Article II 

Copy of Public Notice and 

Director's Findings & Orders 

-10 -
BEFORE THE 

OHIO ENVIRONMENTAL PROTECTION AGENCY 2003 

In the Matter of: 

The Adoption of Amended 

Rules 3745-15-03, 3745-31-02 

3745-31-03, 3745-31-04, 

3745-31-05, 3745-31-07, 

3745-31-10, 3745-31-20, 

3745-31-22, 3745-31-29, 

3745-31-30, 3745-31-31, 

3745-31-32, artd 3745-31-33 

of the Ohio Administrative 

Code 

The Rescission of Rules 

3745-35-01, 3745-35-02, 

3745-35-03, 3745-35-04, 

3745-35-05, 3745-35-06, 

3745-35-07, 3745-35-08, 

3745-31-06, 3745-31-08, 

and 3745-31-09 

of the Ohio Administrative 

Code 

Director's Final Findings and 

Orders 

I certify this to be a true and accurate copy of the 

official documents as filed in the records of the Ohio 

Environmental F^poteiaton/kgency. 

ate:]_i2 

The Adoption of New Rules 

3745-31-06, 3745-31-08, 

and 3745-31-09 

of the Ohio Administrative 

Code 

FINDINGS AND ORDERS 

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

Administrative Procedure Act the adoption, in final form, ofthe proposed amended rules of 

the Ohio Administrative Code cited above, finds: 

1. That due notice of a public hearing in this matter pursuant to the Administrative 

Procedure Act was given, that a public hearing was held on August 10, 2007, in 

Columbus, Ohio, and that all interested persons were afforded the opportunity to be 

heard; and 
2. That upon due consideration, the adoption, in final form, ofthe proposed amended, 

rescinded and new rules ofthe Ohio Administrative Code cited above, is reasonable 

and lawful and within the purview of authority provided by law. 

It is therefore ORDERED that new rules 3745-31-06, 3745-31-08, and 3745-31-09; 

amended rules 3745-15-03, 3745-31-02, 3745-31-03, 3745-31-04, 3745-31-05, 3745-31-

07, 3745-31-10, 3745-31-20, 3745-31-22, 3745-31-29, 3745-31-30, 3745-31-31, 

3745-31-32, and 3745-31-33; and rescinded rules 3745-35-01, 3745-35-02, 3745-35-03, 

3745-35-04, 3745-35-05, 3745-35-06, 3745-35-07, 3745-35-08, 3745-31-06, 3745-31-08, 

and 3745-31-09, ofthe Ohio Administrative Code be adopted in final form. 

It is further 

ORDERED that the effective date of said amended rules shall be JUN 3 0 2908 

It is further 

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

rules, in final form, shall be filed with the Secretary of State, the Joint Committee on 

Agency Rule Review, the Legislative Services Commission, and the Department of 

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

APPEAL RIGHTS 

Notice is hereby given that this action ofthe Director is final and may be appealed to the 

Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio 

Revised Code. The appeal must be in writing and set forth the action complained of and 

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

Commission within thirty (30) days after notice ofthe Director's action. The appeal must be 

accompanied by a filing fee of $70.00 which the Commission, in its discretion, may reduce 

if by affidavit you demonstrate that payment of the full amount of the fee would cause 

extreme hardship. Notice of the filing of the appeal shall be filed with the Director within 

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

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

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

following address: 

Environmental Review Appeals Commission 

309 South Fourth Street, Room 222 

Columbus, OH 43215 

Chris Korleski, Director 

Ohio Environmental Protection Agency 

Issued at Columbus, Ohio this 2^ day of , ZOOF. 
State of Ohio 

Environmental Protection Agency 

Notice of Adoption of Rules 

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

Ohio Revised Code Section 3704.03 has: 

1. Adopted amendments to the following OAC rules: 3745-31-02, Requirements; 

3745-31-03, Permit to install exemptions; 3745-31-04, Applications; 3745-31-05, 

Criteria for decision by the director; 3745-31-07, Revocation; 3745-31-10, Air 

stationary source obligations; 3745-31-20, Attainment provisions - innovative 

control technology; 3745-31-22, Nonattainment provisions - conditions for 

approval; 3745-31-29, General permit to install; 3745-31-30, Clean unit; 3745-

31-31, Pollution control project; 3745-31-32, Plantwide applicability limit; and 

3745-31-33, Site preparation activities prior to obtaining a final permit to install. 

