrative Code. 

(AAAAAXCCCCC ) "Reactivation of a very clean coal-fired electric utility steam 

generating unit" means any physical change or change in the method of operation 

associated with the commencement of commercial operations by a coal-fired utility 

unit after a period of discontinued operation where the unit: 

(1) Has not been in operation for the two-year period prior to the enactment of the 

Clean Air Act Amendments of 1990, and the emissions from such unit 

continue to be carried in the permitting authority's emission inventory at the 

time of enactment; 

(2) Was equipped prior to shutdown with a continuous system of emission control 

that achieves a removal efficiency for sulfur dioxide of no less than 

eighty-five per cent and a removal efficiency for particulates of no less than 

ninety-eight per cent; 

(3) Is equipped with low-NO burners prior to the time of commencement of 

operations following reactivation; and 

(4) Is otherwise in compliance with the requirements of the Clean Air Act. 

flBBBBBXDDDDD) "Reconstruct a major MAC T source" means the replacement of 

components at an existing process or production unit that in and of itself emits or 

has the potential to emit ten tons per year or more of any HA P or twenty-five tons 

per year or more of any combination of HAPs, whenever: 

(1) The fixed capital cost of the new components exceeds fifty per cent of the fixed 

capital cost that would be required to construct a comparable process or 

production unit; and 
3745-31-01 37 

(2) It is technically and economically feasible for the reconstructed major source to 

meet the applicable MAC T emission limitation for new sources established 

under rule 3745-31-28 of the Administrative Code. 

(CCCCC){EEEEE} "Reduced sulfur compounds" or "RSC" means, as defined under 40 

C FR Part 60, Subpart J, the sum of the sulfur compounds hydrogen sulfide, 

carbonyl sulfide and carbon disulfide. 

rDDDDDyFFFFF) "Regulated NSR pollutant" means the following: 

(1) For stationary sources located in a nonattainment area for a given regulated air 

pollutant: 

(a) Nitrogen oxides or any VOCs; 

(b) Any pollutant for which a national ambient air quality standard has been 

promulgated; or 

(c) Any pollutant that is a constituent or precursor of a general pollutant listed 

under paragraphs (DDDDD)(l)(q)(FFFFF)(l)(a) or 

(DDDDD)(l)(b)(FFFFF)(l)(b) of this rule, provided that a constituent 

or precursor pollutant may only be regulated under NSR as part of 

regulation ofthe general pollutant. 

(2) For stationary sources located in an attainment area for a given regulated air 

pollutant: 

(a) Any pollutant for which a national ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants 

identified by the administrator (e.g., VOCs are precursors for ozone); 

(b) Any pollutant that is subject to any standard promulgated under Section 

111 ofthe Clean Air Act; 

(c) Any Class I or II substance subject to a standard promulgated under or 

established by Title V I of the Clean Air Act; or 

(d) Any pollutant that otherwise is subject to regulation under the Clean Air 

Act; except that any or all HAPs either listed in Section 112 of the 

Clean Air Act or added to the list pursuant to Section 112(b)(2) of the 
3745-31-01 38 

Clean Air Act, which have not been delisted pursuant to Section 

112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless 

the listed HA P is also regulated as a constituent or precursor of a 

general pollutant listed under Section 108 of the Clean Air Act. 

EE¥GGGGG) "Replacement unit" means an emissions unit for which all the 

criteria listed under this paragraph are met. No creditable emission reductions shall 

be generated from shutting down the existing emissions unit that is replaced. 

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 

60.15(b)(1), or the emissions unit completely takes the place of an existing 

emissions unit. 

(2) The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit. 

(3) The replacement does not alter the basic design parameters of the process unit. 

(4) The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from 

operation by a permit that is enforceable as a practical matter. If the replaced 

emissions unit is brought back into operation, it shall constitute a new 

emissions unit. 

PFWHHHHH) "Repowering" means: 

(1) Replacement of an existing coal-fired boiler with one of the following clean 

coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and 

indirect coal-fired turbines, integrated gasification fuel cells, or as determined 

by the administrator, in consultation with the secretary of energy, a derivative 

of one or more of these technologies, and any other technology capable of 

controlling multiple combustion emissions simultaneously with improved 

boiler or generation efficiency and with significantly greater waste reduction 

relative to the performance of technology in widespread commercial use as of 

November 15, 1990. 

(2) Repowering shall also include any oil and/or gas-fired unit which has been 

awarded clean coal technology demonstration funding as of January 1, 1991, 

by the department of energy. 

(3) The director shall give expedited consideration to permit applications for any 
3745-31-01 39 

source that satisfies the requirements of this rule and is granted an extension 

under Section 409 of the Clean Air Act. 

(GGGGG)jjnil) "Research and development activity" means an activity conducted at a 

research or laboratory facility whose primary purpose is to conduct research and 

development into new processes and products, where such a source is operated 

under the close supervision of technically trained personnel and is not engaged in 

the manufacture of products for sale or exchange for commercial profit, except in a 

de minimis manner. 

fHHHHH¥JJJJJ) "Screen printing line" means a printing process where the printing ink 

passes through a web or a fabric to which a refined form of stencil has been 

applied. The stencil openings determine the form and dimensions of the imprint. 

fiHBftfKKKKK ) "Secondary emissions" means emissions that occur as a result of the 

construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. For the 

purpose of this rule, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general areas as the stationary source or major 

modification that causes the secondary emissions. Secondary emissions include 

emissions from any off-site support operation that would not be constructed or 

increase their emissions except as a result of the construction or operation of the 

major stationary source or major modification. Secondary emissions do not include 

any emissions that come directly from a mobile source, such as emissions from the 

tailpipe of a motor vehicle, from a train or from a vessel. 

(JJJJJ)(LLLLL) "Significant air contaminant source" or "significant air contaminant 

source project" means any air contaminant source, or air contaminant source 

project, that emits: 

(1) Greater than one. hundred tons per year of any of the following air 

contaminants: 

(a) Particulate matter; or 

(b) Sulfur dioxide; or 

(c) Nitrogen oxides; or 

(d) OCs; or 

(2) Greater than one thousand tons per year of carbon monoxide; or 
3745-31-01 40 

(3) Greater than two tons per year of lead. 

:KK)(MMMMM ) 

(1) "Significant" means, in reference to a net emissions increase or the potential of 

a stationary source to emit any of the following air pollutants, a rate of 

emissions that would equal or exceed any of the following rates: 

A ir Pollutant Emission Rate (Ton/Yr) 

Carbon monoxide 100 

Nitrogen oxides 40 

Sulfur dioxide 40 

¥SP-Particulate matter 25 

Particulate matter less than ten microns 15 

Ozone (VOCs) 40 

Lead 0.6 

Fluorides (excluding hydrogen fluoride) 3 

Sulfuric acid mist 7 

Hydrogen sulfide 10 

TRS 10 

RSCs 10 

NMOC s from municipal waste landfills 50 

(a) Municipal waste combustor organic (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofixrans): 3.2 grams per year 

(0.007055 pounds per year). 

(b) Municipal waste combustor metals (measured as particulate matter): 

fourteen megagrams per year (fifteen tons per year). 

(c) Municipal waste combustor acid gases (measured as sulfur dioxide and 
3745-31-01 41 

hydrogen chloride): thirty-six megagrams per year (forty tons per year). 

(2) "Significant", in reference to a net emissions increase or the potential of a 

stationary source to emit a regulated NSR pollutant that the air pollutant and 

emission rate table in paragraph (KKKKKY 1 )(MMMMM)( 1) of this rule 

does not list, any emission rate. 

(3) Notwithstanding paragraph (KKKKK) ( 1YMMMMMY1 ) of this rule, 

"significant" means any emission rate or any net emissions increase 

associated with a major stationary source or major modification that would be 

constructed within ten kilometers of a Class I area, and have an impact on 

such area equal to or greater than one microgram per cubic meter 

(twenty-four hour average). 

(LLLLL)(NNNNN ) "Significant emissions increase" means, for a regulated NSR 

pollutant, an increase in emissions that is significant, as defined in this rule, for that 

pollutant. 

)(00000 ) "Similar source" means a stationary source or process that has 

comparable emissions and is structurally similar in design and capacity to a 

constructed or reconstructed major MAC T source such that the source could be 

controlled using the same control technology. 

}NN){PPPPP} "Soil-liquid extraction remediation activities" means soil remediation 

activities that use a process for physically separating (extracting) groundwater from 

soils contaminated with low levels of organic species or other pollutants that are 

moderately soluble in an aqueous phase using a trench dug around or along side the 

contaminated soil perpendicular to the groundwater's down gradient flow direction. 

The contaminated groundwater is collected in the trench and transferred out of the 

trench for further treatment to separate the soluble contaminants from the water and 

to destroy the contaminants in an air pollution control system. 

)QQ¥QOPQQ) "Soil-vapor extraction remediation activities" means soil 

remediation activities that use a process for physically separating (extracting) 

contaminates that are VOCs and semivolatile organic compounds from unsaturated 

soils by placing a porous tube (or tubes) under vacuum in the contaminated soil, 

and when a vacuum is drawn on the tube, vapor and some groundwater are drawn 

into the tube. The vapors collected through the vacuum system are then sent to an 

air pollution control system to destroy the organic contaminants. 

(ppppp)(RRRRR) "Stationary source" means all of the emissions units that belong to the 

same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control ofthe same person (or persons under common 
3745-31-01 42 

control) except the activities of any vessel and those emissions resulting directly 

from an internal combustion engine for transportation purposes or from a non-road 

engine or non-road vehicle as defined in Section 216 of the Clean Air Act. 

Emissions units shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., that have the same two-digit code) as 

described in the "Standard Industrial Classification Manual." 

9QO¥SSSSS) "Temporary clean coal technology demonstration project" means a 

clean coal technology demonstration project that is operated for a period of five 

years or less, and which complies with the state implementation plan for the state in 

which the clean coal technology demonstration project is located and other 

requirements necessary to attain and maintain the national ambient air quality 

standards during the clean coal technology demonstration project and after it is 

terminated. 

tRRYTTTTT) "Temporary source" means any new source of air contaminants or 

modification of an air contaminant source, that is subject to a written declaration by 

the operator to the director that the air contaminant source will cease operation, be 

relocated, or obtain a new permanent permit-to-install within two years of the draft 

of declaration. 

}(UUUUU) "Title I modification" means any modification under Section 111 or 

112 of the Clean Air Act and any major modification under Parts C or D of Title I 

ofthe Clean Air Act. 

(TTTTT)(VVVVV) "Total reduced sulfur" or "TRS" means, as defined under paragraph 

(L) of rule 3745-73-01 of the Administrative Code, the sum of the sulfur 

compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl 

disulfide, that are measured by methods specified in rule 3745-73-04 of the 

Administrative Code. 

(UUUUU) "Total suspended particulate" or "TSP" shall have tho same moaning as found 

in rule 3745 17 01 of tho Administrative Code. 

(\r^^VVV)(WWWWW) ?>g/m3" or "ug/cm" means microgram per cubic meter. 

(WWWWW)(XXXXX) "Volatile organic compounds" or "VOC" shall have the same 

meaning as defined in rule 3745-21-01 of the Administrative Code. 

fXXXXXXYYYYY ) "Water-based ink/coating/adhesive" means an ink, coating or 

adhesive with a VO C content less than or equal to ten per cent by weight as 

applied. 
3745-31-01 43 

fYYYYYYZZZZZ ) "Water-borne" means a material in which the water content of the 

volatile fraction is at least ninety-five per cent by weight. 

fZZZZZYAAAAAA ) Incorporation by reference. This chapter includes references to 

certain matter or materials. The text of the incorporated materials is not included in 

the regulations contained in this chapter. The materials are hereby made a part of 

the regulations in this chapter. For materials subject to change, only the specific 

version specified in the regulation are incorporated. Material is incorporated as it 

exists on the effective date of this rule. Except for subsequent annual publication of 

existing (unmodified) Code of Federal Regulation compilations, any amendment or 

revision to a referenced document is not incorporated unless and until this rule has 

been amended to specify the new dates. 

(1) Availability. The materials incorporated by reference are available as follows: 

(a) Aerometric information retrieval system (AIRS). Information can be 

obtained by writing to: "Air Facility System (OECA), Office of 

Enforcement and Compliance Assurance, 1200 Pennsylvania Ave. NW , 

mail code 2222A, Washington, D.C. 20460-0001," by calling 

1-800-367-1044, or by visiting their web site at 

http ://www. epa. gov/enviro/html/airs/airs_query.html. 

(b) California air resources board (GARB) certification. Information and 

copies of executive orders, approval letters, equipment advisories, and 

equivalent test procedures may be obtained by writing to: "California 

A ir Resources Board, Monitoring and Laboratory Division, P.O. Box 

2815, Sacramento, CA , 95812-2815" or by calling (916) 327-0900. The 

full text of all CAR B certification documents are also available in 

electronic format at http://www.arb.ca.gov/vapor/vapor.htm. 

(c) Chemical abstract service (CAS). Information can be obtained by writing 

to: "Chemical Abstract Service, 2540 Olentangy River Road, 

Columbus, Ohio, 43202," or by visiting their web site at www.cas.org. 

(d) Chemical rubber company (CRC) handbook of chemistry and physics. 

Information and copies may be obtained by writing to "CRC Press 

LLC , 2000 N W Corporate Blvd., Boca Raton, Florida, 33431", by 

calling 1-800-272-7737, or at A copy of this book is also available for 

inspection and copying at most public libraries and "The State Library 

of Ohio." 

(e) Clean Air Act. Information and copies may be obtained by writing to: 
3745-31-01 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, P A 15250-7954." The full text of the Act as amended in 

1990 is also available in electronic format at www.epa.gov/oar/caa/. A 

copy of the Act is also available for inspection and copying at most 

public libraries and "The State Library of Ohio." 

(f) Code of Federal Regulations (CFR). Information and copies may be 

obtained by writing to: "Superintendent of Documents, Attn: New 

Orders, PO Box 371954, Pittsburgh, P A 15250-7954." The full text of 

the CFR is also available in electronic format at 

http://www.gpoaccess.gov/cfr/index.html. The CFR compilations are 

also available for inspection and copying at most public libraries and 

"The State Library of Ohio." 

(g) Compilation of air pollutant emission factors, AP-42. Information and 

copies may be obtained by writing to: "Superintendent of Documents, 

Attn: New Orders, PO Box 371954, Pittsburgh, P A 15250-7954." The 

full text of the compilation of air pollutant emission factors, AP-42, is 

also available in electronic format at 

http://www.epa.gov/ttn/chief/ap42/index.html. The compilation of air 

pollutant emission factors, AP-42, are also available for inspection and 

copying at most public libraries and "The State Library of Ohio." 

(h) Comprehensive Environmental Response, Compensation, and Liability 

Act (CERCLA). Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, P A 15250-7954." The full text ofthe Ac t is also available in 

electronic format at 

http://www4.law.comell.edu/uscode/42/chl03.html. A copy ofthe Act 

is also available for inspection and copying at most public libraries and 

"The State Library of Ohio." 

(i) Control technology center. Information can be obtained by writing to: 

"Research Triangle Institute, Research Triangle Park, NC, 27709," by 

calling 1-919-541-2734, or by visiting their web site at 

http ://www. epa. gov/ etv/ centers/center5 .html. 

(j) Federal Power Act. Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, P A 15250-7954." The full text ofthe Ac t is also available in 

electronic format at http://www.hemplinglaw.com/cases/fpa.htm. A 

copy of the Act is also available for inspection and copying at most 

public libraries and "The State Library of Ohio." 
3745-31-01 45 

(k) Federal Register. Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, P A 15250-7954." Online access to the Federal Register is 

available at http://www.gpoaccess.gov/nara/index.html. A copy of the 

Federal Register is also available for inspection and copying at most 

public libraries and "The State Library of Ohio." 

(1) Great lakes binational toxics strategy. Information can be obtained by 

writing to: "U.S. Environmental Protection Agency, Great Lakes 

National Program Office, 77 W. Jackson Boulevard (G-17J), Chicago, 

Illinois, 60604-3511," by calling 1-312-353-2117, or by visiting their 

web site at http://www.epa.gov/grtlakes/bns/. 

(m) Integrated risk management system (IRIS). Information can be obtained 

by writing to: "IRIS Hotline, c/o EP A Docket Center, Mail Code 

28221T, EPA-West Building, 1301 Constitution Avenue NW , 

Washington, D C 20005," by calling 1-202-566-1676, or by visiting 

their web site at http://www.epa.gov/iris/index.html. 

fa) North American industry classification system (NAICS). Information and 

copies may be obtained by contacting the National Technical 

Information Service at 1-800-553-6847. The codes are also available in 

electronic format at www.census.gov/epcd/www/naics.html. 

fa¥o) Recommended policy on control of volatile organic compounds. 

