.iohn R. Kasich, Governor MaryTaylor, Lt. Governor CraigW. Butler, Director 

## !J\JN 19**2~\4**

Ms. Susan Hedman Regional Administrator U.S. EPA Region V 

### 77 W. Jackson Blvd. Chicago, 

### IL 60604 

### Re: Request for Acceptance of Ohio Administrative Code (OAC) Chapter 3745-31 

### Rule Changes into Ohio's State Implementation Plan (SIP) Dear Ms. Hedman: On May 19, 2014, Ohio EPA adopted amended, new and rescinded rules in Ohio Administrative Code (OAC) Chapter3745-31. The rules will be effective atthe state level on May29, 2014. A draftofthis packagewas submittedto U.S. EPAon May6, 2014with a requestfor parallel processing. No changesto the rules have occurred betweenthatdraft and this final package. The changes to these rules are intended to address general changes to USEPA's PSD/NSR regulations, address specific deficiencies identified by USEPAwhich USEPA has alreadyfinalized action on, and address any applicable Clean AirActsection 110(a)(1)and (2) "infrastructure SIP" requirementsforwhich U.S. EPA has yet to take final action. This letter serves as Ohio EPA's request to U.S. EPA to accept these amended, newand rescinded rules as amendmentsto Ohio'sstate implementation plan (SIP). The rules submitted with this letter include language incorporating EPA requirements for implementation ofthe NewSource Review (NSR) programforfine particulate matter(that is, particleswith an aerodynamicdiameterlessthanorequalto a nominal2.5 micrometers, generally referred to as "PM 2.5"), promulgated on May 16, 2008, as well as U.S. EPA's requirements for establishing increments, significant impact levels, and a significant monitoring concentration forfine particulate pollution, promulgated on October20, 2010. As afullyapproved NSR program, Ohio EPAwas required to incorporate U.S. EPA's rules, or a version at least as stringent as U.S. EPA's rules, within three years of their promulgation. Additionally, Ohio EPA is also incorporating changes in OAC Chapter3745-31 notdirectly related to U.S. EPA's PM2.5 NSRimplementationfinal rule. Thesesecond set ofchanges contain a host of revisions, including; adding or clarifying requirements to address InfrastructureState Implementation Plan (SIP) deficiencies identified by U.S. EPA (77 FR 65478), revising and adding definitions, adding federal land manager notification

50 WestTown Street o Suite 700 • P.O. Box 1049 "'Columbus, OH 43216-1049 www.epa.ohio.gov • (614) 644-3020 • (614) 644-3184 (fax)requirements and incorporating minor organizational ortypographical changes. Atthistime, Ohio EPA is requesting U.S. EPAapproval ofthese changesforincorporation into the SIP with the following exceptions: 1) Paragraph (I) ofOAC rule 3745-31-01 2) Paragraph (SSS) of OAC rule 3745-31-01 3) Paragraph (H)(1)(c) ofOAC rule 3745-31-13 4) Paragraph (C) of OAC rule 3745-31-16 Thefollowing documents are attached foryour consideration perthe requirements of40 CFR Part 51, Appendix V: This lettershould meetthe requirements in 40 CFR Part 51, AppendixV, Section 2.1 (a): a "formal letterofsubmittal from the Governoror his designee, requesting EPA approval of the plan or revision". Article One addresses the following two requirements: 40 CFR Part 51, Appendix V, Section 2.1(b) Evidencethatthe State hasadopted the plan in the State codeorbodyofregulations; or issued the permit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date of adoption or final issuance as well as the effective date ofthe plan, ifdifferentfrom the adoption/issuance date. 40 CFR Part 51, Appendix V, Section 2.1 (d) A copyofthe actual regulation, ordocumentsubmittedforapproval and incorporation by reference into the plan, including indication ofthe changes rnade to the existing approved plan, where applicable. The submittal shall be a copy ofthe official State regulation /document signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. Certified copies ofthe 29 rules, in redline and strikeout, are being submitted forapproval and incorporation by reference intothe plan. The copies are included as evidencethatthe State has adopted the body of regulations in final form. This submittal includes copies of the official State regulations signed, stamped, and dated bythe appropriate State official indicatingthattheyarefully enforceable bythe State. The effective dateofeach regulation is indicated in the document itself. Please considerthat Ohio has an electronic rule filing system and all certifications/signatures of regulations are done electronically.IIIIIIIIIIII