2. Rescinded the following existing OAC rules and adopted new OAC rules in their 

place: 3745-31-06, Termination (rescind); 3745-31-06, Completeness 

determinations, processing requirements, public participation, public notice and 

issuance (new); 3745-31-08, Procedure for decision by director (rescind); 3745-

31-08, Registration status permit-to-operate (new); 3745-31-09, Air permit to 

install completeness determinations, public participation and public notice 

(rescind); and 3745-31-09, Variance on operation (new). 

3. Adopted amendments to OAC rule 3745-15-03, Submission of emission 

information, which satisfies the requirements of Section 119.032 of the Ohio 

Revised Code (five-year review). 

4. Rescinded the following OAC rules: 3745-35-01, Definitions; 3745-35-02, 

Permits to operate; 3745-35-03, Variances; 3745-35-04, General policy; 3745-

35-05, Permit exemptions and registration status; 3745-35-06, Permits to 

operate for grain and feed processing operations and fertilizer mixing operations; 

3745-35-07, Federally enforceable limitations on potential to emit; and 3745-35-

08, Genera permit to operate. 

The amendments were proposed to implement the permit-to-install and operate (PTIO) 

program. The PTIO program combines the current permit-to-install (PTI) and permit-tooperate (PTO) programs. Rather than requiring a source to apply for a PTI, which is issued 

with both installation and operation terms, and then apply for a PTO within a year of 

construction, the new program requires one application for both a PTI and PTO and both 

installation and operation requirements will be issued under one document. 

Pursuant to Section 121.39 ofthe Ohio Revised Code, DAPC is required to consult with 

interested parties affected by the rules before the division formal adopts them. On March 

14,2007 these rules went out for a 30 day review by interested parties. Pursuant to Section 

119.03 ofthe Ohio Revised Code, a public hearing on these rule changes was conducted 

on August 10, 2007 in Columbus, Ohio. Comments were received and Ohio EPA's 

responses can be found in electronic form on our website at: 
http://www.epa.state.oh.us/dapc/page/whatsnew.html. (Check the information dated June 

2, 2008). The Director's order of adoption was issued on June 2, 2008. The effective date 

of these rules is June 30, 2008. 

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

agency files and records pertaining to the proceeding contact Jennifer Hunter, Ohio EPA, 

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

Ohio 43216-1049 or call Jennifer Hunter at 614-644-3696. The rule(s) are available on the 

Web page for electronic downloading. The URL is: 

http://www.epa.state.oh.us/dapc/regs/regs.html. 

This action of the Director is final and may be appealed to the Environmental Review 

Appeals Commission ("ERAC") pursuant to Section 3745.04 of the Ohio Revised Code. 

The appeal must be in writing and set forth the action complained of and the grounds upon 

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

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

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

(3) days of filing with ERAC. The appeal must be accompanied by a filing fee of $70.00 

which the Commission, in its discretion, may reduce if by affidavit you demonstrate that 

payment of the full amount of the fee would cause extreme hardship. Ohio EPA also 

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

of the Ohio Attorney General's Office. 
I DATE: 12/04/07 8:37 

State of Ohio 

Environmental Protection Agency 

Notice of Adoption of Rules 

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

Ohio Revised Code Section 3704.03 has adopted amended rules 3745-31-01, definitions 

applicable to new source review program, and 3745-77-01, definitions applicable to the 

Title V program, ofthe Ohio Administrative Code ("OAC"). 

The primary purpose ofthis rulemaking is to address recent changes in the corresponding 

federal regulations which affect how ethanol facilities are defined as a major source. 

Pursuant to Section 121.39 ofthe Ohio Revised Code, DAPC is required to consult with 

interested parties affected by the rules before the division formal adopts them. On October 

23, 2007, these rules went out for a 30 day review by interested parties. Pursuant to 

Section 119.03 of the Ohio Revised Code, a public hearing on these rule changes was 

conducted on August 10, 2007, in Columbus, Ohio. Comments were received during the 

public comment period but did result in changes to the rules proposed regarding ethanol 

facilities. The Director's order of adoption was issued on Tuesday, December 4,2007. The 

effective date of these rules is Friday, December 14, 2007. 

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

agency files and records pertaining to the proceeding contact Jennifer Hunter, Ohio EPA, 

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

Ohio 43216-1049 or call Jennifer Hunter at 614-644-3696. The rule(s) are 

available on the Web page for electronic downloading. The URL is: 

http://www.epa.state.oh.us/dapc/regs/regs.html. 

This action of the Director is final and may be appealed to the Environmental Review 

Appeals Commission ("ERAC") pursuant to Section 3745.04 of the Ohio Revised Code. 