Information and copies of the federal register notice may be obtained by 

writing to: "Superintendent of Documents, Attention: New Orders, PO 

Box 371954, Pittsburgh, P A 15250-7954." The federal register notice is 

also available for inspection and copying at most public libraries and 

"The State Library of Ohio." 

fe¥p ) Resource Conservation and Recovery Act (RCRA). Information and 

copies may be obtained by writing to: "Superintendent of Documents, 

Attn: New Orders, PO Box 371954, Pittsburgh, P A 15250-7954." The 

full text of the Act is also available in electronic format at 

http://www.epa.gov/epaoswer/osw/laws-reg.htm. A copy of the Act is 

also available for inspection and copying at most public libraries and 

"The State Library of Ohio." 

(p)(cQ Standard industrial classification manual (SICM). Information and 

copies may be ordered by writing to: "U.S. Department of Commerce, 

Technology Administration, National Technical Information Service, 

Springfield, Virginia, 22161" or by calling 1-800-553-6847. A copy of 
3745-31-01 46 

the Act is also available for inspection and copying at most public 

libraries and "The State Library of Ohio." 

(q)(r) United States Code (USC). Information and copies may be obtained by 

writing to: "Superintendent of Documents, Attn: New Orders, PO Box 

371954, Pittsburgh, P A 15250-7954." The full text ofthe United States 

Code is also available in electronic format at 

http://www4.law.cornell.edu/uscode/. The U.S.C compilations are also 

available for inspection and copying at most public libraries and "The 

State Library of Ohio." 

(2) Incorporated materials: 

(a) 1 USC 3; "General Provisions, "Vessel" as including all means of water 

transportation;" published January 19, 2004 in Supplement III of the 

2000 Edition ofthe United States Code. 

(b) 30 CFR Part 7; "Testing by Applicant or Third Party;" as published in the 

July 1,20062007 Code of Federal Regulations. 

(c) 30 CFR Part 36; "Approval Requirements for Permissible Mobile 

Diesel-Powered Transportation Equipment;" as published in the July 1, 

20062007 Code of Federal Regulations. 

(d) 30 CFR Part 56; "Safety and Health Standards-Surface Metal and 

Nonmetal Mines;" as published in the July 1, 20062007 Code of 

Federal Regulations. 

(e) 30 CFR Part 57; "Safety and Health Standards-Underground Metal and 

Nonmetal Mines;" as published in the July 1, 20062007 Code of 

Federal Regulations. 

(f) 30 CFR Part 70; "Mandatory Health Standards-Underground Coal 

Mines;" as published in the July 1, 20062007 Code of Federal 

Regulations. 

(g) 30 CFR Part 75; "Mandatory Safety Standards-Underground Coal 

Mines;" as published in the July 1, 20062007 Code of Federal 

Regulations. 

(h) 40 CFR 51.165; "Permit requirements;" 51 FR 40669, Nov. 7, 1986, as 

amended at 52 FR 24713, July 1, 1987; 52 FR 29386, Aug 7, 1987; 54 
3745-31-01 

FR 27285, 27299 June 28, 1989; 57 FR 3946, Feb. 3, 1992; 57 FR 

32334, July 21, 1992; 67 FR 80244, Dec. 31, 2002; 68 FR 63027, Nov. 

7, 2003; 69 FR 40275, July 1, 2004. 

(i) 40 CFR 51.166; "Requirements for Preparation, Adoption, and Submittal 

of Implementation Plans, Prevention of significant deterioration of air 

quality;" as published in the July 1, 20062007 Code of Federal 

Regulations. 

(j) 40 CFR 52.21; "Approval and Promulgation of Implementation Plans, 

Prevention of significant deterioration of air quality;" as published in 

the July 1, 30062007 Code of Federal Regulations. 

(k) 40 CFR 60.15(b)(1); "Standards of Performance for New Stationary 

Sources - Reconstruction;" 40 FR 58420, Dec. 16, 1975. 

(1) 40 CFR 60.111b; "Standards of Performance for Volatile Organic Liquid 

Storage Vessels (Including Petroleum Liquid Storage Vessels) for 

Which Construction, Reconstruction, or Modification Commenced 

After July 23, 1984 - Definitions;" 52 F R 11429, Apr. 8, 1987, as 

amended at 54 FR 32973, Aug. 11, 1989; 65 FR 61756, Oct. 17, 2000; 

68 FR 59333, Oct. 15, 2003. 

(m) 40 CFR 60.671; "Standards of Performance for Nonmetallic Mineral 

Processing Plants - Definitions;" 51 FR 31337, Aug. 1, 1985, as 

amended at 62 FR 31359, June 9, 1997. 

(n) 40 CFR 81.336; "Designation of Area for Air Quality Planning PurposesOhio;" as published in the July 1, 30062007 Code of Federal 

Regulations. 

(o) 40 CFR 87.1(a); "Control of Air Pollution From Aircraft and Aircraft 

Engines, Definitions;" 47 FR 58470, Dec. 30, 1982, as amended at 49 

FR 31875, Aug. 9, 1984; 62 FR 25365, Ma y 8, 1997. 

(p) 40 CFR 89.2; "Control of Emissions From New and In-Use Nonroad 

Compression-Ignition Engines, Definitions;" 59 FR 31335, June 17, 

1994, as amended at 61 FR 52102, Oct. 4, 1996; 63 FR 18998, Apr. 16, 

1998; 63 FR 56996, Oct. 23, 1998; 65 FR 73331, Dec. 29, 1999; 67 FR 

68339, Nov. 8, 2002; 69 FR 39212, June 29, 2004. 

(q) 40 CFR 92.907; "Control of Air Pollution From Locomotives and 
3745-31-01 

Locomotive Engines, Non-locomotive-specific engine exemption;" 63 

FR 18998, Apr. 16, 1998; as amended at 70 FR 40457, July 13, 2005. 

(r) 40 CFR Part 50, Appendix J; "Reference Method for the Determination of 

Particulate Matter as PMIO in the Atmosphere;" 36 FR 22384, Nov. 25, 

1971; 52 FR 24664, July 1, 1987; 52 FR 29467, Aug. 7, 1987. 

(s) 40 CFR Part 51: "Requirements for preparation, adoption, and submittal of 

implementation plans:" as published in the July 1. 2007 Code of Federal 

Regulations. 

(s){t) 40 CFR Part 51, Appendix M ; "Recommended Test Methods for State 

Implementation Plans;" 36 FR 22398, Nov. 25, 1971; 55 FR 14249, 

Apr. 17, 1990; 55 FR 24687, June 18, 1990, as amended at 55 FR 

37606, Sept. 12, 1990; 56 FR 6278, Feb. 15, 1991; 56 FR 65435, Dec. 

17, 1991; 60 FR 28054, May 30, 1995; 62 FR 32502, June 16, 1997. 

£){u) 40 CFR Part 51, Appendix S, Sections I through VI; "Emission Offset 

Interpretive Ruling;" 36 FR 22398, Nov. 25, 1971; 44 FR 3282, Jan. 16, 

1979, as amended at 45 FR 31311, May 13, 1980; 45 FR 52741, Aug. 

7, 1980; 45 FR 59879, Sept. 11, 1980; 46 FR 50771, Oct. 14, 1981; 47 

FR 27561, June 25, 1982; 49 FR 43210, Oct. 26, 1984; 51 FR 40661, 

40675, Nov. 7, 1986; 52 FR 24714, July 1, 1987; 52 FR 29386, Au g 7, 

1987; 54 FR 27285, 27299, June 28, 1989; 57 FR 3946, Feb. 3,1992. 

(u)(v) 40 CFR Part 51, Appendix W; "Guideline on Air Quality Models;" 68 

F R I 8448, Apr. 15, 2003. 

(Ww) 40 CFR Part 51, Subpart I; "Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans, Subpart I — Review of New 

Sources and Modifications;" as published in the July 1, 20062007 Code 

of Federal Regulations. 

(x^ 40 CFR Part 52: "Approval and promulgation of implementation plans:" 

as published in the July 1. 2007 Code of Federal Regulations. 

(w)(y) 40 CF R Part 53; "Ambient Air Monitoring Reference and Equivalent 

Methods;" as published in the July 1, 30062007 Code of Federal 

Regulations. 

fe¥z) 40 CFR Part 58, Appendix B; "Quality Assurance Requirements for 

Prevention of Significant Deterioration (PSD) Air Monitoring;" 44 FR 

27571, Ma y 10, 1979; 44 FR 65070, Nov. 9, 1979; 44 FR 72592, 
3745-31-01 

Dec.14, 1979, as amended at 46 FR 44168, Sept. 3, 1981; 48 FR 2530, 

Jan.20, 1983; 51 FR 9596, Mar. 19, 1986; 52 FR 24741, July 1, 1987; 

59 FR 41628, 41629, Aug . 12, 1994; 60 FR 52321, Oct. 6, 1995. 

fy¥aa ) 40 CFR Part 60; "Standards of Performance for New Stationary 

Sources;" as published in the July 1, 20062007 Code of Federal 

Regulations. 

fe¥bb^ 40 CFR Part 60, Appendix A ; "Test Methods - Standards of 

Performance for New Stationary Sources;" as published in the July 1, 

39062007 Code of Federal Regulations. 

(aa)(cc) 40 CFR Part 60, Appendix B; "Performance Specifications;" 48 FR 

13327, Mar. 30, 1983 and 48 FR 23611, Ma y 25, 1983, as amended at 

48 FR 32986, July 20, 1983; 51 FR 31701, Aug. 5, 1985; 52 FR 17556, 

May 11, 1987; 52 FR 30675, Aug. 18, 1987; 52 FR 34650, Sept. 14, 

1987; 53 FR 7515, Mar. 9, 1988; 53 FR 41335, Oct. 21, 1988; 55 FR 

18876, May 7, 1990; 55 FR 40178, Oct. 2, 1990; 55 FR 47474, Nov. 

14, 1990; 56 FR 5526, Feb. 11, 1991; 59 FR 64593, Dec. 15, 1994; 64 

FR 53032, Sept. 30, 1999; 65 FR 62130, 62144, Oct. 17, 2000; 65 FR 

48920, Aug. 10, 2000; 69 FR 1802, Jan. 12, 2004; 70 FR 28673, May 

18, 2005. 

(dd) 40 CFR Part 60. Subpart I: "Standards of Performance for Hot Mi x 

Asphalt Facilities:" 39 F R 9314. Mar. 8. 1974. as amended at 40 FR 

46259. Oct. 6. 1975: 42 FR 37936. July 25. 1977: 51 FR 12325. Apr. 

10. 1986: 54 FR 6667. Feb. 14. 1989. 

(bb){ee} 40 CFR Part 60, Subpart J; "Standards of Performance for Petroleum 

Refineries;" 39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259, 

Oct. 6, 1975; 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 

43 FR 10868, Feb. 15, 1978; 43 FR 10868-10869, Mar. 15, 1978; 44 

FR 13481, Mar. 12, 1979; 44 FR 61543, Oct. 25, 1979; 45 FR 79453, 

Dec. 1, 1980; 48 FR 23611, May 25, 1983; 50 FR 31701, Aug. 5, 1985; 

51 FR 42842, Nov. 26, 1986; 52 FR 20392, June 1, 1987; 53 FR 41333, 

Oct. 21, 1988; 54 F R 34026-340310, Aug. 17, 1989; 55 FR 

40175-40176, 40178, Oct. 2, 1990; 56 FR 4176, Feb. 4, 1991; 64 FR 

7465-7466, Feb. 12, 1999; 65 FR 61753-61755, Oct. 17, 2000. 

(ee)(fQ 40 CFR, Part 60, Subpart Dc; "Standards of Performance for Small 

Industrial-Commercial-Institutional Steam Generating Units;" 55 FR 

37683, Sept. 12, 1990, as amended at 61 FR 20736, May 8, 1996; 64 

FR 7465, Feb. 12, 1999; 65 FR 61752, Oct. 17, 2000; 65 FR 61753, 

Oct. 17, 2000. 
3745-31-01 

W(gg) 40 CFR Part 60, Subpart AAA ; "Standards of Performance for New 

Residential Wood Heaters;" 53 FR 5873-5874, Feb. 26, 1988, as 

amended at 53 FR 12009, Apr. 12, 1988; 53 FR 14889, Apr. 26, 1988; 

57 FR 5328, Feb. 13, 1992; 60 FR 33925, June 29, 1995; 53 FR 5873, 

Feb. 26, 1988; 63 FR 64874, Nov. 24, 1998; 64 FR 7466, Feb. 12, 

1999; 65 FR 61763-61764, Oct. 17, 2000. 

feeMhh) 40 CFR Part 60, Subpart OOO; "Standards of Performance for 

Nonmetallic Mineral Processing Plants;" 51 FR 31337, Aug. 1, 1985, as 

amended at 54 FR 6680, Feb. 14, 1989; 62 FR 31359-31360, June 9, 

1997; 65 FR 61778, Oct. 17, 2000. 

ffifii) 40 CFR Part 61; "National Emission Standards for Hazardous Air 

Pollutants;" as published in the July 1, 30062007 Code of Federal 

Regulations. 

(gg)Gj) 40 CFR Part 61, Subpart M ; "National Emission Standard for 

Asbestos;" 49 FR 13661, Apr. 5, 1984 as amended by 49 FR 25453, 

June 21, 1984; 51 FR 8199, Mar. 10, 1986; 53 FR 36972, Sept. 23, 

1988; 55 FR 48414, 48416, 48419, 48424, 48429-48433, Nov. 20, 

1990; 56 FR 1669, Jan. 16, 1991; 55 FR 48424, Nov. 20, 1991; 60 FR 

31920, June 19, 1995; 64 FR 7467, Feb. 12, 1999; 68 FR 54793, Sept. 

18, 2003; 69 FR 43324, July 20, 2004. 

{hh){kk) 40 CFR Part 63; "National Emission Standards for Hazardous Air 

Pollutants for Source Categories;" as published in the July 1, 20062007 

Code of Federal Regulations. 

(ii) 10 CFR Part 82, Subpart A , Appendix A ; "Class I Controlled 

Substances;" 60 FR 24986, May 10, 1995; as amended 68 FR 42892, 

July 18, 2003. 

(jj) 10 CFR Part 82, Subpart A , Appendix B; "Class II Controlled 

Substances;" 68 FR 2859, Jan. 21, 2003. 

(k4£)(ll) 40 CFR Part 89; "Control of Emissions From New and In-Use 

Nonroad Compression-Ignition Engines;" as published in the July 1, 

30062007 Code of Federal Regulations. 

6%nm) 40 CFR Part 92; "Control of Air Pollution From Locomotives and 

Locomotive Engines;" as published in the July 1, 20062007 Code of 

Federal Regulations. 
3745-31-01 

(mm)lnn) 42 USC 7401 to 7671q; "The Public Health and Welfare-Air 

Pollution Prevention and Control;" published January 19, 2004 in 

Supplement III of the 2000 Edition of the United States Code; as 

amended January 23, 2004, Pub. L. 108-199, sec, 425(a) and sec. 

428(b), 118 Stat. 417-418. 

(oo) 42 USC 7410; "State implementation plans for national primary and 

secondary ambient air quality standards;" published January 19. 2004 in 

Supplement III of the 2000 Edition of the United States Code. 

fen¥pp) 42 USC 7412(h); "Hazardous air pollutants, Work practice standards 

and other requirements;" published January 19, 2004 in Supplement III 

ofthe 2000 Edition ofthe United States Code. 

(ee)(gq) "Chemical Rubber Company (CRC) Handbook of Chemistry and 

Physics," 85th Edition, 2004-2005. 

(pp)(n) Comprehensive Environmental Response, Compensation, and 

Liability Act (CERCLA ) 3oetionSection 121(e); contained in 42 USC 

9621; "Cleanup standards;" published January 19, 2004 in Supplement 

III ofthe 2000 Edition ofthe United States Code. 

(qq)(ss) Federal Power Act; contained in 16 USC 791 to 828c; "Federal 

Regulation and Development of Power;" published January 19, 2004 in 

Supplement III ofthe 2000 Edition of the United States Code. 

(¥f)(tt) New source performance standards; contained in 42 USC 7411; 

"Standards of performance for new stationary sources;" published 

January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United 

States Code. 

fes¥uu) Part C of Title I of the Clean Air Act; contained in 42 USC 7470 to 

7492; "Prevention of Significant Deterioration of Air Quality;" 

published January 19, 2004 in Supplement III of the 2000 Edition of the 

United States Code. 