IIIIIIIIIIII

### Article Two addresses the following requirement: Copies of the public notice of adoption and Director's Findings 

### & Orders have been included asevidence ofthe dateofadoption aswell as the effective date ofthe regulations and evidence that public notice was given of the proposed changes consistent with procedures approved by EPA, including the date of publication ofsuch notice. Requirements of40 CFR Part 51, Appendix V, Section 2.1(c): Evidence that the State has the necessary legal authority under State lawto adopt and implementthe plan. Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) ofSection 3704.03 ofthe Ohio Revised Code (ORC) to enactthese rules. Copiesofthesesectionsof the ORC can be provided upon request. Article Three addresses the following requirements: 40 CFR Part 51, Appendix V, Section 2.1(e) Evidencethatthe Statefollowed all ofthe procedural requirements oftheState's laws and constitution in conducting and completing the adoption/issuance ofthe plan. 40 CFR Part 51, Appendix V, Section 2.1 

### (f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication ofsuch notice. Ohio EPA has included a narrative and several attachments as evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. Article Four 40 CFR Part 51, Appendix V, Section 2.1 (g) Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. A copy ofthe transcript from the public hearing has been provided as certification that a public hearing was held in accordance with the information provided in the public notice and the State's laws and constitution, ifapplicable. Article Five 40 CFR Part 51, Appendix V, Section 2.1 (h)

### Compilation of public comments and the State's response thereto. Copies of the Response to Comments documents for both the draft language and proposed language comment periods are attached. Ohio EPA asks that the above mentioned rules be accepted as revisions to Ohio's SIP. Ohio EPAwill also provide U.S. EPA an exactduplicate electronicversion ofthissubmittal. Details aboutwhere to accessthe electronic copywill be provided in asubsequent e-mail message. Please contact Bob Hodanbosi, 614-644-3585 if you have any questions about this submittal. Sincerely,

# ~~~\f:-_. Craig W. Butler Director, Ohio Environmental Protection Agency

cc: Bob Hodanbosi, Chief Division ofAir Pollution Control Attachment

# Article I Certified Copy of Rules3745-31-01 Definitions.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see paragraph (LLLLLLl ofthis rule titledthe "Irteerperatiellll)'Rerere11ee"referenced materials." seetie11 attHe e11a eftfiisrule.] (A) Except as otherwise provided in this rule, the definitions in rules 3745-15-01 and 3745-21-01 ofthe Administrative Code shall apply to this chapter. (B) "Acid rain program" means the program contained within Title IV ofthe Clean Air Act. (C) "Actual emissions" means the actual rate ofemissions ofa 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 PAL under rule 3745-31-33 ofthe Administrative Code. (1) Actual emissions as ofaparticulardate 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 ofnormal emissions unit operation. The director shall allow the use ofa different time period upon a determination that it is more representative ofnormal 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 equivalentto the actual emissions ofthe 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 ofthe emissions unit on thatdate. (D) "Actuals PAL" for a major stationary source means a PAL based on the baseline actual emissions ofall emissions units at the source that emit or have the potential to emitthe PALpollutant. (E) "Adhesive" means any substance thatis usedto bond one surface to another surface. (F) "Administrative modification" means a change to a permit to install or a PTIO that does notmeetthe definition ofamodificationunderthis rule.3745-31-01 2

(G) "Affected sources" shall have the meaning given to it in the regulations promulgated under Title IV ofthe Clean AirAct. (H) "Air contaminant" means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor or odorous substances, or any combinationthereof. (I) "Air contaminant source," for tbe 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: (I) An air contaminant or precursor of an air contaminant for which a national ambient air quality standardhas beenadoptedundertbe Clean AirAct. (2) An air contaminantfor whichthe source is regulated underthe Clean AirAct. (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 ormodifications), all ofwhichresults 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 ofthe 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 tbe operating rate or hours ofoperation, orboth), and the most stringent ofthe following: (1)The applicable standards as set forth in 40 CFRParts 60, 61 and 63; or (2) The applicable Ohio state implementation plan emission limitation, including those with afuture compliance date; or (3) The emission rate by a permit condition that is federally enforceable or legally and practically enforceable by tbe state, including those with a future compliance date. (L) "Applicable laws" means any applicable provisions ofChapters 3704. and 3745. of the Revised Code; rules, regulations, and orders of the Ohio environmental protection agency, the CleanAir Act; and rules and regulations ofthe administrator