The appeal must be in writing and set forth the action complained of and the grounds upon 

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

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

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

(3) days of filing with ERAC. The appeal must be accompanied by a filing fee of $70.00 

which the Commission, in its discretion, may reduce if by affidavit you demonstrate that 

payment of the full amount of the fee would cause extreme hardship. Ohio EPA also 

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

of the Ohio Attorney General's Office. 
Article III 

Copy of ORC 3704.02 and 

3704.03 

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Lawriter - ORC - 3704.03 Director of environmental protection - powers and duties. Page 1 of 10 

3704.03 Director of environmental protection - powers 

and duties. 

The director of environmental protection may do any of the following: 

(A) Develop programs for the prevention, control, and abatement of air pollution; 

(B) Advise, consult, contract, and cooperate with any governmental or private agency in the 

furtherance of the purposes of this chapter; 

(C) Encourage, participate in, or conduct studies, investigations, and research relating to air pollution, 

collect and disseminate information, and conduct education and training programs relating to the 

causes, prevention, control, and abatement of air pollution; 

(D) Adopt, modify, and rescind rules prescribing ambient air quality standards for the state as a whole 

or for various areas of the state that are consistent with and no more stringent than the national 

ambient air quality standards in effect under the federal Clean Air Act; 

(E) Adopt, modify, suspend, and rescind rules for the prevention, control, and abatement of air 

pollution, including rules prescribing for the state as a whole or for various areas of the state emission 

standards for air contaminants, and other necessary rules for the purpose of achieving and maintaining 

compliance with ambient air quality standards in all areas within the state as expeditiously as 

practicable, but not later than any deadlines applicable under the federal Clean Air Act; rules for the 

prevention or control of the emission of hazardous or toxic air contaminants; rules prescribing fugitive 

dust limitations and standards that are related, on an areawide basis, to attainment and maintenance 

of ambient air quality standards; rules prescribing shade, density, or opacity limitations and standards 

for emissions, provided that with regard to air contaminant sources for which there are particulate 

matter emission standards in addition to a shade, density, or opacity rule, upon demonstration by such 

a source of compliance with those other standards, the shade, density, or opacity rule shall provide for 

establishment of a shade, density, or opacity limitation for that source that does not require the source 

to reduce emissions below the level specified by those other standards; rules for the prevention or 

control of odors and air pollution nuisances; rules that prevent significant deterioration of air quality to 

the extent required by the federal Clean Air Act; rules for the protection of visibility as required by the 

federal Clean Air Act; and rules prescribing open burning limitations and standards. In adopting, 

modifying, suspending, or rescinding any such rules, the director, to the extent consistent with the 

federal Clean Air Act, shall hear and give consideration to evidence relating to all of the following: 

(1) Conditions calculated to result from compliance with the rules, the overall cost within this state of 

compliance with the rules, and their relation to benefits to the people of the state to be derived from 

that compliance; 

(2) The quantity and characteristics of air contaminants, the frequency and duration of their presence 

in the ambient air, and the dispersion and dilution of those contaminants; 

(3) Topography, prevailing wind directions and velocities, physical conditions, and other factors that 

may or may combine to affect air pollution. 

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Consistent with division (K) of section 3704.036 of the Revised Code, the director shall consider 

alternative emission limits proposed by the owner or operator of an air contaminant source that is 

subject to an emission limit established in rules adopted under this division and shall accept those 

alternative emission limits that the director determines to be equivalent to emission limits established 

in rules adopted under this division. 

(F)(1) Adopt, modify, suspend, and rescind rules consistent with the purposes of this chapter 

prohibiting the location, installation, construction, or modification of any air contaminant source or any 

machine, equipment, device, apparatus, or physical facility intended primarily to prevent or control the 

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

or the director's authorized representative. 

(2) Applications for installation permits shall be accompanied by plans, specifications, construction 

schedules, and such other pertinent information and data, including data on ambient air quality impact 

and a demonstration of best available technology, as the director may require. Installation permits 

shall be issued for a period specified by the director and are transferable. The director shall specify in 

each permit the applicable emission standards and that the permit is conditioned upon payment of the 

applicable fees as required by section 3745.11 of the Revised Code and upon the right of the director's 

authorized representatives to enter upon the premises of the person to whom the permit has been 

issued, at any reasonable time and subject to safety requirements of the person in control of the 

premises, for the purpose of determining compliance with such standards, this chapter, the rules 

adopted thereunder, and the conditions of any permit, variance, or order issued thereunder. Each 

proposed new or modified air contaminant source shall provide such notice of its proposed installation 

or modification to other states as is required under the federal Clean Air Act. Installation permits shall 

include the authorization to operate sources installed and operated in accordance with terms and 

conditions of the installation permits for a period not to exceed one year from commencement of 

operation, which authorization shall constitute an operating permit under division (G) of this section 

and rules adopted under it. 