(tt)(vv) Part D of Title I of the Clean Air Act; contained in 42 USC 7501 to 

7515; "Plan Requirements for Nonattainment Areas;" published January 

19, 2004 in Supplement III of the 2000 Edition of the United States 

Code. 

fau¥ww) RCR A Subtitle D; contained in 42 USC 6941 to 6949a; "Resource 
3745-31-01 

Conservation and Recovery Act, State or Regional Solid Waste Plans;" 

published January 19, 2004 in Supplement III of the 2000 Edition of the 

United States Code. 

(w)(xx) Recommended policy on control of volatile organic compounds; 42 

FR 35314, July 8, 1977. 

(ww)(yy) Section 1.4, "Natural Gas Combustion;" contained in Chapter 1, 

"External Combustion Sources", Volume I, "Stationary Point and Area 

Sources" of the "Compilation of Air Pollutant Emission Factors, 

AP-42;" Fifth Edition, last revised June 2004. 

fe%Xzz) Section 2(A) and (B) of the Energy Supply and Environmental 

Coordination Act of 1974; contained in 15 USC 792; "Coal conversion 

and allocation;" published January 19, 2004 in Supplement III of the 

2000 Edition ofthe United States Code. 

(yy)(aaa) Section 107(d) ofthe Clean Air Act; contained in 42 USC 7407; 

"Air Quality Control Regions-Designations;" published January 19, 

2004 in Supplement III ofthe 2000 Edition ofthe United States Code. 

fez¥bbb) Section 108 ofthe Clean Air Act; contained in 42 USC 7408; "Air 

quality criteria and control techniques;" published January 19, 2004 in 

Supplement III ofthe 2000 Edition ofthe United States Code. 

(aaa)(ccc) Section 109 of the Clean Air Act; contained in 42 USC 7409; 

"National primary and secondary ambient air quality standards;" 

published January 19, 2004 in Supplement III of the 2000 Edition ofthe 

United States Code. 

(bbb)(ddcQ Section 110 of the Clean Air Act; contained in 42 USC 7410; 

"State implementation plans for national primary and secondary 

ambient air quality standards;" published January 19, 2004 in 

Supplement III ofthe 2000 Edition of the United States Code. 

(eee){eee) Section 111 of the Clean Air Act; contained in 42 USC 7411; 

"Standards of performance for new stationary sources;" published 

January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United 

States Code. 

(ddd)£fff) Section 112 of the Clean Air Act; contained in 42 USC 7412; 

"Hazardous Air Pollutants;" published January 19, 2004 in Supplement 
3745-31-01 53 

III ofthe 2000 Edition ofthe United States Code. 

(eee)(ggg) Section 112(b) ofthe Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants- List of pollutants;" published January 19, 

2004 in Supplement III ofthe 2000 Edition ofthe United States Code. 

(fg)iMh) Section 112(c) of the Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants - List of source categories;" published 

January 19, 2004 in Supplement III of the 2000 Edition of the United 

States Code. 

(gggXiii} Section 112(d) ofthe Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants-Emission standards;" published January 19, 

2004 in Supplement III ofthe 2000 Edition ofthe United States Code. 

(h^ljjj ) Section 112(h) ofthe Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants-Work practice standards and other 

requirements;" published January 19, 2004 in Supplement III of the 

2000 Edition ofthe United States Code. 

^fkkk ) Section 112(j) of the Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants-Equivalent emission limitation by permit;" 

published January 19, 2004 in Supplement III of the 2000 Edition of the 

United States Code. 

QID Section 112m of the Clean Air Act: contained in 42 USC 7412: 

"Hazardous Air Pollutants:" published January 19. 2004 in Supplement 

III ofthe 2000 Edition ofthe United States Code. 

®)!mni ) Section 113 of the Clean Air Act; contained in 42 USC 7413; 

"Federal enforcement;" published January 19, 2004 in Supplement III 

ofthe 2000 Edition ofthe United States Code. 

(lddc){nnn) Section 121(e) of the Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA); contained in 42 USC 

9621; "Cleanup Standards - Permits and Enforcement;" published 

January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United 

States Code. 

fflfl¥ooo) Section 125 of the Clean Air Act; contained in 42 USC 7425; 

"Measures to prevent economic disruption or unemployment;" 

published January 19, 2004 in Supplement III of the 2000 Edition of the 

United States Code. 
3745-31-01 

(mmmXggp) Section 173 of the Clean Air Act; contained in 42 USC 7503; 

"Permit requirements;" published January 19, 2004 in Supplement III of 

the 2000 Edition ofthe United States Code. 

fnnnXqqq) Section 182(c) of the Clean Air Act; contained in 42 USC 7511a; 

"Plan submissions and requirements-Serious Areas;" published January 

19, 2004 in Supplement III of the 2000 Edition of the United States 

Code. 

feee¥nr) Section 182(f) ofthe Clean Air Act; contained in 42 USC 7511a; 

"Plan submissions and requirements-NO requirements;" published 

January 19, 2004 in Supplement III of the x2000 Edition ofthe United 

States Code. 

(ppp)(sss) Section 189 of the Clean Air Act; contained in 42 USC 7513a; 

"Plan Provisions and Schedules for Plan Submissions;" published 

January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United 

States Code. 

(qqq}{ttt) Section 202 of the Clean Air Act; contained in 42 USC 7521; 

"Emission standards for new motor vehicles or new motor vehicle 

engines;" published January 19, 2004 in Supplement III of the 2000 

Edition of the United States Code. 

(m^luuu) Section 216 of the Clean Air Act; contained in 42 USC 7550; 

"Motor Vehicle Emission and Fuel Standards - Definitions;" published 

January 19, 2004 in Supplement III ofthe 2000 Edition ofthe United 

States Code. 

(sss){vvv) Section 304 of the Clean Air Act; contained in 42 USC 7604; 

"Citizen suits;" published January 19, 2004 in Supplement III of the 

2000 Edition ofthe United States Code. 

fta¥www) Section 402(12) of Title IV ofthe Clean Air Act; contained in 42 

U SC 7651a; "Definitions;" published January 19, 2004 in Supplement 

III ofthe 2000 Edition ofthe United States Code. 

(uuu)(xxx) Section 409 of the Clean Air Act; contained in 42 USC 765 lh ; 

"Repowered sources;" published January 19, 2004 in Supplement III of 

the 2000 Edition ofthe United States Code. 

(YW) Section 504fa) of the Clean Air Act: contained in 42 USC 7661c: 
3745-31-01 

"Permit requirements and conditions:" published January 19. 2004 in 

Supplement III ofthe 2000 Edition ofthe United States Code. 

(vw)(zzz) Standard industrial classification manual. United States. Office of 

management and budget. Last amended 1988. 

(www)(aaaa) Title II of the Clean Air Act; contained in 42 USC 7521 to 

7590; "Emission Standards for Moving Sources;" published January 19, 

2004 in Supplement III ofthe 2000 Edition ofthe United States Code; 

as amended January 23, 2004, Pub. L. 108-199, sec. 428(b), 118 Stat. 

fee^fbbbb) Title IV of the Clean Air Act; contained in 42 USC 7651 to 

7651o; "Acid Deposition Control;" published January 19, 2004 in 

Supplement III ofthe 2000 Edition ofthe United States Code. 

(yyy)(cccc) Title V I of the Clean Air Act; contained in 42 USC 7671 to 

767lq; "Stratospheric Ozone Protection;" published January 19, 2004 in 

Supplement III ofthe 2000 Edition of the United States Code. 

fezzYdddd) USEP A Method 9; contained in 40 CFR Part 60, Appendix A-4; 

"Visual Determination of the Opacity of Emissions From Stationary 

Sources;" as published in the July 1, 20062007 Code of Federal 

Regulations. 
3745-31-01 56 

Replaces: 

Effective: 

R.C. 119.032 review dates: 

3745-35-01 

12/14/2007 

12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

12/04/2007 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(F), 3704.03(G) 

3704.03(G), 3704.03(F), 3704.03(A) 

7/5/73, 1/1/74, 11/7/79, 8/15/82, 9/18/87, 11/17/88 

(Emer.), 3/9/89(Emer.), 6/12/89, 10/8/93, 6/1/94, 

4/12/96, 4/27/98, 9/25/98, 11/30/01, 10/17/03, 

10/28/04, 11/03/06, 12/01/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-02 Applicability, Rcquircmcntsrequirements, and obligations. 

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

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

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

3745-31-01 ofthe Administrative Code.] 

This chapter provides requirements for installation, modification and operation of new 

and existing air contaminant sources at facilities that are not subject to Chapter 3745-77 

of the Administrative Code. This chapter also provides requirements for installation and 

modification of air contaminant sources at facilities that are, or will be. subject to Chapter 

3745-77 of the Administrative Code. The operating requirements for air contaminant 

sources, defined as Title V sources, can be found in Chapter 3745-77 of the 

Administrative Code. 

[Comment: Prior to the effective date of this rule, requirements for permits-to-operate for 

sources not subject to Chapter 3745-77 of the Administrative Code were contained in 

Chapter 3745-35 of the Administrative Code. Upon the effective date of this rule. 

Chapter 3745-35 was rescinded and all operating requirements for sources at facilities not 

subject to Chapter 3745-77 of the Administrative Code were incorporated into this 

chapter. Rules 3745-31-01 to 3745-31-07 of the Administrative Code provide regulatory 

requirements for installation and modification for all sources. Rules 3745-31-01 to 

3745-31-07 of the Administrative Code also provide regulatory requirements for 

operation of sources at facilities not subject to Chapter 3745-77 of the Administrative 

Code. Rule 3745-31-08 ofth e Administrative Code provides the on-going regulatory 

requirements for sources at facilities not subject to Chapter 3745-77 of the Administrative 

Code that previously received registration status for permit-to-operate purposes under the 

now rescinded Chapter 3745-35 of the Administrative Code. Updated requirements for 

registration status, now defined as express permit-to-install or express PTIOs. are 

incorporated into rule 3745-31-05 of the Administrative Code. Rule 3745-31-09 of the 

Administrative Code provides for operation or other use of an air contaminant source that 

emits any air pollutant under a variance. This provision was previously established in the 

now rescinded rule 3745-35-03 of the Administrative Code. Rule 3745-31-29 of the 

Administrative Code provides for general permits-to-install and general PTIOs. Rule 

3745-31-33 of the Administrative Code identifies activities that are included and 

excluded from meaning of begin actual construction, as defined in rule 3745-31-01 of the 

Administrative Code. The remaining rules in this chapter, rules 3745-31-10 to 

3745-31-28 and rules 3745-31-30 to 3745-31-32 ofthe Administrative Code, provide 

additional regulatory requirements for installation and modification of air contaminant 

sources that are located at a major stationary source or are considered major 

modifications, as defined in rule 3745-31-01 of the Administrative Code. Installation or 

modification of air contaminant sources that are located at a major stationary source or 

are considered major modifications, are, or will become, subject to Chapter 3745-77 of 

the Administrative Code. The operating regulatory requirements for these types of 

sources are contained in Chapter 3745-77 of the Administrative Code.] 

(A) Permit-to-install or PTIO T 

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-31-02 2 

(1) Except as provided in rule 3745-31-03 ofthe Administrative Code, no person 

shall cause, permit, or allow the; installation of a now sourco of air pollutants, 

or cause, permit, or allow tho modification of an air contaminant sourco, 

without first obtaining a permit to install from tho director. 

(a) Installation or modification of any new source that is. or will be. part of a 

facility, as defined in Chapter 3745-77 of the Administrative Code, and 

that is required to obtain a Title V permit under Chapter 3745-77 of the 

Administrative Code, without first obtaining a permit-to-install from the 

director; or 

(b) Installation or modification, and subsequent operation of any new source 

that is not part of a facility, as defined in Chapter 3745-77 of the 

Administrative Code, and that is not required to obtain a Title V permit 

under Chapter 3745-77 of the Administrative Code, without first 

obtaining a PTIO from the director: or 

[Comment: paragraph (A)(1)(b) of this rule is not intended to prohibit 

any new source, as defined in rule 3745-31-01 of the Administrative 

Code, currently operating under an effective permit-to-install or 

permit-to-operate from continuing operation in accordance with those 

permits. Nor is it intended to prohibit any new source currently 

operating under an expired permit-to-operate. where a timely and 

complete application for renewal is pending in accordance with division 

(C) of section 119.06 of the Revised Code, from continuing operation 

in accordance with the expired permit-to-operate until such time as a 

new PTIO is issued or denied.] 

(c) Operation of any air contaminant source, except as provided in rule 

3745-31-08 of the Administrative Code, not defined as a new source 

under rule 3745-31-01 of the Administrative Code, that is not part of a 

facility, as defined in Chapter 3745-77 of the Administrative Code, and 

that is not required to obtain a Title V permit under Chapter 3745-77 of 

the Administrative Code, without first obtaining authority to operate 

through issuance of a PTIO from the director, which may include: 

(i) Requirements for equipping the air contaminant source with 

instrumentation and sensing devices to monitor and record 

emission data and other information about the operation of the air 

contaminant source: and 

(ii) Requirements for performance tests that demonstrate that the source 

is in compliance with applicable emission limitations and other 

applicable laws, at the applicant's expense, in accordance with 

methods prescribed by the Ohio environmental protection agency. 
3745-31-02 3 

The Ohio environmental protection agency, or its representatives, 

may observe, participate in. or conduct any performance test 

required. 

(2) A n owner or operator who currently holds a permit-to-install and/or 

permit-to-operate for an air contaminant source which permit was issued prior 

to the effective date of this rule, may be issued a PTIO for the same air 

contaminant source. The director may require the owner or operator of the air 

contaminant source submit an updated application for the PTIO. Upon final 

issuance of the PTIO. any permit-to-install and/or permit-to-operate for the 

air contaminant source will be superseded by the issuance of the PTIO. The 

superseded permits will terminate and cease to be enforceable. 

(2) Tho owner or operator of any air contaminant sourco may apply for a 

permit to install to voluntarily limit tho allowable emissions from tho air 

contaminant sourco or limit tho typo of air contaminants authorized to bo 

omitted from tho air contaminant sourco. Tho director shall act upon such 

application in accordance with the requirements of rule 3745-31-05 of the 

Administrative Code, provided that paragraphs (A)(3) and (B) of that rule 

shall not apply unless tho application is for tho installation of a now sourco as 

defined by rule 3745-31-01 of the Administrative Codo or is for a 

modification of an air contaminant sourco as defined by rule 3745 31 01 of 

tho Administrative Codo. 

(3) —The—transferee—ef—any—permit-to-install—shall—assume—personally—fee 

responsibilities—ef—fee—original—permit—holder transferor.—The—Ohio 

onvironmontal protection agoncy must bo notified in writing of any transfer of 

a permit-to-install. 

(B) Changes in applicability: Title V versus non-Title V 

This paragraph is applicable to an owner or operator where a change in the air 

contaminant source, stationary source, or applicable law results in a change in the 

requirements applicable to the source under this chapter and/or Chapter 3745-77 of 

the Administrative Code. A change may include, but is not limited to. a 

modification or major modification as defined in this chapter, a relaxation of a 

federally enforceable limitation on the potential to emit applicable under paragraph 

CD) of rule 3745-31-05 of the Administrative Code, or the imposition of a federally 

enforceable limitation, or limitation legally and practicably enforceable by the state, 

on the potential to emit that restricts a stationary source's potential to emit below 

major source thresholds applicable under paragraph CD) of rule 3745-31-05 of the 

Administrative Code. 

(1) The following is applicable to an owner or operator who holds a 

permit-to-install. permit-to-operate and/or PTIO where a change subjects the 

owner or operator to the requirements of Chapter 3745-77 of the 
3745-31-02 4 

Administrative Code. 

(a) The owner or operator shall submit a Title V permit application and obtain 

a Title V permit from the director, as required under Chapter 3745-77 

of the Administrative Code. 

(b) If the change is defined as a new source, modification or major 

modification under this chapter, the owner or operator shall submit the 

required application and obtain a permit-to-install. as required under 

this chapter, from the director. 