### 3745-31-01 3



### ofthe United States environmental protection agency (including any Ohio rule. law. or provision of the Ohio state implementation plan that has been approved or promulgatedby the United States environmentalprotection agency.). (M) "Auto bodyrefinishing facility" means a facility engaged primarilyin collisionrepair and refinishing of automobiles and light Eltity 

### trucks. Automobile paint-only and customizing facilities, which are engaged in repainting used motor vehicles and light Eltit)· 

### trucks, but do not perform collisionrepair work, are also included inthis 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 ofthe Administrative Code, are also includedin this definition. (N) "Available information" means, for purposes of identifying control technology options for a major MACT source, information contained in the following information sources as ofthe date oftheMACT determination by the director: (1) Arelevantproposedregulation, including all supporting**documentation;-~** 

### (2) Background information documents for a draft orproposed**regulation;-~** 

### (3) Data and information available from the "Control Technology Center" developed pursuantto Section 113 ofthe CleanAir**Act;-~** 

### ( 4) Data and information contained in the "Aerometric Informational Retrieval System" including information in the MACT**database;-~** 

### (5) Any additional information that can be expeditiously provided by the**administrator;--tllffi~** 

### (6) Any additional information provided by the applicant or others, and any additional information considered availableby the director. (0) 

### "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, atwhichthe unit actually emittedthe 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 constmction of the NSR project. The director shall allow the use of a different time period upon a determination that it is more representative ofnormal source operation.3745-31-01 4



### (a) The average rate shall include fugitive em1sswns 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 consecutivetwenty-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 canbe used for each regulatedNSRpollutant. (d) The averagerate shall notbebased on any consecutive twenty-four-month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired by paragraph (O)(l)(b) ofthis 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 immediatelypreceding eitherthe date the owner or operatorbegins actual construction ofthe NSR 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 thanNovember 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 consecutivetwenty-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 major3745-31-01 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 ofa MACT standard that the administrator proposed or promulgated under 40 CPR Part 63, the baseline actual emissions need only be adjusted ifthe 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 eachregulatedNSRpollutant. (e) The average rate shall notbebased on any consecutive twenty-four-month period for which there is inadequate infonnation for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired 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 ofsuchunit shall equal zero ifthe operation ofthe new emissions unit has not yet begun, or shall equal the unit's potential to emit ifoperation ofthe new emissions unithas begun. (4) For a PAL for a major stationary source, the baseline actual emissions shall be calcn1ated 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) ofthis rule, and for a new emissions unit in accordance with theprocedures contained inparagraph (0)(3) ofthis rule. (P) "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section I07(d) ofthe Clean Air Actin which the major stationary source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established. as follows: equal to or greater than one microgram per cubic meter (annual average) for sulfur dioxide. nitrogen dioxide or PM1 0: or equal to or greater than 0.3 microgram percubic meter for PM2.5. ef.tfte airflelltltaat ferwhiehthe fHiRer setR'ee easeliRe Elate is estaelishea. Any baseline area established originally for the TSP increments shall remain in3745-31-01 6

effect and shall apply for pnrposes ofdetennining the amount ofavailable PMlO increments, except that such baseline area shall not remain in effect ifthe permit authority rescinds the corresponding minor source baseline date in accordance with paragraph (000)(4) (QQQ)(5)ofthisrule. Area redesignations under Section 107(d) ofthe Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that: (1) Establishes a minor sourcebaseline 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 ofthe 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) ofthis rule; (2) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation bythe applicable minor source baseline date. (3) The following will not be included in the baseline concentration and will affect the applicable maximum allowable inerease(s) increase: (a) Actual emissions, as defined in this rule, from any major stationary source on which constructioncommenced after the major source baseline date; and (b) Actual emissions increases and decreases, as defined in this rule, at any stationary sourceoccurring afterthe minor sourcebaseline date. (R) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an air contaminant source projectthat are ofapermanent nature. Activities that are considered to be included and excluded from this definition are further identifiedin rule 3745-31-33 ofthe 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 ofreduction for eachregulatedNSRpollutant which wouldbe 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 BACT resultin emissions ofany pollutant that would exceedthe emissions allowedby any applicable standard under 40 CFR Parts 60, 61, and 63. Ifthe 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 combinationthereof, maybe approvedbythe director insteadto satisfy the requirement for the application ofBACT. 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 equivalentresults. (T) "Bestavailable technology" or "BAT" means any combination ofworkpractices, raw material specifications, throughput limitations, source design characteristics, an evaluation ofthe annualized costper ton ofairpollutantremoved, 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 airpollution sources. (U) "CleanAirAct" means the federal CleanAirAct as ffil'lef!EieEil'Jevel'flller 15, 1990; 42 USC 7401 to 767lq. (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 ofsulfur dioxide or oxides ofnitrogen associated with the utilization ofcoal in the generation ofelectricity, or process steam, andthat is not in widespreaduse as ofNovember 15, 1990. (W) "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department ofEnergy-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 contributionfor aqualifying cleancoaltechnology demonstrationproject shall be at least twenty per cent ofthe total cost ofthe clean coal technology demonstration3745-31-01 8