No installation permit shall be required for activities that are subject to and in compliance with a plantwide applicability limit issued by the director in accordance with rules adopted under this section. 

No installation permit shall be issued except in accordance with all requirements of this chapter and 

rules adopted thereunder. No application shall be denied or permit revoked or modified without a 

written order stating the findings upon which denial, revocation, or modification is based. A copy ofthe 

order shall be sent to the applicant or permit holder by certified mail. 

(3) Not later than two years after the effective date of this amendment, the director shall adopt a rule 

in accordance with Chapter 119. of the Revised Code specifying that a permit to install is required only 

for new or modified air contaminant sources that emit any of the following air contaminants: 

(a) An air contaminant or precursor of an air contaminant for which a national ambient air quality 

standard has been adopted under the federal Clean Air Act; 

(b) An air contaminant for which the air contaminant source is regulated under the federal Clean Air 

Act; 

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(c) An air contaminant that presents, or may present, through inhalation or other routes of exposure, a 

threat of adverse human health effects, including, but not limited to, substances that are known to be, 

or may reasonably be anticipated to be, carcinogenic, mutagenic, teratogenic, or neurotoxic, that 

cause reproductive dysfunction, or that are acutely or chronically toxic, or a threat of adverse 

environmental effects whether through ambient concentrations, bioaccumulation, deposition, or 

otherwise, and that is identified in the rule by chemical name and chemical abstract service number. 

The director may modify the rule adopted under division (F)(3)(c) of this section for the purpose of 

adding or deleting air contaminants. For each air contaminant that is contained in or deleted from the 

rule adopted under division (F)(3)(c) ofthis section, the director shall include in a notice accompanying 

any proposed or final rule an explanation of the director's determination that the air contaminant 

meets the criteria established in that division and should be added to, or no longer meets the criteria 

and should be deleted from, the list of air contaminants. The explanation shall include an identification 

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

rule under division (F)(3)(c) of this section, nothing shall affect the director's authority to issue, deny, 

modify, or revoke permits to install under this chapter and rules adopted under it. 

(4)(a) Applications for permits to install new or modified air contaminant sources shall contain 

sufficient information regarding air contaminants for which the director may require a permit to install 

to determine conformity with the environmental protection agency's document entitled "Review of New 

Sources of Air Toxics Emissions, Option A," dated May 1986, which the director shall use to evaluate 

toxic emissions from new or modified air contaminant sources. The director shall make copies of the 

document available to the public upon request at no cost and post the document on the environmental 

protection agency's web site. Any inconsistency between the document and division (F)(4) of this 

section shall be resolved in favor of division (F)(4) of this section. 

(b) The maximum acceptable ground level concentration of an air contaminant shall be calculated in 

accordance with the document entitled "Review of New Sources of Air Toxics Emissions, Option A." 

Modeling shall be conducted to determine the increase in the ground level concentration of an air 

contaminant beyond the facility's boundary caused by the emissions from a new or modified source 

that is the subject of an application for a permit to install. Modeling shall be based on the maximum 

hourly rate of emissions from the source using information including, but not limited to, any emission 

control devices or methods, operational restrictions, stack parameters, and emission dispersion devices 

or methods that may affect ground level concentrations, either individually or in combination. The 

director shall determine whether the activities for which a permit to install is sought will cause an 

increase in the ground level concentration of one or more relevant air contaminants beyond the 

facility's boundary by an amount in excess of the maximum acceptable ground level concentration. In 

making the determination as to whether the maximum acceptable ground level concentration will be 

exceeded, the director shall give consideration to the modeling conducted under division (F)(4)(b) of 

this section and other relevant information submitted by the applicant. 

(c) If the modeling conducted under division (F)(4)(b) of this section with respect to an application for 

a permit to install demonstrates that the maximum ground level concentration from a new or modified 

source will be greater than or equal to eighty per cent, but less than one hundred per cent of the 

maximum acceptable ground level concentration for an air contaminant, the director may establish 

terms and conditions in the permit to install for the air contaminant source that will require the owner 

or operator of the air contaminant source to maintain emissions of that air contaminant commensurate 

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with the modeled level, which shall be expressed as allowable emissions per day. In order to calculate 

the allowable emissions per day, the director shall multiply the hourly emission rate modeled under 

division (F)(4)(b) of this section to determine the ground level concentration by the operating schedule 

that has been identified in the permit to install application. Terms and conditions imposed under 

division (F)(4)(c) of this section are not federally enforceable requirements and, if included in a Title V 

permit, shall be placed in the portion of the permit that is only enforceable by the state. 