(c) Upon final issuance of the permit required under paragraph (B)(1)(a) of 

this rule, and, if applicable, under paragraph (B)(1)(b) of this rule, any 

permit-to-operate. and/or any terms and conditions specifically 

identified in the standard terms and conditions of a PTIO as no longer 

enforceable under conditions described in paragraph (B)(1) of this rule, 

will be superseded by the issuance of the Title V permit required under 

paragraph (B)(1)(a) of this rule, and, if applicable, the permit-to-install 

required under paragraph (B)(1)(b) of this rule. Al l superseded 

permits-to-operate and specifically superseded terms and conditions of 

a PTIO. will terminate and cease to be enforceable. As applicable, 

terms and conditions of any PTIO not superseded will function as the 

permit-to-install. 

(2) The following is applicable to an owner or operator who currently holds a Title 

V permit where a change eliminates the applicability of Chapter 3745-77 of 

the Administrative Code but the change does not exempt the owner or 

operator from requirements to obtain a PTIO. 

(a) The owner or operator may submit the required application and obtain a 

PTIO or Federally Enforceable PTIO (FEPTIO) from the director, as 

required under this chapter. 

Comment: A n owner or operator with authority to operate under a Title 

V permit which subsequently makes a change at the facility that 

eliminates the applicability of Chapter 3745-77 of the Administrative 

Code is not obligated to obtain a PTIO or FEPTIO if the owner or 

operator elects to continue to be permitted under the Title V permit.] 

(b) Final issuance of any permit under paragraph (B)(2)(a) of this rule does 

not release the owner or operator from the requirements contained in 

Chapter 3745-77 of the Administrative Code or the owner or operator's 

active Title V permit, except as expressly released in rule, by order of 

the director, or a in a federally enforceable permit. 

(C) Permanent shutdown of an air contaminant source subject to the terms and conditions 

of a permit-to-install or PTIO 
3745-31-02 5 

When expressly provided in the terms and conditions of a permit-to-install or PTIO. 

the owner or operator of an air contaminant source that is permanently shutdown 

may be relieved from certain requirements in the terms and conditions of the 

permit-to-install or PTIO. without obtaining a modification or administrative 

modification, upon meeting the requirements specified in the permit for 

permanently shutting down air contaminant sources. Those terms and conditions for 

which the owner or operator is relieved will cease to be enforceable upon meeting 

the requirements for permanently shutting down air contaminant sources contained 

in the terms and conditions of the permit. 

(B)(D) The director, in his or her discretion, may issue an order requiring any person 

planning to install or modify, or in the process of installing or modifying, any air 

contaminant source as defined in rule 3745-31-01 ofth e Administrative Code, 

which aro that is otherwise exempted, to obtain a permit-to-install or PTIO. before 

proceeding with installation or modification, if in the director's judgment, operation 

of the air contaminant source after installation or modification might result in a 

violation of the criteria established in paragraph (A) of rule 3745-31-05 of the 

Administrative Code. 

(C){E} The director, in his or her discretion or where required to do so by federal laws or 

regulations, may issue a single permit-to-install or PTIO having application to all 

pollutants of any kind emanating from any air contaminant source, or issue a single 

permit-to-install or PTIO having applicability to more than one air contaminant 

source, controlled by a common owner or operator, located in the same county. 

(F) The approval to construct and/or operate under this chapter shall not relieve any 

owner or operator of a stationary source of the responsibility to comply fully with 

applicable provisions of this chapter and any other requirements under local, state 

or federal law. 

(G) If any provision of this chapter or the application of such provision to any person or 

circumstance, is held invalid, the remainder of this chapter, or the application of 

such provision to persons or circumstances other than those as to which it is held 

invalid, shall not be affected thereby. 
3745-31-02 6 

Replaces: Par t of3745.3i.xo, Part of 3745-35-02, Part of 

3745-35-05 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F), 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03(F) , 3704.03(A) 

Prior Effective Dates: 7/5/73, 1/1/74, 11/7/79, 6/14/82, 8/15/82, 9/18/87, 

4/20/94, 11/18/94, 4/12/96, 4/27/98, 6/18/01, 

11/30/01, 10/17/03, 10/28/04, 11/3/06, 12/01/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-03 Permitto-install cxcmptionsExemptions. 

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

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

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

3745-31-01 ofthe Administrative Code.] 

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

Code must be obtained for the installation or modification, and operation of a now 

an 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 or PTIO. They do not, however, exempt any 

air contaminant source from requirements of the 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 identify insignificant activities and emission levels in a Title V 

permit application. In addition, this rule does not relieve the owner or operator from 

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

any major NS R permitting action.] 

(1) Permanent exemptions 

The following exemptions do not apply to emissions units subject to 40 CFR 

Part 61, the national emission standards for hazardous air pollutants 

(NESHAPs), with the exception of 40 CFR Part 61, Subpart M , asbestos 

removal activities; or emissions units subject to 40 CFR Part 63, the 

NESHAPs for source categories, MAC T standards, unless such standard 

either only requires submission of a notification, and written notification 

satisfying the MAC T notification requirements has been or will be submitted 

to the Ohio environmental protection agency prior to the notification deadline 

imposed by the MACT , or such standard does not impose any requirements 

(i.e., notifications, emissions limits, record keeping, etc.) to the particular 

emissions unit; or emissions units subject to the new source performance 

standards (NSPS) with the exception of 40 CFR Part 60, Subpart AAA , 

residential wood heaters, 40 CFR Part 60, Subpart OOO, nonmetallic mineral 

processing plants, and 40 CFR Part 60, Subpart I, hotmix asphalt facilities. 

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

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

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

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

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

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

burning waste fuels or waste oil. 

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3745-31-03 

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

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

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

the only emissions are from the products of combustion from fuel and 

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

burning of any material occurs. 

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

abrasive blasting. 

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

and water-borne adhesives, coatings or binders. 

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

ambient temperature to make water-borne adhesives, coatings or 

binders. 

(g) Bakery ovens that bake: 

(i) Chemically leavened products; or 

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

bakery; or 

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

or 

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

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

less than or equal to one thousand pounds per hour. 

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

large scale production of products) where the products are edible and 

intended for human consumption. 

(i) Laboratory equipment 

(i) Laboratory equipment and laboratory fume hoods used exclusively 

for chemical or physical analyses and bench scale laboratory 

equipment. 
3745-31-03 3 

(ii) Laboratory paint booths used to prepare samples for chemical or 

physical analysis where the actual emissions of each laboratory 

paint booth is less than 3.0 tons of VO C per year and where: 

(a) The owner or operator maintains records, available to the 

director upon request, detailing that the VO C emissions are 

less than 3.0 tons of VO C per year, and 

(b) Any exhaust system that serves only coating spray equipment 

is supplied with a properly installed and operating 

particulate control system. 

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

material sensitized to radiant energy. 

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

million pounds of resins (thermoplastic or thermosetting) per rolling 

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

(1) Storage tanks for: 

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

pressure) except as described in paragraph (A)(l)(l)(vii) of this 

rule; or 

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

isobutane, and liquid petroleum gases; or 

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

(iv) Organic liquids with a capacity of less than seventy-five cubic 

meters (nineteen thousand eight hundred fifteen gallons) and 

equipped with submerged fill, except gasoline storage tanks 

located at bulk gasoline plants which are subject to the 

requirements of paragraph (P) of rule 3745-21-09 of the 

Administrative Code; or 

(v) Organic liquids with a capacity greater than or equal to seventy-five 

cubic meters (nineteen thousand eight hundred fifteen gallons) but 

less than one hundred fifty-one cubic meters (thirty-nine thousand 

eight hundred ninety-four gallons) storing a liquid with a 
3745-31-03 

maximum true vapor pressure, as defined in 40 CFR 60.111b, of 

less than 15.0 kilopascals (2.176 pounds per square inch absolute) 

and equipped with submerged fill; or 

(vi) Organic liquids with a capacity greater than or equal to one 

hundred fifty-one cubic meters (thirty-nine thousand eight 

hundred ninety-four gallons) storing a liquid 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 

(vii) Acids (as defined in the "Chemical Rubber Company (CRC) 

Handbook of Chemistry and Physics") stored in tanks less than or 

equal to seven thousand five hundred gallons capacity. 

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

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

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

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

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

insoluble state using a hardening or curing operation. 

(n) Presses used exclusively for extruding clay. 

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

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

premises. 

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

following requirements under this paragraph: 

(i) The company has demonstrated the following: 

(a) The portable source was installed after January 1, 1974 and 

continues to comply with any applicable BA T and state or 

federal air pollution rule or law; and 

(b) The portable source continues to comply with the currently 

effective permit-to-install or PTIO or express 

permit-to-install or express PTIO (registration status) and/or 

any applicable permit-to-operate; and 

(c) The applicant has provided proper notice of intent to relocate 
3745-31-03 5 

the portable source to the director within a minimum of 

thirty days prior to the scheduled relocation; and 

(d) The director has issued a notice stating that in the director's 

judgment, the proposed site is acceptable under rule 

3745-15-07 of the Administrative Code, and 

(e) The director has issued a notice stating that in the director's 

judgment, relocating the portable source will not result in 

the installation of a major stationary source or the 

modification of a major stationary source. 

[Comment: Relocation of any portable source that results in 

the installation of a major stationary source or the 

modification of a major stationary source must also meet all 

applicable requirements under this chapter, including the 

requirement to obtain a permit-to-install prior to relocation. 

Relocation of any portable source that results in the creation 

of a major source, as defined in rule 3745-77-01 of the 

Administrative Code, must also meet all applicable 

requirements under the Title V program contained in 

Chapter 3745-77 of the Administrative Code, which may 

include the requirement to apply for a Title V permit.] 

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

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

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

December 31, 1981 in which the annual amounts of fabric dry cleaned 

with perchloroethylene is less than sixty thousand pounds and is not 

located in Butler, Clermont, Cuyahoga, Franklin, Greene, Hamilton, 

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

Summit, Trumbull, Warren and Wood counties. 

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

gallons capacity. 

(s) Non-heatset or sheet-fed presses with an O C potential to emit of less than 

three tons per year. 

(t) A n incinerator located at a dwelling designed and used to dispose of 

residential wastes and having a capacity for serving no moro than five 

six or fewer households or units per dwelling. 
3745-31-03 6 

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

herbicides except at facilities producing these substances or mixtures 

for sale or distribution. 

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

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

pollutant emissions from coal combustion, less than ten million British 

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

more than twenty per cent. 

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

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

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

six inches in diameter. 

(x) Ink-jet printers. 

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

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

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

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

four thousand actual cubic feet per minute volume, venting inside a 

building, and emitting less than ten pounds per day of nonparticulate 

matter air contaminants. 

(z) Uncontrolled grinding, machining, 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 

nonparticulate matter air contaminants. 

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

(bb) Aluminum die-casting machines. 

(cc) Air contaminant sources at nonproduction research and development 

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

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

source. 

(dd) Vegetable oil storage tanks and pumps and valves used in vegetable oil 
3745-31-03 7 

processing operations. 

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

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

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

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

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

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

Trumbull, Warren, or Wood counties. 

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

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

facilities that have an individual maximum annual throughput of less 

than six thousand gallons of gasoline per year. 

(gg) Air separation plants. 

(hh) All maintenance welding. 

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

device located and vented inside the building. 

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

(kk) Coating applicators with properly designed and operated particulate 

matter control devices and venting systems that employ less than five 

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

the applicators are: 

(i) Not located in a nonattainment area for ozone, 

(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 of performance for new stationary 

sources; and 

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

more tons of volatile organic materials per year and are not 

subject to a standard under Section 112 of the Clean Air Act. 
3745-31-03 

(11) 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 ten million British thermal units per 

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

equal to 0.5 per cent by weight sulfur). 

(nn) Emergency electrical generators or emergency firefighting water pumps 

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

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

liquid petroleum gas. 

(oo) Two-stroke or four-stroke, air-cooled, gasoline-powered engines no 

more than twenty horsepower used for lawnmowers, small electric 

generators, compressors, pumps, minibikes, snowthrowers, garden 

tractors or other similar uses. 

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

(i) Consistent with this exemption and pursuant to division (T)(3) of 

section 3745.11 of the Revised Code, permit-to-install fees for the 

installation of exempt non-road engines, as required under section 

3745.11 of the Revised Code, are hereby waived for any 

permit-to-install issued for an exempt non-road engine where the 

permittee has not yet paid the fee. 

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

particulate emissions with opacities greater than twenty per cent 

as a six-minute average as determined by USEP A Method 9 of 40 

C FR Part 60, Appendix A . 

(qq) Internal combustion engine(s) used for locomotion installed in a marine 

vessel, an aircraft, a locomotive, a recreational vehicle, a motor vehicle 

(self-propelled vehicles designed for transporting persons or property 

on a street or highway), a vehicle used solely for competition, or an 

off-highway vehicle. 

(rr) A dynamometer operation for fully assembled motor vehicles. This 

exemption includes dynamometer operations used as part of final 

assembly of new motor vehicles, roll testing of new motor vehicles, 

testing of vehicles used solely for competition, testing of motor vehicles 
3745-31-03 9 

for compliance with emissions standards, motor vehicle maintenance, 

road testing and repair dynamometers and other similar fully assembled 

motor vehicle dynamometer operations. 

(ss) The one time use of a mobile treatment unit or vacuum truck in order to 

contain and/or prevent further migration of a hazardous material spill 

during an emergency response. This exemption shall be effective for 

thirty days from the date the mobile treatment unit or vacuum truck is 

first put into use unless the owner or operator meets one of the 

following requirements within the thirty day period: 

(i) Applies for a permit-to-install or PTIO in accordance with rule 

3745-31-02 of the Administrative Code. The exemption shall 

expire upon final issuance or final denial of the permit-to-install 

or PTIO. 

(ii) Submits written notification, in accordance with paragraph 

(A)(4)(a)(ii) of this rule, of the applicability of a permit-by-rule in 

paragraph (A)(4)(e) or (A)(4)(f) of this rule. The exemption shall 

expire upon receipt of the written notification by the appropriate 

Ohio environmental protection agency district office or local air 

agency. 

(2) Federal based exemptions 

The following exemption applies regardless of the applicability of the 

national emission 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 121(e) 

and where such action meets all applicable air pollution emission limits 

and policies. 

(3) Discretionary exemptions 

(a) The director, at his/her discretion, may exempt the installation and 

operation of an air contaminant source or any other source associated 

with the clean-up of a spill or a leaking underground storage tank from 

the requirements to obtain a permit-to-install or PTIO. 
3745-31-03 

(b) The director, at his/her discretion, may exempt the installation and 

operation of an air contaminant source from the requirements to obtain 

a permit-to-install or PTIO to deal with an emergency situation 

involving immediate threats to human health, property or the 

environment. 

(c) The director, at his/her discretion, may exempt the installation and 

operation of an air contaminant source from the requirements to obtain 

a permit-to-install or PTIO for the emergency replacement of storage 

tanks associated with a leaking underground storage tank for a period 

not to exceed six months. 

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

installation and operation or modification of an air contaminant source 

from the requirement to obtain a permit-to-install or PTIO for a period 

of up to six months for purposes of research and development of more 

effective prevention or control of air pollutant emissions or of more 

efficient combustion of coal. 

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

discretion, is to be operated for the purpose of testing air contaminant 

pollution emissions so that a suitable control technology can be 

ascertained and will not operate for more than two calendar years. 

(f) The director, at his/her discretion and in writing, may exempt the 

temporary modification and operation of an air contaminant source 

from the requirements to obtain a permit-to-install or PTIO for a period 

of up to sixty days for the purpose of evaluating new production 

feasibility and/or air quality impacts from the temporary modification. 

A request for this exemption shall be made in writing and shall provide 

a detailed description of the proposed temporary modification to the air 

contaminant source, the time period over which the modification will 

occur, any changes in air emissions from the air contaminant source as 

a result of the temporary modification, and the ambient impact of the 

emissions from the air contaminant source as a result of the temporary 

modification. The director may require that performance tests be 

conducted during the period of the temporary modification. 

(g) The director, at his/her 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 or PTIO. Anyone requesting 

this exemption must provide the director with sufficient information to 
-31-03 11 

make this decision. 

(4) Permit-by-rule exemptions 

The following air contaminant sources are exempt from the requirement to 

obtain a permit-to-install or PTIO. These exemptions are valid only as long as 

the owner or operator complies with all of the permit-by-rule general 

provisions, meets the qualifying criteria defined in the applicable 

permit-by-rule and complies with all of the requirements under the applicable 

permit-by-rule specific provisions. Upon request by the director, the owner or 

operator of a facility that has exceeded the permit-by-rule thresholds or that 

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

rule 3745-15-07 ofthe Administrative Code shall submit an application for a 

permit-to-install or PTIO. 

These exemptions do not, however, exempt any air contaminant source from 

requirements ofthe 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 

permit application. In addition, this rule does not relieve the owner or 

operator from the requirement of including the emissions associated with the 

exempt sources into any major NSR permitting action. 