(d) If the modeling conducted under division (F)(4)(b) of this section with respect to an application for 

a permit to install demonstrates that the maximum ground level concentration from a new or modified 

source will be less than eighty per cent of the maximum acceptable ground level concentration, the 

owner or operator of the source annually shall report to the director, on a form prescribed by the 

director, whether operations ofthe source are consistent with the information regarding the operations 

that was used to conduct the modeling with regard to the permit to install application. The annual 

report to the director shall be in lieu of an emission limit or other permit terms and conditions imposed 

pursuant to division (F)(4) ofthis section. The director may consider any significant departure from the 

operations of the source described in the permit to install application that results in greater emissions 

than the emissions rate modeled to determine the ground level concentration as a modification and 

require the owner or operator to submit a permit to install application for the increased emissions. The 

requirements established in division (F)(4)(d) ofthis section are not federally enforceable requirements 

and, if included in a Title V permit, shall be placed in the portion ofthe permit that is only enforceable 

by the state. 

(e) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics 

Emissions, Option A" shall not be included in the state implementation plan under section 110 of the 

federal Clean Air Act and do not apply to an air contaminant source that is subject to a maximum 

achievable control technology standard or residual risk standard under section 112 of the federal Clean 

Air Act, to a particular air contaminant identified under 40 C.F.R. 51.166, division (b)(23), for which 

the director has determined that the owner or operator of the source is required to install best 

available control technology for that particular air contaminant, or to a particular air contaminant for 

which the director has determined that the source is required to meet the lowest achievable emission 

rate, as defined in 40 C.F.R. part 51, Appendix S, for that particular air contaminant. 

(f) (i) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics 

Emissions, Option A" do not apply to parking lots, storage piles, storage tanks, transfer operations, 

grain silos, grain dryers, emergency generators, gasoline dispensing operations, air contaminant 

sources that emit air contaminants solely from the combustion of fossil fuels, or the emission of wood 

dust, sand, glass dust, coal dust, silica, and grain dust. 

(ii) Notwithstanding division (F)(4)(f)(i) of this section, the director may require an individual air 

contaminant source that is within one of the source categories identified in division (F)(4)(f)(i) of this 

section to submit information in an application for a permit to install a new or modified source in order 

to determine the source's conformity to the document if the director has information to conclude that 

the particular new or modified source will potentially cause an increase in ground level concentration 

beyond the facility's boundary that exceeds the maximum acceptable ground level concentration as set 

forth in the document. 

(iii) The director may adopt rules in accordance with Chapter 119. of the Revised Code that are 

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consistent with the purposes of this chapter and that add to or delete from the source category 

exemptions established in division (F)(4)(f)(i) of this section. 

(5) Not later than one year after the effective date of this amendment, the director shall adopt rules in 

accordance with Chapter 119. of the Revised Code specifying activities that do not, by themselves, 

constitute beginning actual construction activities related to the installation or modification of an air 

contaminant source for which a permit to install is required such as the grading and clearing of land, 

on-site storage of portable parts and equipment, and the construction of foundations or buildings that 

do not themselves emit air contaminants. The rules also shall allow specified initial activities that are 

part of the installation or modification of an air contaminant source, such as the installation of 

electrical and other utilities for the source, prior to issuance of a permit to install, provided that the 

owner or operator of the source has filed a complete application for a permit to install, the director or 

the director's designee has determined that the application is complete, and the owner or operator of 

the source has notified the director that this activity will be undertaken prior to the issuance of a 

permit to install. Any activity that is undertaken by the source under those rules shall be at the risk of 

the owner or operator. The rules shall not apply to activities that are precluded prior to permit issuance 

under section 111, section 112, Part C of Title I, and Part D of Title I of the federal Clean Air Act. 

(G) Adopt, modify, suspend, and rescind rules prohibiting the operation or other use of any new, 

modified, or existing air contaminant source unless an operating permit has been obtained from the 

director or the director's authorized representative, or the air contaminant source is being operated in 

compliance with the conditions of a variance issued pursuant to division (H) of this section. 