(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) to (A)(4)(l) ofthis rule. 

(i) Recordkeeping requirements 

The owner or operator shall collect and maintain the records 

described for each air contaminant source exempted under 

paragraph (A)(4) of this rule and these records shall be retained in 

the owner or operator's files for a period of not less than five 

years, unless otherwise specified in each exemption. These 

records shall be made available to the director or any authorized 

representative of the director for review during normal business 

hours. 

(ii) Notification requirements for new installations 

For the purposes of this paragraph, a new permit-by-rule air 
3745-31-03 12 

contaminant source is an air contaminant source installed after the 

promulgation date of any new applicable permit-by-rule or July 

29, 2005, whichever comes later. The owner or operator of a new 

permit-by-rule air contaminant source electing to use an 

applicable permit-by-rule exemption shall submit a written 

notification in a form and manner prescribed by the director prior 

to installation of the air contaminant source. This notification, or 

form, shall be submitted to the appropriate Ohio environmental 

protection agency district office or local air agency, and shall 

contain the following information, at a minimum: 

(a) The owner or operator's and the facility contact's name; 

(b) The facility mailing address and telephone number; 

(c) The location ofthe air contaminant source(s); 

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

pollution control(s); and 

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

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

(iii) Notification requirements for existing permitted sources 

The owner or operator of an air contaminant source which is 

operating under an existing permit-to-instalL PTIO and/or 

permit-to-operate may continue to operate in compliance with that 

permit or may submit a written request to the Ohio environmental 

protection agency to revoke any 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 PTIO and/or permit-to-operate if the permittee 

requests revocation, agrees to meet all permit-by-rule qualifying 

and operating 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 

paragraph, the director, without prior hearing, shall make a final 

determination on the request and inform the permittee in writing. 

If the director agrees with the request to operate under the 

permit-by-rule, then the permit-by-rule becomes applicable to the 

permittee on the date the existing permit-to-instalL PTIO and/or 

permit-to-operate are revoked. 
3745-31-03 13 

(iv) Notification requirements for existing permit-by-rule sources 

The owner or operator of an air contaminant source that is 

operating under one of the permit-by-rules that existed prior to 

July 29, 2005 (emergency electrical generators, injection and 

compression molding, crushing and screening plants, soil-vapor 

extraction and soil-liquid extraction) and desires to continue 

operating under the permit-by-rule shall submit a written 

notification which contains all of the elements required in 

paragraph (A)(4)(a)(ii) of this rule. This notification shall be 

submitted to the - appropriate Ohio environmental protection 

agency district office or local air agency and shall be submitted 

by July 29, 2006. 

(v) Records retention requirements 

Each record of any monitoring data, testing data, and support 

information required pursuant to a specific permit-by-rule shall be 

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

created. Support 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 the specific permit-by-rule. Such records 

may be maintained in computerized form. 

(vi) Reporting requirements 

The owner or operator shall submit required reports in the 

following manner: 

(a) Reports of any monitoring and/or recordkeeping information 

required by a specific permit-by-rule shall be submitted to 

the appropriate Ohio environmental protection agency 

district office or local air agency. 

(b) Except as otherwise may be provided in a permit-by-rule 

specific reporting requirements paragraph of a specific 

permit-by-rule, a written report of any deviations 

(excursions) from emission limitations, operational 

restrictions, qualifying criteria, and control equipment 

operating parameter limitations that have been detected by 

the testing, monitoring, and recordkeeping requirements 

specified in the permit-by-rule shall be submitted to the 
3745-31-03 

appropriate Ohio environmental protection agency district 

office or local air agency within thirty days of the date the 

deviation occurred. The report shall describe the specific 

limitation and/or operational restriction exceeded, the 

probable cause of such deviation, and any corrective actions 

of preventive measures that have been or will be taken. 

(vii) Scheduled maintenance/malfunction reporting 

A n y scheduled maintenance of air pollution control equipment 

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

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

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

shall be reported to the appropriate Ohio environmental protection 

agency district office or local air agency in accordance with 

paragraph (B) of rule 3745-15-06 of the Administrative Code. 

Except as provided in that rule, any scheduled maintenance or 

malfunction necessitating the shutdown or bypassing of any air 

pollution control system(s) shall be accompanied by the shutdown 

of the emissions unit(s) that is served by such control system(s). 

(b) Emergency electrical generators, emergency firefighting water pumps, or 

emergency air compressors powered by internal combustion engines 

greater than fifty horsepower (37.3 Kilowatts) where each engine 

operates at any one facility for no more than five hundred hours per 

rolling twelve-month period and where such engine bums gasoline, 

natural gas, distillate oil (with less than or equal to 0.5 per cent by 

weight sulfur), or liquid petroleum gas and that maintains the following 

records: 

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

operation; and 

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

per cent by weight) of any distillate oil used. 

(c) 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) ofthis rule; and 

(ii) The facility uses no more than one thousand pounds of VO C in 

external mold release agents and flatting spray per rolling 
3745-31-03 15 

twelve-month period; and 

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

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

polypropylene, polycarbonate, and polyvinyl chloride, etc.) 

per rolling twelve-month period in injection machines at the 

facility (this type of molding operation involves materials 

that soften and melt upon heating or pressurization heating 

with no chemical change and no permanent change in 

physical properties. It does not involve curing, 

thermosetting or cross-linking.); or 

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

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

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

twelve-month period in injection and compression molding 

machines at the facility (these types of molding operations 

use a thermoset resin and involve a chemical reaction, 

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

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

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

(iii) No more than three tons of VOCs per rolling twelve-month period 

are emitted from injection and compression molding machines at 

the facility, including VOCs emitted as calculated by using 

emission factors approved by the Ohio environmental protection 

agency; and 

(iv) The facility maintains monthly records that contain the rolling 

twelve-month usage of thermoplastic resins, thermosetting resins 

and VOCs in external mold release agents and flatting spray used 

in all injection and compression molding machines at the facility, 

and the Ohio environmental protection agency approved emission 

factors used to calculate the emissions. 

(d) Nonmetallic mineral processing plants permit-by-rule 

(i) Qualifications 

A nonmetallic mineral processing plant, as defined under 40 CFR 

Part 60, Subpart OOO, that meets the following qualifications is 

eligible to use this permit-by-rule: 
3745-31-03 16 

(a) Fixed sand and gravel plants and crushed stone plants 

(including concrete and asphalt paving plants) with 

capacities, as defined in 40 CFR 60.671, of twenty-three 

megagrams per hour (twenty-five tons per hour) or less; 

(b) Portable stone and gravel plants and crushed stone plants 

(including concrete and asphalt paving plants) with 

capacities, as defined in 40 CFR 60.671, of one hundred 

thirty-six megagrams per hour (one hundred fifty tons per 

hour) or less; 

(c) Common clay plants and pumice plants with capacities, as 

defined in 40 CFR 60.671, of nine megagrams per hour (ten 

tons per hour) or less; and 

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

defined in 40 CFR 60.671, of one hundred thirty-six 

megagrams per hour (one hundred fifty tons per hour) or 

less. 

(ii) Requirements 

A nonmetallic mineral processing plant identified in paragraph 

(A)(4)(d)(i) of this rule shall either employ a baghouse, wet 

scrubber, water sprays or combination thereof that is designed and 

operated to emit no more than ten per cent opacity from stack or 

fugitive emission points, or employ an enclosed design that is 

designed and operated to emit no more than fifteen per cent 

opacity from stack or fugitive emission points, and that maintain 

the following daily records: 

(a) Material throughput in tons per day; and 

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

and 

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

and spray applications as applicable; and 

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

(e) Soil-vapor extraction remediation activities located at facilities that have 

total combined emission rates less than fifteen pounds of OCs per day 

are hereby exempted from the permit-to-install requirements for a 

period of eighteen months from the beginning of vapor extraction 

activities so long as the owner or operator provides the director with the 

following information prior to beginning actual construction: 

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

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

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

remediation activities. 

(iv) A n estimate of the air contaminant emissions in parts per million by 

volume, pounds per hour and tons per year. 

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

to control emissions from the remediation activities. 

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

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

remediation activities will operate. 

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

begin, when major project milestones are met and when the 

remediation activities are completed. 

(f) Soil-liquid extraction remediation activities located at facilities that have 

total combined emission rates less than fifteen pounds of OCs per day 

are hereby exempted from the permit-to-install requirements for a 

period of eighteen months from the beginning of the liquid extraction 

activities so long as the owner or operator provides the director with the 

following information prior to beginning actual construction: 

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

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

(iii) A description of the liquid extraction and liquid-vapor stripping 
3745-31-03 

processes to be used in the remediation activities. 

(iv) A n estimate of the air contaminant emissions in parts per million by 

volume, pounds per hour and tons per year. 

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

to control emissions from the remediation activities. 

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

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

remediation activities will operate. 

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

begin, when major project milestones are met and when the 

remediation activities are completed. 

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

(i) Qualifications 

A n auto body refinishing facility that meets all of the following 

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

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

painting. 

(b) The facility does not do more than fifty jobs per week. 

(c) The facility does not use more than three thousand gallons 

combined of all coatings, solvents, and other VO C 

containing materials in any calendar year. 

(d) The facility performs all painting operations in enclosed spray 

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

overspray, fumes, and vapors to a powered ventilation 

system and are equipped with either a dry filtration or water 

wash system(s) to capture paint overspray. 

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

following means; high volume low pressure (HVLP) spray 

equipment, or electrostatic application equipment. 
3745-31-03 19 

(j) The exhaust stack(s) of each paint spray booth at the facility: 

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

flow capacity of at least ten thousand cubic feet per 

minute. 

(ii) Discharges air contaminants in a vertical direction, 

without obstructions like rain caps, goose neck 

exhaust, or other obstructions. 

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

measured from ground level to the point of discharge 

to the atmosphere. 

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

nearest facility property line. 

(ii) Applicable emission limitations and/or control requirements 

(a) The applicable rules, emission limitations and control 

requirements that apply to the facility subject to this 

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

Applicable Rule(s) Applicable Emission Limitations/Control 

Requirements 

Paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code 

Facility emissions of VO C shall not exceed 

nine pounds per hour and 11.7 tons per 

year. Facility emissions of combined HAPs 

shall not exceed nine pounds per hour and 

11.7 tons per year. Facility emissions of a 

single HA P shall not exceed 4.5 pounds per 

hour and 5.85 tons per year. 

Paragraph (U)(l) of rule 3745-21-09 ofthe 

Administrative Code 

This operation is exempt from the 

requirements of this rule pursuant to 

paragraph (U)(2)(c) of rule 3745-21-09 of 

the Administrative Code. 

Rule 2745-21-18 ofthe Administrative 

Code 

The provisions ofthis rule are only 

applicable to facilities located in Butler, 

Clark, Clermont, Greene, Hamilton, Miami, 

Montgomery and Warren counties. 
3745-31-03 20 

(iii) Operational requirements 

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

the spray painting application equipment, exhaust filtration 

systems, and spray booths in accordance with the 

recommended procedures and maintenance intervals of the 

respective manufacturers in order to minimize air 

contaminant emissions. 

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

more of the following means: 

(i) In a device that remains closed at all times when not in 

use. 

(ii) In a system that discharges nonatomized cleaning 

solvent into a waste container that remains closed 

when not in use. 

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

of application equipment and that is kept closed when 

not in use. 

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

container that is fitted with a device designed to 

capture atomized solvent emissions. 

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

the facility shall comply with all applicable laws pertaining 

to the handling, treatment, or discharge of waste water. 

(d) For facilities located in Butler, Clark, Clermont, Greene, 

Hamilton, Miami, Montgomery and Warren counties, the 

operators of paint application equipment shall be trained in 

the use of a high volume low pressure (HVLP) sprayer or 

electrostatic spray equipment in accordance with the 

manufacturer's specifications, and the handling of a coating 

and any solvents used to clean the spray equipment. 

(e) For facilities located in Butler, Clark, Clermont, Greene, 

Hamilton, Miami, Montgomery and Warren counties, the 
3745-31-03 21 

owners or operators shall store the following materials in 

non-absorbent, non-leaking containers and keep these 

containers closed at all times when not in use: fresh 

coatings, used coatings, solvents, VOC-containing additives 

and materials, VOC-containing waste materials, and cloth, 

paper, or absorbent applicators moistened with any of the 

items listed above. 

(iv) Monitoring and/or recordkeeping requirements 

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

records which list the following information for each 

VOC-containing material (coatings, thinners, reducers, 

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

facility in each calendar year: 

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

(ii) The quantity of each material used or purchased, in 

gallons. 

(iii) The VO C content of each material, in pounds per 

gallon. 

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

materials used or purchased. 

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

the number of jobs performed per week. 

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

documentation which demonstrates each exhaust stack 

complies with the design requirements listed in paragraph 

(A)(4)(g)(i)(f) ofthis rule. 

(d) For facilities located in Butler, Clark, Clermont, Greene, 

Hamilton, Miami, Montgomery and Warren counties, the 

owner or operator shall submit documentation sufficient to 

demonstrate that all employees applying coatings are 

properly trained in the use of a high volume low pressure 

(HVLP) sprayer and electrostatic spray equipment and in 

the handling of a coating and any solvents used to clean the 
3745-31-03 

spray equipment. The owner or operator shall maintain a 

copy of this documentation on-site and make the 

documentation available to the Ohio environmental 

protection agency, or its representative, upon request. 

(v) Testing requirements 

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

based upon the recordkeeping requirements specified in 

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

(b) Compliance with the hourly VOC/combined HA P emission 

limitation is based on multiplying the maximum of one job 

per hour by a maximum emission factor of nine pounds 

VOC/combined HA P per job. Compliance with the hourly 

single HA P emission limitation is based on multiplying the 

maximum of one job per hour by a maximum emission 

factor of 4.5 pounds single HA P per job. 

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

H A P emission limitation is based on multiplying the 

maximum number of jobs per week, fifty, by an emission 

factor of nine pounds VOC/combined HA P per job by 

fifty-two weeks per year and dividing by two thousand 

pounds per ton. Compliance with the annual tons per year 

single HA P emission limitation is based on multiplying the 

maximum number of jobs per week, 50, by an emission 

factor of 4.5 pounds single HA P per job by fifty-two weeks 

per year and dividing by two thousand pounds per ton. 

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

(i) Qualifications 

A gasoline dispensing facility, as defined in paragraph (H) of rule 

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

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

and meets all of the following conditions is eligible to use this 

permit-by-rule: 

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

Stark, Trumbull, and Wood counties. 
3745-31-03 23 

(b) Has all gasoline storage tanks equipped with submerged fill 

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

Administrative Code. 

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

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

Administrative Code to control the vapors displaced from 

the stationary storage tanks during delivery vessel transfer 

operations, unless exempted from Stage I requirements by 

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

3745-21-09 ofthe Administrative Code. 

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

hundred thousand gallons per year. 

(ii) Applicable emission limitations and/or control requirements 

(a) The applicable rules, emission limitations and control 

requirements that apply to the facility subject to this 

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

Applicable Rule(s) Applicable Emission Limitations/Control 

Requirements 

Paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code 

OC emissions from the facility shall not 

exceed twenty-five tons per year. The 

facility shall employ submerged fill pipes 

on all gasoline storage tanks. The 

requirements of this rale also include 

compliance with the requirements of 

paragraph (R) of rale 3745-21-09 ofthe 

Administrative Code. 

Paragraph (R) of rule 3745-21-09 ofthe 

Administrative Code 

The control efficiency of the vapor balance 

or vapor control system shall be at least 

ninety per cent by weight for VOCs. 

(iii) Operational restrictions 

The facility shall comply with the following operational 

restrictions for the Stage I vapor control system: 
3745-31-03 24 

(a) The vapor balance system shall be kept in good working order 

and shall be used at all times during the transfer of gasoline. 

(b) There shall be no leaks in the delivery vessel pressure/vacuum 

relief valves and hatch covers. 

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

the transfer of gasoline. 

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

storage tank shall be conducted by use of submerged fill 

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

installed so they are within six inches of the bottom of the 

storage tank. 

(e) Al l fill caps shall be in place and clamped during normal 

storage conditions. 

(j) The owner or operator ofthe facility shall repair within fifteen 

days any leak from the vapor balance system or vapor 

control system which is employed to meet the requirements 

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

Administrative Code when such leak is equal to or greater 

than one hundred per cent of the lower explosive limit as 

propane, as determined under paragraph (K) of rule 

3745-21-10 ofthe Administrative Code. 

(iv) Monitoring and/or recordkeeping requirements 

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

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

following information: 

(i) Date of inspection. 

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

nature, and severity of each leak). 

(iii) Leak determination method. 
3745-31-03 25 

(iv) Corrective action (date each leak repaired and reasons 

for any repair interval in excess of fifteen calendar 

days). 

(v) Inspector's name and signature. 

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

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

applicable) throughput for the facility. 

(v) Permit-by-rule specific reporting requirements 

(a) An y leak from the vapor balance system or vapor control 

system that is not repaired within fifteen days after 

identification shall be reported to the appropriate Ohio 

environmental protection agency district office or local air 

agency within thirty days after the repair is completed. 

(b) An y 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) to (A)(4)(h)(iv) of this rule but shall comply 

with the following requirements: 

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

quantity of gasoline delivered to the facility during 

each month, and shall retain these records for a period 

of three years. 

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

environmental protection agency district office or 

local air agency if the gasoline throughput for any 

rolling twelve-month period is equal to or greater than 

one hundred twenty thousand gallons within forty-five 

days after the exceedance occurs. 

(vi) Testing requirements 

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

on multiplying the maximum annual gasoline throughput 
3745-31-03 26 

specified in this permit-by-rule (three million eight hundred 

thousand gallons) by an emission factor of thirteen pounds 

of OCs per one thousand gallons of gasoline and dividing 

by two thousand pounds per ton. The OC emissions from all 

diesel, kerosene, and used oil tank filling and dispensing 

operations, if present at the facility, are assumed to be 

negligible. 

(i) Gasoline dispensing facility with Stage I and Stage II controls 

permit-by-rule 

(i) Qualifications 

A gasoline dispensing facility, as defined by paragraph (H) of rule 

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

exempted under paragraph (A)(l)(ee) or (A)(l)(ff) of this rule, 

and meets all of the following conditions is eligible to use this 

permit-by-rule: 

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

Geauga, Greene, Hamilton, Lake, Lorain, Medina, Miami, 

Montgomery, Portage, Summit, and Warren counties. 

(b) Employs storage tanks equipped with submerged fill pipes, as 

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

Administrative Code. 

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

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

Administrative Code, unless exempted from Stage I 

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

3745-21-09 ofthe Administrative Code. 

(d) Employs a CAR B certified Stage II vapor control system, as 

defined by paragraph (H) 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 II requirements by one of the 

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

Administrative Code. 

[Comment: The meaning of CAR B certified and CAR B 

certification used throughout this permit-by-rule shall be 
3745-31-03 27 

consistent with the definition specified by paragraph (H) of 

rule 3745-21-01 ofthe Administrative Code.] 

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

per year. 

(ii) Applicable emission limitations and/or control requirements 

(a) The applicable rules, emission limitations and control 

requirements that apply to the facility subject to this 

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

Applicable Rule(s) Applicable Emission Limitations/Control 

Requirements 

Paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code 

OC emissions from the facility shall not 

exceed twenty-five tons per year. The 

facility shall employ submerged fill pipes 

on all storage tanks. The requirements of 

this rule also include compliance with the 

requirements of paragraphs (R) and (DDD) 

of rule 3745-21-09 ofthe Administrative 

Code. 

Paragraph (R) of rule 3745-21-09 ofthe 

Administrative Code 

The control efficiency of the Stage I vapor 

balance or vapor control system shall be at 

least ninety per cent by weight for VOCs. 

Paragraph (DDD) of rule 3745-21-09 ofthe 

Administrative Code 

The control efficiency of the Stage II vapor 

control system shall be at least ninety-five 

per cent by weight for VOCs. 

(iii) Operational restrictions 

(a) The owner or operator shall comply with the following 

operational restrictions for the Stage I vapor control system: 

(i) The vapor balance system shall be kept in good working 

order and shall be used at all times during the transfer 

of gasoline. 

(ii) There shall be no leaks in the delivery vessel 
3745-31-03 28 

pressure/vacuum relief valves and hatch covers. 

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

during the transfer of gasoline. 

(iv) The transfer of gasoline from a delivery vessel to a 

stationary storage tank shall be conducted by use of 

submerged fill into the storage tank. The submerged 

fill pipe(s) are to be installed so they are within six 

inches ofthe bottom of the storage tank. 

(v) All fill caps shall be in place and clamped during normal 

storage conditions. 

(vi) The owner or operator of the facility shall repair within 

fifteen days any leak from the vapor balance system 

or vapor control system which is employed to meet 

the requirements of paragraph (R)(l) of rule 

3745-21-09 of the Administrative Code when such 

leak is equal to or greater than one hundred per cent 

of the lower explosive limit as propane, as determined 

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

Administrative Code. 

(b) The owner or operator shall install, operate and maintain the 

Stage II vapor control system in accordance with the 

manufacturer's specifications, the applicable CAR B 

certification, and all requirements of paragraph (DDD)(1) of 

rule 3745-21-09 ofthe Administrative Code. 

(iv) Monitoring and/or recordkeeping requirements 

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

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

information: 

(i) Date of inspection. 

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

nature, and severity of each leak). 

(iii) Leak determination method. 
3745-31-03 29 

(iv) Corrective action (date each leak repaired and reasons 

for any repair interval in excess of fifteen calendar 

days). 

(v) Inspector'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 

Administrative Code and any records required by the 

applicable CAR B certification. The owner or operator does 

not need to maintain copies of the most recent 

permit-to-operate and permit-to-operate application, as 

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

the Administrative Code if electing to operate under this 

permit-by-rule. 

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

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

applicable) throughput for the facility. 

(v) Permit-by-rule specific reporting requirements 

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

facility from the Stage I or Stage II vapor control 

requirements pursuant to paragraphs (R)(4) or (DDD)(4) of 

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

appropriate Ohio environmental protection agency district 

office or local air agency using the written notification 

procedures described in paragraph (A)(4)(a) of this rule to 

describe the nature ofthe exemption. 

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

system that is not repaired within fifteen days after 

identification shall be reported to the appropriate Ohio 

environmental protection agency district office or local air 

agency within thirty days after the repair is completed. 

(c) A comprehensive written report on the results of any tests 

performed in accordance with the testing requirements of 

paragraph (A)(4)(h)(vi) of this rule shall be submitted to the 

appropriate Ohio environmental protection agency district 

office or local air agency within thirty days following the 
3745-31-03 30 

completion ofthe tests, 

(vi) Testing requirements 

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

Stage II vapor control system, the owner or operator shall 

perform the tests specified by paragraph (DDD)(2) of rule 

3745-21-09 ofthe Administrative Code. 

At intervals not to exceed five years, the owner or operator 

of the facility shall repeat and demonstrate compliance with 

the static leak test requirements contained in appendix A to 

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

greater frequency is specified in the applicable CAR B 

certification), and the dynamic pressure performance test 

requirements contained in appendix B to rule 3745-21-10 of 

the Administrative Code (unless the dynamic pressure 

performance test is not applicable to the specific Stage II 

vapor control system, as specified in the applicable CAR B 

certification). 

Not later than thirty days prior to any required tests, the 

owner or operator of the facility shall submit a test 

notification to the appropriate Ohio environmental 

protection agency district office or local air agency. The test 

notification shall describe the proposed test methods and 

procedures, the time and the date of the tests, and the person 

who will be conducting the tests. Failure to submit such 

notification prior to the tests may result in the Ohio 

environmental protection agency's refusal to accept the 

results of the tests. Personnel from the appropriate Ohio 

environmental protection agency district office or local air 

agency shall be permitted to witness the tests, examine the 

testing equipment, and acquire data and information during 

the tests. After completion of any tests, the facility shall 

complete and retain on site a copy of the post test inspection 

form contained in appendix C to rule 3745-21-10 of the 

Administrative Code. 

(b) The owner or operator of the gasoline dispensing facility shall 

perform and comply with any vapor control system tests 

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

applicable CAR B certification for the vapor control system 

installed. The tests shall be performed at the frequency 
3745-31-03 

specified in the CAR B certification. If the applicable CAR B 

certification for the vapor recovery system does not include 

such testing requirements, the owner or operator shall, at a 

minimum, comply with the static leak and dynamic pressure 

test requirements at intervals specified in paragraph 

(DDD)(2) of rule 3745-21-09 of the Administrative Code. 

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

on multiplying the maximum annual gasoline throughput 

specified in this permit-by-rule (sixteen million gallons) by 

an emission factor of 3.1 pounds of OCs per thousand 

gallons of gasoline and dividing by two thousand pounds 

per ton. The OC emissions from all diesel, kerosene, and 

used oil tank filling and dispensing operations, if present at 

the facility, are assumed to be negligible. 

(vii) Miscellaneous requirements 

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

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

underground and above ground plumbing, shall be installed, 

tested, operated and maintained in accordance with the 

applicable CAR B certification. Copies of CAR B 

certification documents, including executive orders, 

approval letters, equipment advisories, and equivalent test 

procedures are available from the appropriate Ohio 

environmental protection agency district office or local air 

agency upon request. 

(j) Boiler and heater permit-by-rule 

(i) Qualifications 

Boilers, preheaters, air heaters, water heaters, or heaters 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 heater as specified in 40 CFR Part 60, Subpart Dc are not 

eligible to use this permit-by-rule.] 

(a) The maximum rated heat input capacity of the air contaminant 

source is greater than ten million British thermal units per 
3745-31-03 32 

hour and less than or equal to one hundred million British 

thermal units per hour. 

(b) The air contaminant source is capable of burning only natural 

gas. 

(c) The emissions from the air contaminant source consist entirely 

of the products of fuel combustion. 

(d) Air contaminant sources with a maximum rated heat input 

capacity of greater than fifty million British thermal units 

per hour shall be equipped with low-NOx burners or other 

combustion control techniques designed to meet an 

emission limitation of not greater than 0.050 pound of 

nitrogen oxides per million British thermal units of heat 

input. 

(ii) Applicable emission limitations and/or control requirements 

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

requirements that apply to each air contaminant source 

subject to this permit-by-rule are defined in the following 

table: 

Applicable Rule(s) Applicable Emission Limitations/Control 

Requirements 

Paragraph (A) of rule 3745-17-07 ofthe 

Administrative Code 

The visible particulate matter emission 

limitations specified by this rule are less 

stringent than the visible particulate matter 

emission limitation established pursuant to 

paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code. 

Paragraph (B) of rule 3745-17-10 ofthe 

Administrative Code 

Particulate matter emissions shall not 

exceed 0.020 pound per million British 

thermal units of actual heat input. 

Paragraph (B) of rule 3745-23-06 ofthe 

Administrative Code 

Units meeting the permit-by-rule 

qualification criteria satisfy the latest 

available control techniques and operating 

practices pursuant to the rule. 

Paragraph (A) of rule 3745-18-06 ofthe A ir contaminant sources are exempt from 
3745-31-03 33 

Administrative Code this rule when natural gas is the only fuel 

burned. 

Paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code 

Particulate matter emissions shall not 

exceed 8.76 tons per year. Nitrogen oxides 

emissions shall not exceed 5.0 pounds per 

hour and 21.90 tons per year. Carbon 

monoxide emissions shall not exceed 8.24 

pounds per hour and 36.07 tons per year. 

OC emissions shall not exceed 1.08 pounds 

per hour and 4.72 tons per year. Sulfur 

dioxide emissions shall not exceed 0.06 

pound per hour and 0.26 ton per year. 

Visible particulate matter emissions shall 

not exceed five per cent opacity, as a 

six-minute average. The requirements of 

this rule also include compliance with the 

requirements of rule 3745-18-06, rule 

3745-23-06, and paragraph (B) of rule 

3745-17-10 ofthe Administrative Code. 

40 CF R Part 60, Subpart Dc This regulation does not specify emission 

limitations for air contaminant sources that 

only fire natural gas. 

(iii) Monitoring and/or recordkeeping requirements 

(a) The owner or operator shall maintain, at the location of the air 

contaminant source, documentation showing the maximum 

rated heat input capacity of the air contaminant source(s) 

and evidence that the air contaminant source(s) can only fire 

natural gas. 

(b) The owner or operator shall maintain monthly records of the 

total amount of natural gas fired for the air contaminant 

source(s). 

(iv) Permit-by-rule specific reporting requirements 

(a) For air contaminant sources installed after July 29, 2005, the 

owner or operator electing to use this permit-by-rule shall 

report the following, in accordance with 40 CFR Part 60, 

Subpart Dc, to the appropriate Ohio environmental 
3745-31-03 34 

protection agency district office or local air agency at the 

appropriate times: 

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

date). 

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

(iii) Date of performance testing (if required, at least thirty 

days prior to testing). 

(iv) The maximum rated heat input capacity of the air 

contaminant source(s) and the type of fiiel(s) fired (no 

later than thirty days after installation date). 

(v) Testing requirements 

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

multiplying the maximum hourly gas firing capacity of the 

air contaminant source (in million cubic feet per hour) by 

the emission factor specified by the United States 

environmental protection agency in Section 1.4 of the 

"Compilation of Air Pollutant Emission Factors (AP-42)", 

(in pounds per million cubic feet fired) for each pollutant. 

Compliance with the pounds per million British thermal 

units particulate emission limitation is based on dividing the 

filterable particulate emission factor specified by the United 

States environmental protection agency in Section 1.4 of the 

"Compilation of Air Pollutant Emission Factors (AP-42)" 

by one thousand twenty. If required by the Ohio 

environmental protection agency, the owner or operator 

shall demonstrate compliance with the pounds per million 

British thermal units and hourly emission limitations of this 

permit-by-rule in accordance with the appropriate test 

methods specified in 40 CFR Part 60, Appendix A . 

(b) Compliance with the annual emission limitations shall be 

assumed as long as compliance with the pound per million 

British thermal units and hourly emission limitations are 

maintained. These annual emission limitations represent the 

emissions calculated at the maximum capacity of the 

equipment and eight thousand seven hundred sixty hours 

per year of operation. 
3745-31-03 35 

(c) If required by the Ohio environmental protection agency, 

compliance with the visible particulate emission limitations 

shall be demonstrated in accordance with USEP A Method 9 

of 40 CFR Part 60, Appendix A . 

(k) Small printing facility permit-by-rule 

(i) Qualifications 

A printing facility that meets the following qualifications is 

eligible to use this permit-by-rule: 

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

the screen, digital, flexographic, letterpress, non-heatset 

lithographic, or heatset lithographic printing processes, and 

which do not utilize add-on emission control equipment. 

(b) The facility emits no more than ten tons of VOCs, five tons of 

a single HA P and ten tons of combined HAPs in any 

calendar year as demonstrated by either calculating actual 

facility-wide emissions, using methods approved by the 

Ohio environmental protection agency, or by electing to 

comply with the material usage limitations specified in 

paragraph (A)(4)(k)(i)(c) of this rule. 

(c) In lieu of calculating emissions to demonstrate compliance 

with the annual facility emission limitations specified in 

paragraph (A)(4)(k)(i)(b) of this rule, the owner or operator 

may elect to qualify the facility for this permit-by-rule by 

meeting the following material usage limitations for all 

materials employed at the facility in any calendar year: 

(i) Uses no more than one thousand three hundred 

thirty-three gallons of materials containing the same 

single HA P and no more than two thousand six 

hundred sixty-seven gallons of materials containing 

any HAPs. 

(ii) Operates only heatset offset lithographic printing lines 

and uses no more than twenty thousand pounds of ink, 

cleaning solvent, and fountain solution additives 

combined; or 
3745-31-03 36 

(iii) Operates only non-heatset offset lithographic printing 

lines and uses no more than two thousand eight 

hundred fifty gallons of cleaning solvent, and fountain 

solution additives combined; or 

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

than two thousand four hundred twenty-five gallons 

of solvent from inks and clean-up solutions and other 

solvent-containing materials combined; or 

(v) Operates only screen or letterpress printing lines and 

uses no more than two thousand eight hundred fifty 

gallons of solvent from inks and clean-up solutions 

and other solvent-containing materials combined; or 

(vi) Operates only water-based or ultraviolet (UV)-cured 

material flexographic printing lines and uses no more 

than eighty thousand pounds of water-based inks, 

coatings, and adhesives, combined; or 

(vii) Operates only solvent based material flexographic 

printing lines and uses no more than twenty thousand 

pounds of solvent from inks, dilution solvents, 

coatings, cleaning solutions and adhesives, combined; 

or 

(viii) Operates any combination of screen, digital, 

flexographic, letterpress, non-heatset lithographic, or 

heatset lithographic printing lines and the facility uses 

no more than the most stringent of the material usage 

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

(A)(4)(k)(viii) of this rule for the type of air 

contaminant source(s) at the facility. 