Applications for operating permits shall be accompanied by such plans, specifications, and other 

pertinent information as the director may require. Operating permits may be issued for a period 

determined by the director not to exceed five years, are renewable, and are transferable. The director 

shall specify in each operating permit that the permit is conditioned upon payment of the applicable 

fees as required by section 3745.11 ofthe Revised Code and upon the right ofthe director's authorized 

representatives to enter upon the premises of the person to whom the permit has been issued, at any 

reasonable time and subject to safety requirements of the person in control of the premises, for the 

purpose of determining compliance with this chapter, the rules adopted thereunder, and the conditions 

of any permit, variance, or order issued thereunder. Operating permits may be denied or revoked for 

failure to comply with this chapter or the rules adopted thereunder. An operating permit shall be 

issued only upon a showing satisfactory to the director or the director's representative that the air 

contaminant source is being operated in compliance with applicable emission standards and other rules 

or upon submission of a schedule of compliance satisfactory to the director for a source that is not in 

compliance with all applicable requirements at the time of permit issuance, provided that the 

compliance schedule shall be consistent with and at least as stringent as that contained in any judicial 

consent decree or administrative order to which the air contaminant source is subject. The rules shall 

provide for the issuance of conditional operating permits for such reasonable periods as the director 

may determine to allow the holder of an installation permit, who has constructed, installed, located, or 

modified a new air contaminant source in accordance with the provisions of an installation permit, to 

make adjustments or modifications necessary to enable the new air contaminant source to comply with 

applicable emission standards and other rules. Terms and conditions of operating permits issued 

pursuant to this division shall be federally enforceable for the purpose of establishing the potential to 

emit of a stationary source and shall be expressly designated as federally enforceable. Any such 

federally enforceable restrictions on a source's potential to emit shall include both an annual limit and 

a short-term limit of not more than thirty days for each pollutant to be restricted together with 

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adequate methods for establishing compliance with the restrictions. In other respects, operating 

permits issued pursuant to this division are enforceable as state law only. No application shall be 

denied or permit revoked or modified without a written order stating the findings upon which denial, 

revocation, or modification is based. A copy of the order shall be sent to the applicant or permit holder 

by certified mail. 

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

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

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

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

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

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

maintenance of ambient air quality standards; 

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

for which variances may be issued; 

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

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

because of conditions beyond the control of the applicant; 

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

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

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

federal Clean Air Act. 

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

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

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

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

appropriate and reasonable to prevent, control, or abate the person's existing emissions of air 

contaminants. The director shall specify in each variance that the variance is conditioned upon 

payment ofthe applicable fees as required by section 3745.11 ofthe Revised Code and upon the right 

of the director's authorized representatives to enter upon the premises of the person to whom the 

variance has been issued, at any reasonable time and subject to safety requirements of the person in 

control of the premises, for the purpose of determining compliance with this chapter, the rules adopted 

thereunder, and the conditions of any permit, variance, or order issued thereunder. 

The director may hold a public hearing on an application for a variance or renewal thereof at a location 

in the county where the variance is sought. The director shall give not less than twenty days' notice of 

the hearing to the applicant by certified mail and cause at least one publication of notice in a 

newspaper with general circulation in the county where the variance is sought. The director shall keep 

available for public inspection at the principal office of the environmental protection agency a current 

schedule of pending applications for variances and a current schedule of pending variance hearings. 

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The director shall make a complete stenographic record of testimony and other evidence submitted at 

the hearing. The director shall make a written determination to issue, renew, or deny the variance and 

shall enter the determination and the basis therefor into the record of the hearing. The director shall 

issue, renew, or deny an application for a variance or renewal thereof, or issue a proposed action upon 

the application pursuant to section 3745.07 of the Revised Code, within six months of the date upon 

which the director receives a complete application with all pertinent information and data required by 

the director. 

Any variance granted pursuant to rules adopted under this division shall be for a period specified by 

the director, not to exceed three years, and may be renewed from time to time on such terms and for 

such periods, not to exceed three years each, as the director determines to be appropriate. A variance 

may be revoked, or renewal denied, for failure to comply with conditions specified in the variance. No 

variance shall be issued, denied, revoked, or modified without a written order stating the findings upon 

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

the applicant or variance holder by certified mail. 