(ii) Applicable emission limitations and/or control requirements 

(a) The applicable rules, emission limitations and control 

requirements that apply to the facility subject to this 

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

Applicable Rule(s) Applicable Emission Limitations/Control 

Requirements 
3745-31-03 37 

Paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code 

Facility emissions shall not exceed ten tons 

of VOC, five tons of a single HA P and ten 

tons of combined HAPs for any calendar 

year. 

Paragraph (Y)(2)(b) of rule 3745-21-09 of 

the Administrative Code (flexographic 

presses only) 

Exempt from the requirements of paragraph 

(Y)(l) of rule 3745-21-09 ofthe 

Administrative Code since the qualifying 

criteria ensure that the combined maximum 

usage of coatings and inks in all presses at 

the facility is less than one hundred 

forty-eight tons per year. 

(iii) Monitoring and/or recordkeeping requirements 

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

annual records at the facility that list the following 

information for each graphic arts material (ink, fountain 

solution additives, clean-up solvents, etc.) employed in the 

facility during each calendar year: 

(i) The name and identification number of each material 

employed. 

(ii) The quantity of each material employed, in gallons or 

pounds. 

(iii) The O C content of each material, in pounds per gallon, 

or per cent, by weight. 

(iv) The individual HA P content for each HAP-containing 

material, in pounds of individual HA P per gallon of 

material. 

(v) The total combined HA P content of each material, in 

pounds of total HA P per gallon of material. 

(vi) The annual summation of usage in gallons, or pounds, 

of each graphic arts material if the facility elects to 

demonstrate compliance with the material usage 

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

rule; or 
3745-31-03 38 

(vii) The annual summation of total facility emissions of 

VOC , individual HAP, and combined HA P from all 

graphic arts materials employed if the facility elects to 

calculate actual emissions to demonstrate compliance 

with the emission limitations specified in paragraph 

(A)(4)(k)(b) ofthis rule. 

(iv) Permit-by-rule specific reporting requirements 

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

(A)(4)(k) of this rule should elect to operate under the 

permit-by-rule provisions for a midsize printing facility 

specified by paragraph (A)(4)(l) of this rule, the owner or 

operator of such facility shall comply with the notification 

requirements of paragraph (A)(4)(a)(ii) of this rule prior to 

operating under the permit-by-rule provisions for midsize 

printing facilities. 

(v) Testing Requirements 

(a) Compliance with the annual material usage limitations shall 

be based upon the recordkeeping requirements specified in 

paragraph (A)(4)(k)(iii)(a) of this rule. 

(b) For screen, letterpress, and non-heatset lithographic printing, 

compliance with the annual VO C emission limitation is 

based on the annual material usage limitations, in gallons, 

multiplied by a maximum VO C content of 7.0 pounds per 

gallon, and divided by two thousand pounds per ton. For 

digital printing, compliance with the annual VO C emission 

limitation is based on the annual material usage limitations, 

in gallons, multiplied by a maximum VO C content of 7.5 

pounds per gallon, and divided by two thousand pounds per 

ton. For water-based or ultraviolet (UV)-cured flexographic 

printing, compliance with the annual VO C emission 

limitation is based on the annual material usage limitation, 

in pounds, multiplied by an assumed maximum VO C 

content of twenty-five per cent, and divided by two 

thousand pounds per ton. For solvent-based flexographic 

printing and heatset lithographic printing, compliance with 

the annual VO C emission limitation is based on the annual 

material usage limitation, in pounds, multiplied by an 

assumed maximum VO C content of one hundred per cent, 
3745-31-03 

and divided by two thousand pounds per ton. For all 

printing types, compliance with the annual HA P 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 HA P content of 7.5 

pounds per gallon, and divided by two thousand pounds per 

ton. 

(c) A n owner or operator of the facility electing to demonstrate 

compliance with the annual VOC , HAP, and combined 

H A P emission limitations by calculating the actual facility 

emissions may use the actual material VO C contents and 

usage rates from records required by paragraph 

(A)(4)(k)(iii) of this rule. The calculations shall be 

performed annually using methods approved by the Ohio 

environmental protection agency. 

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

(i) Qualifications 

A printing facility that meets the following qualifications is 

eligible to use this permit-by-rule: 

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

the screen, digital, flexographic, letterpress, non-heatset 

lithographic, or heatset lithographic printing processes, and 

which do not utilize add-on emission control equipment. 

(b) The facility emits no more than twenty-five tons of VOCs, 

five tons of a single HA P and 12.5 tons of combined HAPs 

in any rolling, twelve-month period as demonstrated by 

either calculating actual facility-wide emissions, using 

methods approved by the Ohio environmental protection 

agency, or by electing to comply with the material usage 

limitations specified in paragraph (A)(4)(l)(i)(c) ofthis rule. 

(c) In lieu of calculating emissions to demonstrate compliance 

with the facility emission limitations specified in paragraph 

(A)(4)(l)(i)(b) of this 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, twelve-month period: 
3745-31-03 40 

(i) Uses no more than one thousand three hundred 

thirty-three gallons of materials containing the same 

single HA P and no more than three thousand three 

hundred thirty-three gallons of materials containing 

any HAPs. 

(ii) Operates only heatset offset lithographic printing lines 

and uses no more than fifty thousand pounds of ink, 

cleaning solvent, and fountain solution additives 

combined; or 

(iii) Operates only non-heatset offset lithographic printing 

lines and uses no more than seven thousand one 

hundred gallons of cleaning solvent and fountain 

solution additives combined; or 

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

than six thousand gallons of solvent from inks and 

clean-up solutions and other solvent containing 

materials combined; or 

(v) Operates only screen or letterpress printing lines and 

uses no more than seven thousand one hundred 

gallons of solvent from inks and clean-up solutions 

and other solvent containing materials combined; or 

(vi) Operates only water-based or ultraviolet (UV)-cured 

material flexographic printing lines and uses no more 

than two hundred thousand pounds of water-based 

inks, coatings, and adhesives, combined; or 

(vii) Operates only solvent based material flexographic 

printing lines and uses no more than fifty thousand 

pounds of solvent from inks, dilution solvents, 

coatings, clean-up solutions and adhesives, combined; 

or 

(viii) Operates any combination of screen, digital, 

flexographic, letterpress, non-heatset lithographic, or 

heatset lithographic printing processes and the facility 

uses no more than the most stringent of the material 

usage limits contained in paragraphs (A)(4)(l)(iii) to 
3745-31-03 41 

(A)(4)(l)(viii) of this rule for the type of air 

contaminant source(s) at the facility. 

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

following standards: 

(i) Cleanup solutions either shall not exceed thirty per cent 

VOC , by weight, as applied, or shall have a VO C 

composite partial pressure of ten millimeters of 

mercury (mmHg) or less at twenty degrees Celsius 

(sixty-eight degrees Fahrenheit). 

(ii) Cleanup solutions shall be kept in covered containers 

during transport and storage. 

(iii) Shop towels contaminated with cleanup solution shall 

be kept, when not in use, in covered containers. 

(iv) The use of cleanup solutions not meeting the condition 

in paragraph (A)(4)(l)(i)(d)(i) of this rule shall not 

exceed a combined total of one hundred ten gallons in 

any rolling, twelve-month period. 

(ii) Applicable emission limitations and/or control requirements 

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

requirements that apply to the facility subject to this 

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

Applicable Rule(s) Applicable Emission Limitations/Control 

Requirements 

Paragraph (A)(3) of rule 3745-31-05 ofthe 

Administrative Code 

Facility emissions shall not exceed 

twenty-five tons of VOC , five tons of a 

single HA P and 12.5 tons of combined 

HAPs for any rolling, twelve-month period. 

Paragraph (Y)(2)(b) of rule 3745-21-09 of 

the Administrative Code (flexographic 

presses only) 

Exempt from the requirements of paragraph 

(Y)(l) of rule 3745-21-09 ofthe 

Administrative Code since the qualifying 

criteria ensure that the combined maximum 

usage of coatings and inks in all presses at 

the facility is less than one hundred 
3745-31-03 42 

forty-eight tons per year. 

(iii) Monitoring and/or recordkeeping requirements 

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

monthly records at the facility that list the following 

information for each graphic arts material (ink, fountain 

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

facility: 

(i) The name and identification number of each material 

employed. 

(ii) The quantity of each material employed, in gallons or 

pounds. 

(iii) The OC content of each material, in pounds per gallon, 

or per cent by weight. 

(iv) The individual HA P content for each HAP-containing 

material, in pounds of individual HA P per gallon of 

material. 

(v) The total combined HA P content of each material, in 

pounds of combined HA P per gallon of material. 

(vi) The rolling, twelve-month summation of usage in 

gallons of each graphic arts material employed if the 

facility elects to demonstrate compliance with the 

material usage limitations specified in paragraph 

(A)(4)(l)(i)(c) of this rule; or 

(vii) The rolling, twelve-month summation of total facility 

emissions of VOC , individual HAP, and combined 

H A P from all graphic arts materials employed if the 

facility elects to calculate actual emissions to 

demonstrate compliance with the emission limitations 

specified in paragraph (A)(4)(l)(i)(b) ofthis rule. 

(iv) Testing requirements 
3745-31-03 

(a) Compliance with the rolling, twelve-month material usage 

thresholds and/or emission limitations shall be based upon 

the recordkeeping requirements specified in paragraph 

(A)(4)(l)(iii)(a) ofthis rule. 

(b) For screen, letterpress, and non-heatset lithographic printing, 

compliance with the annual VO C emission limitation is 

based on the annual material usage limitations, in gallons, 

multiplied by a maximum VO C content of 7.0 pounds per 

gallon, and divided by two thousand pounds per ton. For 

digital printing, compliance with the annual VO C emission 

limitation is based on the annual material usage limitations, 

in gallons, multiplied by a maximum VO C content of 7.5 

pounds per gallon, and divided by two thousand pounds per 

ton. For water-based or UV-cured flexographic printing, 

compliance with the annual VO C emission limitation is 

based on the annual material usage limitation, in pounds, 

multiplied by an assumed maximum VO C content of 

twenty-five per cent, and divided by two thousand pounds 

per ton. For solvent-based flexographic printing and heatset 

lithographic printing, compliance with the annual VO C 

emission limitation is based on the annual material usage 

limitation, in pounds, multiplied by an assumed maximum 

V O C content of one hundred per cent, and divided by two 

thousand pounds per ton. For all printing types, compliance 

with the annual HA P emission limitations is based on the 

annual material usage limitations specified in paragraph 

(A)(4)(l)(i)(c)(i) of this rule, in gallons, multiplied by a 

maximum HA P content of 7.5 pounds per gallon, and 

divided by two thousand pounds per ton. 

(c) A n owner or operator of the facility electing to demonstrate 

compliance with the annual VOC , HAP, and combined 

H A P emission limitations by calculating the actual facility 

emissions may use the actual material VO C contents and 

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

of this rule. The calculations shall be performed using 

methods approved by the Ohio environmental protection 

agency. 

(5) De minimis exemption 

A ir contaminant sources which meet the requirements of rule 3745-15-05 of 

the Administrative Code and section 3704.011 of the Revised Code are 
3745-31-03 

exempt from the requirements of this chapter. 
3745-31-03 45 

Replaces: 

Effective: 

R.C. 119.032 review dates: 

Part of 3745-35-02, Part of 3745-35-05 

06/30/2008 

12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

119.03 

3704.03(F), 3704.03(G) 

3704.03(G), 3704.03(F), 3704.03(A) 

7/5/73, 1/1/74, 11/07/79, 6/14/82, 8/15/82, 9/18/87, 

8/14/89, 10/8/93, 4/20/94, 6/1/94, 11/18/94, 4/12/96, 

4/27/98, 06/18/01, 11/30/01, 10/17/03, 7/29/05, 

11/03/06, 12/01/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-04 Applications. 

(A) Applications for both permits-to-install and PTIOs required by rule 3745-31-02 of the 

Administrative Code shall contain such information as the director deems necessary 

to determine whether the criteria of rule 3745-31-05 of the Administrative Code are 

met and shall be made on forms prepared by the Ohio environmental protection 

agency. 

(B) Applications for permits-to-install and PTIOs shall be signed: 

(1) In the case of a corporation, by a principal executive officer of at least the level 

of vice president, or his/her duly authorized representative, if such 

representative is responsible for the overall operation of the facility; 

(2) In the case of a partnership, by a general partner; 

(3) In the case of sole proprietorship, by the proprietor; and 

(4) In the case of a municipal, state, federal or other governmental facility, by the 

principal executive officer, the ranking elected official, or other duly 

authorized employee. 

(C) The signatures shall constitute personal affirmation that all statements or assertions of 

fact made in the application are true and complete, comply fully with applicable 

state requirements, and shall subject the signatory to liability under applicable state 

laws forbidding false or misleading statements. 

(D) PTIO applications for grain and feed processing operations and fertilizer mixing 

operations 

(1) A single PTIO application may be submitted for the following sources: 

(a) Shelters, hammer mills and aspirated bagging operations and other air 

contaminant sources subject to rule 3745-17-11 of the Administrative 

Code and which are located at a stationary source which constitutes a 

grain and feed processing operation. 

(b) Air contaminant sources which are subject to rule 3745-17-11 of the 

Administrative Code and which are located at a stationary source which 

constitutes a fertilizer mixing operation. 

(2) A PTIO application for air contaminant sources of fugitive dust at grain and 

feed processing operations or a fertilizer mixing operation and which are 

subject to rule 3745-17-08 of the Administrative Code shall be submitted in 

accordance with applicable law. 

[stylesheet: rule jcsl 2,14, authoring tool: i4i 2.01 May 21, 2003. (dv: 6, p: 28917, pa: 51259, ra: 155343. d: 152125)] print date: 06/02/2008 08:47 A M 
3745-31-04 2 

Replaces: 3745-35-06 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F), 3704.03(G) 

Rule Amplifies: 3704.03(G), 3704.03(F), 3704.03(A) 

Prior Effective Dates: 1/1/74, 12/5/80, 8/15/82, 9/18/87, 10/31/96, 10/17/03, 

11/3/06, 12/1/06 
ACTION: Final DATE: 06/02/2008 8:17 A M 

3745-31-05 Criteria for decision by the director. 

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

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

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

3745-31-01 ofthe Administrative Code.] 

(A) Permit-to-install or PTIOThe 

The director shall issue a permit-to-install or PTIO, on the basis of the information 

appearing in the application, or information gathered by or furnished to the Ohio 

environmental protection agency, or both, if he/she determines that the installation 

erA modification andor operation of the air contaminant source will: 

(1) Not prevent or interfere with the attainment or maintenance of applicable 

ambient air quality standards; and 

(2) Not result in a violation of any applicable laws, including but not limited to: 

(a) Emission standards adopted by the Ohio environmental protection agency; 

(b) Federal standards of performance for new stationary sources adopted by 

the administrator of the United States environmental protection agency 

pursuant to Section 111 of the Clean Air Act and the regulations 

promulgated thereunder; 

(c) Requirements pertaining to installation of major stationary sources or 

major modifications in attainment and nonattainment areas as contained 

in rule 3745-31-10 to rule 3745-31-27 ofthe Administrative Code. 

(d) National emission standards for hazardous air pollutants adopted by the 

administrator of the United States environmental protection agency 

pursuant to Section 112 of the Clean Air Act and the regulations 

promulgated thereunder (including 40 CFR Part 61 and 40 CFR Part 

63); 

(3) Employ BAT , e^eeeptwhen applicable, in accordance with the following: 

(a) BA T shall be evaluated, determined and required in either the initial 

permit-to-install or PTIO issued for an air contaminant source or when 

a modification of the air contaminant source results in the issuance of a 

permit-to-install or PTIO, except: 

(i) BA T is not required i f the air contaminant source was installed on or 

[stylesheet: rule.xsl 2.14, authoring tool: i4i 2.01 May 21, 2003. (dv: 55, p: 28917, pa: 51259, ra: 155342. d: 167191)] print date: 06/02/2008 08:47 A M 
3745-31-05 2 

before January 1. 1974: 

(ii) BA T is not required if the air contaminant source was installed or 

modified on or after August 3. 2006 and has the potential to emit, 

taking into account air pollution controls installed on the source, 

less than ten tons per year of emissions of an air contaminant or 

precursor of an air contaminant for which a national ambient air 

quality standard has been adopted under the Clean Air Act: 

fa¥iii) Whonlf the only requirement to obtain a permit-to-install or 

PTIO is due to the following, any existing BA T determination, 

when applicable, remains in effect and BA T shall not be 

reevaluated and redetermined: 

Q)(a) A modification as a result of the requirements of paragraph 

(PPP)(l)(b) rOOOVlYb) of rule 3745-31-01 of the 

Administrative Code; or 

ti&(b) The requirements of paragraph (A)(2)(F) of this rule 

3745 31 02 of tho Administrative Code, ; oiz 

fc) An administrative modification. 