(I) Require the owner or operator of an air contaminant source to install, employ, maintain, and 

operate such emissions, ambient air quality, meteorological, or other monitoring devices or methods as 

the director shall prescribe; to sample those emissions at such locations, at such intervals, and in such 

manner as the director prescribes; to maintain records and file periodic reports with the director 

containing information as to location, size, and height of emission outlets, rate, duration, and 

composition of emissions, and any other pertinent information the director prescribes; and to provide 

such written notice to other states as the director shall prescribe. In requiring monitoring devices, 

records, and reports, the director, to the extent consistent with the federal Clean Air Act, shall give 

consideration to technical feasibility and economic reasonableness and allow reasonable time for 

compliance. For sources where a specific monitoring, record-keeping, or reporting requirement is 

specified for a particular air contaminant from a particular air contaminant source in an applicable 

regulation adopted by the United States environmental protection agency under the federal Clean Air 

Act or in an applicable rule adopted by the director, the director shall not impose an additional 

requirement in a permit that is a different monitoring, record-keeping, or reporting requirement other 

than the requirement specified in the applicable regulation or rule for that air contaminant except as 

otherwise agreed to by the owner or operator of the air contaminant source and the director. If two or 

more regulations or rules impose different monitoring, record-keeping, or reporting requirements for 

the same air contaminant from the same air contaminant source, the director may impose permit 

terms and conditions that consolidate or streamline the monitoring, record-keeping, or reporting 

requirements in a manner that conforms with each applicable requirement. To the extent consistent 

with the federal Clean Air Act and except as otherwise agreed to by the owner or operator of an air 

contaminant source and the director, the director shall not require an operating restriction that has the 

practical effect of increasing the stringency of an existing applicable emission limitation or standard. 

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

pollution and enter into contracts with any public or private agency for the establishment, operation, or 

maintenance of such stations and devices; 

(K) By rule adopt procedures for giving reasonable public notice and conducting public hearings on any 

plans for the prevention, control, and abatement of air pollution that the director is required to submit 

to the federal government; 

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(L) Through any employee, agent, or authorized representative of the director or the environmental 

protection agency, enter upon private or public property, including improvements thereon, at any 

reasonable time, to make inspections, take samples, conduct tests, and examine records or reports 

pertaining to any emission of air contaminants and any monitoring equipment or methods and to 

determine if there are any actual or potential emissions from such premises and, if so, to determine 

the sources, amounts, contents, and extent of those emissions, or to ascertain whether there is 

compliance with this chapter, any orders issued or rules adopted thereunder, or any other 

determination of the director. The director, at reasonable times, may have access to and copy any 

such records. If entry or inspection authorized by this division is refused, hindered, or thwarted, the 

director or the director's authorized representative may by affidavit apply for, and any judge of a court 

of record may issue, an appropriate inspection warrant necessary to achieve the purposes of this 

chapter within the court's territorial jurisdiction. 

(M) Accept and administer gifts or grants from the federal government and from any other source, 

public or private, for carrying out any of the functions under this chapter; 

(N) Obtain necessary scientific, technical, and laboratory services; 

(0) Establish advisory boards in accordance with section 121.13 ofthe Revised Code; 

(P) Delegate to any city or general health district or political subdivision of the state any of the 

director's enforcement and monitoring powers and duties, other than rule-making powers, as the 

director elects to delegate, and in addition employ, compensate, and prescribe the powers and duties 

of such officers, employees, and consultants as are necessary to enable the director to exercise the 

authority and perform duties imposed upon the director by law. Technical and other services shall be 

performed, insofar as practical, by personnel ofthe environmental protection agency. 

(Q) Certify to the government of the United States or any agency thereof that an industrial air 

pollution facility is in conformity with the state program or requirements for control of air pollution 

whenever such certificate is required for a taxpayer pursuant to any federal law or requirements; 

(R) Issue, modify, or revoke orders requiring abatement of or prohibiting emissions that violate 

applicable emission standards or other requirements of this chapter and rules adopted thereunder, or 

requiring emission control devices or measures in order to comply with applicable emission standards 

or other requirements of this chapter and rules adopted thereunder. Any such order shall require 

compliance with applicable emission standards by a specified date and shall not conflict with any 

requirement of the federal Clean Air Act. In the making of such orders, the director, to the extent 

consistent with the federal Clean Air Act, shall give consideration to, and base the determination on, 

evidence relating to the technical feasibility and economic reasonableness of compliance with such 

orders and their relation to benefits to the people of the state to be derived from such compliance. If, 

under the federal Clean Air Act, any such order shall provide for the posting of a bond or surety to 

secure compliance with the order as a condition of issuance of the order, the order shall so provide, 

but only to the extent required by the federal Clean Air Act. 