(b) When the now or modified air contaminant source is installed or modifiod 

on or after August 3, 2006 and has the potential to omit, taking into 

account air pollution controls installed on tho sourco, loss than ton tons 

per yoar of omissions of an air contaminant or precursor of an air 

contaminant for which a national ambiont air qualify standard has boon 

adopted under tho Clean Air Act.For air contaminant sources subject to 

an existing BA T determination. BA T shall be reevaluated and 

redetermined when a modification of the air contaminant sourcefs) 

occurs. 

(c) Except as provided in paragraph (A)(3)(b) of this rule. BA T shall not be 

reevaluated and redetermined when a PTIO is renewed, notwithstanding 

a modification as defined in rule 3745-31-01 of the Administrative 

Code. However, any existing BA T determination remains in effect. 

(d) BA T mav be reevaluated and redetermined at any time, in accordance 

with the definition of BA T contained in rule 3745-31-01 of the 

Administrative Code, based on data available at the time the air 

contaminant source was initially installed or most recently modified, 

whichever occurs later. 

(e) Any reevaluated and redetermined BA T shall be in effect upon 
3745-31-05 3 

completion of the physical change or change in the method of operation 

or. when a physical change for change in the method of operation is not 

applicable, upon issuance of the permit-to-install or PTIO. Prior to 

completion of the physical change or change in the method of operation 

or issuance of the permit-to-install or PTIO. any existing BA T 

determination remains in effect. 

(B) During operation, the air contaminant source shall be in compliance with applicable 

rules and laws or if either required by rule or when the director determines it is 

necessary, the owner or operator shall be required to submit an approvable 

compliance plan, as required by division (G) of section 3704.03 of the Revised 

Code, for incorporation into the permit terms and conditions. A compliance plan 

shall be approvable where it shows to the satisfaction of the director that: 

(1) Operation of the air contaminant source under the compliance plan will result in 

compliance with all applicable requirements and laws as expeditiously as 

practicable but no later than any date required by applicable law: 

(2) Al l reasonable interim control measures are identified; and 

(3) Where applicable, is consistent with and at least as stringent as any compliance 

schedule contained in any judicial consent decree or administrative order to 

which the air contaminant source is subject. 

(C) Conditional PTIOs 

If a new source that has been constructed, installed, located or modified in 

accordance with the provisions of a permit-to-install or PTIO. and otherwise in 

accordance with applicable law, is not subject to Chapter 3745-77 of the 

Administrative Code, is unable to comply with the terms and conditions of the 

permit and/or applicable law as of the date the source began operation, the director 

may grant a conditional PTIO to operate such source provided the owner or 

operator provides sufficient information to demonstrate: 

(1) The period is used to remedy any defect which prevents such compliance and 

the applicant demonstrates that compliance with emission standards 

prescribed by applicable law will be achieved as expeditiously as practicable: 

and 

(2) An y reasonably available alternative operating procedures and interim control 

measures have been used or will be used to reduce excess emissions: and 

(3) The continued operation of the source pursuant to the conditional PTIO will not 

endanger or threaten to endanger human health. 

Conditional PTIOs shall contain such terms and conditions as the Ohio 

environmental protection agency determines necessary and appropriate. 
3745-31-05 4 

(D) Special terms and conditions including federally enforceable limitations on potential 

to emit 

The director may impose such special terms and conditions as are appropriate or 

necessary to ensure compliance with the applicable laws and to ensure adequate 

protection of environmental quality. 

(1) Special terms and conditions necessary to ensure compliance with requirements 

mandated by the Clean Air Act, which include regulations promulgated by 

the administrator there under, include synthetic minor emissions unit terms 

and conditions issued in a permit-to-install or PTIO and/or Federally 

Enforceable PTIO (FEPTIO). Such terms and conditions shall be federally 

enforceable and may restrict a stationary source's potential to emit below 

major source thresholds, below thresholds for other Clean Air Act 

requirements, or place other restrictions on an air contaminant source or 

stationary source in order to avoid a Clean Air Act requirement's). Federally 

enforceable terms and conditions, including limitations on the potential to 

emit of a source, will be designated as such through one of the following: 

fa) Terms and conditions of a final permit-to-install issued under this chapter: 

or 

(b) Terms and conditions of a final FEPTIO issued under this chapter; or 

[Comment: In 59 FR 53586. October 25. 1994. fas revised in 60 FR 

55200. October 30. 1995). the United States environmental protection 

agency approved rule language providing for the creation of a program 

for issuing federally enforceable state operating permits. See former 

rule 3745-35-07 of the Administrative Code. That approved rule 

language has been incorporated in paragraphs (D)(1) to (D)(4) of this 

rule. Consequently, such designated terms and conditions imposed in an 

FEPTIO under the approved program elements contained in the 

language of paragraphs (D)(1) to (D)(4) of this rule will be considered 

federally enforceable as of the effective date of this rule, unless and 

until the United States environmental protection agency later 

disapproves the language.] 

fc) Rules or orders of the director that are submitted to and approved by the 

administrator as revisions to the Ohio state implementation plan under 

Section 110 and 112(1) ofthe Clean Air Act. 

(2) In order to be federally enforceable, a limitation on the potential to emit of an 

air contaminant source or stationary source must: 

(a) Specify an annual limit on emissions from the source: 
3745-31-05 5 

(b) Specify a short-term limit on emissions for each pollutant to be restricted. 

and specify a short-term limit on production or operation, provided that 

for purposes of limiting potential to emit, acceptable short-term 

limitations on production or operation shall include but not be limited 

to: 

(i) A thirty-day summation limitation or three-hundred and sixty-five 

day rolling summation limitation computed each calendar day: 

(ii) A monthly limitation: or 

(iii) A rolling twelve-month summation limitation: and 

(c) Specify adequate and enforceable methods for establishing compliance 

with the annual and short-term limits, using methods from 40 CFR Part 

60. Appendix A or 40 CFR Part 51. Appendix M where appropriate: 

and 

(d) Be no less stringent than any federally applicable requirement to which 

the source is subject: and 

(e) Be contained in a permit first issued as a draft or proposed action with an 

opportunity for public comment under rule 3745-47-05 of the 

Administrative Code with concurrent notice and opportunity for 

comment given to the administrator of the United States environmental 

protection agency region five. During the public comment period, if the 

administrator objects that the terms and conditions ofthe permit are not 

federally enforceable, the director shall not issue the permit until such 

objection has been resolved. 

(3) Only those terms and conditions issued in a permit under this chapter and in 

accordance with paragraph (D)(2) of this rule that are necessary to avoid a 

Clean Air Act requirementfs). including a limitation on the potential to emit 

of an air contaminant source or stationary source, and expressly designated as 

federally enforceable, shall be federally enforceable. 

(4) Upon the request of the owner or operator, any of the mechanisms provided in 

paragraph (D)(1) of this rule shall allow for trading of emissions increases 

and decreases among air contaminant sources located at the same stationary 

source that is consistent with the Clean Air Act for the purpose of complying 

with a federally enforceable cap on the potential to emit of the source. Such 

limitations shall ensure that the trades are quantifiable and enforceable and 

require seven-day advance notification to the appropriate Ohio environmental 

protection agency district office or delegated local air agency. 

(5) Relaxation of federally enforceable limitations 
3745-31-05 

At such time that a particular stationary source or modification becomes a 

major stationary source or major modification solely by virtue of a relaxation 

in any federally enforceable term and condition or limitation established after 

August 7. 1980. on the capacity of the stationary source or modification 

otherwise to emit an air pollutant, such as a restriction on hours of operation, 

the requirements of rules 3745-31-10 to 3745-31-27 and 3745-31-30 to 

3745-31-32 of the Administrative Code shall apply to the stationary source or 

modification as though construction had not yet commenced on the stationary 

source or modification. 

(B) In deciding whether to grant or deny a permit-to-install, tho director may take into 

consideration tho social and oconomic impact of tho air contaminants, water 

pollutants, or othor adverse environmental impact that may bo a consequence of 

issuance of the permit to-install. 

£€¥E) State-only enforceable limitationsThe 

The director may impose such special terms and conditions as aro appropriate or 

necessary to ensure compliance with tho applicable law3 and to ensure adequate 

protection of environmental qualify. Special terms and conditions necessary to 

ensure compliance with requirements mandated by the Clean Air Act or regulations 

promulgated by tho administrator thereunder, including synthetic minor omissions 

unit conditions that restrict the stationary source^ potential to omit below major 

size cutoffs, shall bo federally enforceable and designated as such in tho 

permit to install. Tho director may impose terms and conditions necessary to ensure 

compliance with any provisions of the statutes or regulations of the state of Ohio 

that are not mandated by the Clean Air Act or regulations adopted by the 

administrator thereunder, but such terms and conditions shall be enforceable as 

state law only, and shall be designated as such in the permit-to-install. PTIO or 

FEPTIO. 

(F) Voluntary limits on allowable emissions 

The owner or operator of any air contaminant source may apply for a 

permit-to-install or PTIO to voluntarily limit the allowable emissions from the air 

contaminant source or limit the type of air contaminants authorized to be emitted 

from the air contaminant source. The director shall act upon such application in 

accordance with the requirements of this rule, provided that paragraphs (A)(3) and 

(1) of this rule shall not apply unless the application is for the installation of a new 

source as defined by rule 3745-31-01 of the Administrative Code or is for a 

modification of an air contaminant source as defined by rule 3745-31-01 of the 

Administrative Code. 

(G) Express permit-to-install or express PTIO processing 
3745-31-05 7 

(©)£!} A n applicant whose air contaminant source(s) meets the following criteria 

may request in writing that the air contaminant sourcels(s) be issuod an 

application receives express permit-to-install (registration status)or express 

PTIO processing as defined in rule 3745-31-01 of the Administrative Code. 

In order to be considered for express pormit-to-install processing (registration 

status), the air contaminant source owner or operator must: 

(a) Apply for a permit-to-install or a PTIO for a source undergoing 

installation or modification as defined in rule 3745-31-01 of the 

Administrative Code. 

ft¥b ) Submit a complete permit-to-install or PTIO application, 

{3)(c} Demonstrate compliance with all applicable law including tho 

employment of BAT , 

B¥d ) Have maximum uncontrolled emissions as defined in rule 3745-31-01 

of the Administrative Code of less than five tons per pollutant per each 

year for particulate matter, sulfur dioxide, nitrogen oxides, and OCs, 

(4)(e) Not be subject to the United States environmental protection agency 

new source performance standards, and 

(S¥f ) Not be subject to the national emission standards for hazardous air 

pollutants or a United States environmental protection agency 

promulgated standard for HAPs. 

Within sixty days of the receipt of a complete request, the director shall 

notify the applicant whether tho air contaminant source will be accepted 

for express permit to install processing (registration status). Installation 

or construction of tho air contaminant 30urco may commence after sixty 

days if tho applicant has not boon notified or upon tho issuance of tho 

express permit to install (registration status). 

1 UvJ 

(2) The issuance of an express permit-to-install (registration status) or express 

PTIO does not relieve the applicant from compliance with any applicable air 

pollution control requirement (including the requirement to apply for a 

permit to operate) and is at the discretion ofthe director. 

(H) Site approval for portable sources 
3745-31-05 8 

(E)(JQ In determining whether the director issues a site approval for a portable 

source, the applicant must demonstrate that the following criteria have been 

met: 

(4-)(a) The portable source continues to comply with the currently effective 

Ohio environmental protection agency permit-to-instalL PTIO or 

express permit to install (registration status), and/or any applicable 

pormit-to-oporato. 

(3)(b) The portable source was issued a permit-to-install or PTIO and where 

B A T requirements were defined in that permit-to-install or PTIO. the 

portable source continues to comply with any applicable BA T 

requirements. 

(3){c) The portable source owner has identified the proposed site to Ohio 

environmental protection agency. 

(4¥d) Ohio environmental protection agency has determined that the portable 

source, at the proposed site, will have an acceptable environmental 

impact. 

(£)(e) A public notice, consistent with Chapter 3745-47 of the Administrative 

Code, is published in the county where the proposed site is located. 

f6¥f) The owner of the proposed site has provided the portable source owner 

with approval or equivalent declaration that it is acceptable to the site 

owner to move the portable source to this proposed site. 

(7)(g) The portable source owner has provided Ohio environmental protection 

agency with fifteen days advance written notice of the relocation. 

A n y sito approvals issuod by Ohio environmental protection agency 

shall bo valid for no longer than throe years and aro subject to renewal. 

[Comment: Relocation of any portable source that results in the installation of 

a major stationary source or the modification of a major stationary source 

must also meet all applicable requirements under this chapter, including the 

requirement to obtain a permit-to-install or PTIO prior to relocation. 

Relocation of any portable source that results in the creation of a major 

source, as defined in rule 3745-77-01 of the Administrative Code, must also 

meet all applicable requirements under the Title V program contained in 

Chapter 3745-77 of the Administrative Code, which may include the 
3745-31-05 9 

requirement to apply for a Title V permit.] 

(2) Site approvals expire and are renewed according to paragraph (C)(2) of rule 

3745-31-07 ofthe Administrative Code. 

(I) In deciding whether to grant or deny a permit-to-install or PTIO. the director may take 

into consideration the social and economic impact of the air contaminants, water 

pollutants, or other adverse environmental impact that may be a consequence of 

issuance ofthe permit-to-install or PTIO. 

(F) Tho diroctor may modify tho site approval to add or delete certain portable sources or 

add or doloto certain terms and conditions as appropriate. 

(G) Within one hundred eighty days aftor a completed application i3 filod, tho diroctor 

shall issue or propose to issue or dony a permit to installor express permit to install 

(registration status), and such action shall be in accordance with Chapter 3745 47 

ofthe Administrative Code. 

(H)(1) The director shall coordinate the review and issuance of an air pollution 

permit-to-install or PTIO with any other relevant Ohio environmental protection 

agency permit-to-install program. This coordination of an individual 

permit-to-install or PTIO shall involve the identification of materials to relevant 

programs and the coordination of the granting or denying of program separate or 

program combined permit-to-installs or PTIOs. A coordinated review and issuance 

of an air pollution permit-to-install or PTIO for an air contaminant source is 

typically needed for the following types of air contaminant sources and would be 

coordinated with the following divisions: 

A ir Contaminant Source Type DHW M D S W DDAG W DSIW M 

Composting Facility X X X X 

Degreasing/Cold Cleaning X X 

Dry Cleaning X X 

Gasoline Dispensing Facility X X 

Infectious Waste Incinerator X X 

Liquid Material Storage Tanks X X X 

Loading Rack X X 

Painting Operations X X 

Printing Operations X X 
3745-31-05 10 

Sanitary Landfill X X X 

Solid Waste Incinerator X X 

Solid Waste Transfer Facility X X X 

Sources with Baghouses X 

Sources with Electrostatic Precipitators X 

Sources with Scrubbers X X 

Hazardous Waste Management Unit X X X 

Hazardous Waste Recycling Facility X X X 

DHW M - division of hazardous waste management; DSW - division of surface 

water; DDAG W - division of drinking and ground waters; f DSIW M - solid and 

infectious waste management 

The director may consult with other Ohio environmental protection agency 

programs or other persons as he/she deems appropriate. 
3745-31-05 11 

Replaces :

 Part of 3745-31-02, Part of 3745-31-10, Part of 

3745-35-02, Part of 3745-35-07 

Effective: 06/30/2008 

R.C. 119.032 review dates: 12/01/2011 

CERTIFIED ELECTRONICALL Y 

Certification 

06/02/2008 

Date 

Promulgated Under: 119.03 

Statutory Authority: 3704.03(F), 3704.03(G), 3704.03(T) 

Rule Amplifies: 3704.03(T), 3704.03(G), 3704.03(F), 3704.03(A) 

Prior Effective Dates: 7/5/73, 1/1/74, 12/7/78, 11/7/79, 6/14/82, 8/15/82, 

9/18/87, 11/17/88 (Emer.), 3/9/89 (Emer.), 6/12/89, 

10/8/93, 4/20/94, 10/31/94, 11/18/94, 4/12/96, 

4/27/98, 6/18/01, 11/30/01,10/17/03, 10/28/04, 

11/3/06, 12/1/06