(S) To the extent provided by the federal Clean Air Act, adopt, modify, and rescind rules providing for 

the administrative assessment and collection of monetary penalties, not in excess of those required 

pursuant to the federal Clean Air Act, for failure to comply with any emission limitation or standard, 

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compliance schedule, or other requirement of any rule, order, permit, or variance issued or adopted 

under this chapter or required under the applicable implementation plan whether or not the source is 

subject to a federal or state consent decree. The director may require the submission of compliance 

schedules, calculations of penalties for noncompliance, and related information. Any orders, payments, 

sanctions, or other requirements imposed pursuant to rules adopted under this division shall be in 

addition to any other permits, orders, payments, sanctions, or other requirements established under 

this chapter and shall not affect any civil or criminal enforcement proceedings brought under any 

provision of this chapter or any other provision of state or local law. This division does not apply to any 

requirement of this chapter regarding the prevention or abatement of odors. 

(T) Require new or modified air contaminant sources to install best available technology, but only in 

accordance with this division. With respect to permits issued pursuant to division (F) of this section 

beginning three years after the effective date of this amendment, best available technology for air 

contaminant sources and air contaminants emitted by those sources that are subject to standards 

adopted under section 112, Part C of Title I, and Part D of Title I of the federal Clean Air Act shall be 

equivalent to and no more stringent than those standards. For an air contaminant or precursor of an 

air contaminant for which a national ambient air quality standard has been adopted under the federal 

Clean Air Act, best available technology only shall be required to the extent required by rules adopted 

under Chapter 119. of the Revised Code for permit to install applications filed three or more years after 

the effective date of this amendment. 

Best available technology requirements established in rules adopted under this division shall be 

expressed only in one of the following ways that is most appropriate for the applicable source or source 

categories: 

(1) Work practices; 

(2) Source design characteristics or design efficiency of applicable air contaminant control devices; 

(3) Raw material specifications or throughput limitations averaged over a twelve-month rolling period; 

(4) Monthly allowable emissions averaged over a twelve-month rolling period. 

Best available technology requirements shall not apply to an air contaminant source that has the 

potential to emit, taking into account air pollution controls installed on the source, less than ten tons 

per year of emissions of an air contaminant or precursor of an air contaminant for which a national 

ambient air quality standard has been adopted under the federal Clean Air Act. In addition, best 

available technology requirements established in rules adopted under this division shall not apply to 

any existing, new, or modified air contaminant source that is subject to a plant-wide applicability limit 

that has been approved by the director. Further, best available technology requirements established in 

rules adopted under this division shall not apply to general permits issued prior to January 1, 2006, 

under rules adopted under this chapter. 

For permits to install issued three or more years after the effective date of this amendment, any new 

or modified air contaminant source that has the potential to emit, taking into account air pollution 

controls installed on the source, ten or more tons per year of volatile organic compounds or nitrogen 

oxides shall meet, at a minimum, the requirements of any applicable reasonably available control 

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technology rule in effect as of January 1, 2006, regardless ofthe location ofthe source. 

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

for the establishment of a small business stationary source technical and environmental compliance 

assistance program as provided in section 3704.18 ofthe Revised Code; 

(V) Provide for emissions trading, marketable permits, auctions of emission rights, and economic 

incentives that would reduce the cost or increase the efficiency of achieving a specified level of 

environmental protection; 

(W) Provide for the construction of an air contaminant source prior to obtaining a permit to install 

pursuant to division (F) of this section if the applicant demonstrates that the source will be installed to 

comply with all applicable emission limits and will not adversely affect public health or safety or the 

environment and if the director determines that such an action will avoid an unreasonable hardship on 

the owner or operator of the source. Any such determination shall be consistent with the federal Clean 

Air Act. 

(X) Exercise all incidental powers, including adoption of rules, required to carry out this chapter. 

The environmental protection agency shall develop a plan to control air pollution resulting from stateoperated facilities and property. 

Effective Date: 10-29-1993; 08-03-2006 

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Lawriter - ORC - 3704.02 Purposes of chapter - construction of provisions. Page 1 of 1 

3704.02 Purposes of chapter - construction of provisions. 

(A) The purposes of this chapter are the following: 

(1) To protect and enhance the quality of the state's air resources so as to promote the public health, 

welfare, economic vitality, and productive capacity of the people of the state; 

(2) To enable the state, through the director of environmental protection, to adopt and maintain a 

program for the prevention, control, and abatement of air pollution that is consistent with the federal 

Clean Air Act; 

(3) To authorize the state to obtain financial assistance and delegation of powers from the federal 

government for purposes of the prevention, control, and abatement of air pollution. 

(B) This chapter, all rules adopted under it, and all permits, variances, and orders issued under it shall 

be construed, to the extent reasonably possible, to be consistent with the federal Clean Air Act and to 

promote the purposes of this chapter. 

Effective Date: 10-29-1993 

7/2/2008