project. (X) "Cleaning solution" means liquid solvents or solutions usedto remove ink and debris fromthe operating surfaces oftheprintingpress and its parts. (Y)Reserved. (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 orpermits and eitherhas: (1) Begun, or caused to begin, a continuous program ofactual on-site construction orthe major stationary source ormajor modification, to be completed within areasonable 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 ofactual construction ofthe major stationary source or majormodificationto be completed within areasonabletime. (AA) "Commercial bakery" means an establishment that is primarily engaged in manufacturing fresh or frozen bread, bread-type rolls and dry bakeryproducts (e.g. biscuits, crackers, andcookies). 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 ofpermit processing does not preclude the directorfromrequesting or accepting any additional information. (CC) "Constructa majorMACT source" means: (I) 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 commoncontrol andwhich emits orhas the potentialto emitten tons peryear ormore ofanyHAP ortwenty-five tons peryear ormore ofany combination ofHAPs, or (2) Fabricate, erect, or install, at any developed site a new process or production unit which in and ofitselfemits or has the potential to emit ten tons peryear ormore ofany HAP ortwenty-five tons peryear ormore ofany combination3745-31-01 9

ofHAPs, unless the process orproductionunit satisfies the following criteria: (a) All HAPs emittedby 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 productionunit; (b) One ofthe following determinations has beenmade: (i) The director has determined within a period offive years priorto the fabrication, erection, or installation ofthe process or production unit that the existing control equipment represented the BACT, LAER, BAT, or MACT based on air taxies rules for the category of pollutants which includes those HAPs to be emitted by the process orproductionunit; or (ii) The director determines that the control ofHAP 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 ofcontrol that would be providedby a currentBACT, LAER, BAT, or airtoxic MACT 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 equivalentto the per cent control efficiencyprovided by the control equipment prior to the inclusion ofthe new process or productionunit; (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 MACTdetermination; (e) If any commenter has asserted that a prior LAER, BACT, BAT, or air toxic MACT determination is no longer adequate, the director has determined that the level ofcontrol requiredbythat prior detennination remains adequate; and (f) Any emission limitations, work practice requirements, or other terms and

### 3745-31-01 10

conditions upon which the above detenninations by the pennitting 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 Vpennitfor the affected facility or will beincorporated into suchpenni!upon issuance. (DD) "Consttuction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition or modification of an emissions unit) that wouldresult in a change in emissions. (EE) "Continuous emissions monitoring system" or "CEMS" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of this chapter, to sample, condition (ifapplicable), analyze, and provide a record of emissions on acontinuous basis. (FF) "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the detennination and recording of the pollutant mass emissionrate (in tenns ofmass perunitoftime). (GG) "Continuous parametermonitoring system" or "CPMS" means all ofthe equipment necessary to meet the data acquisition and availabilityrequirements ofthis chapter, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other infonnation (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operationalparametervalue(s) on a continuous basis. (HH) "Control technology" means measures, processes, methods, systems, or techniques, to limit the emission ofHAPs including, butnot limitedto, measures that: (1) Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution ofmaterials or othermodifications; (2) Enclose systems orprocesses to eliminate emissions; (3) Collect, capture, or treat such pollutants when released from a process, stack, storage orfugitive emissionspoint; (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 acombination ofparagraphs (HH)(l) to (HH)(4) ofthis rule.3745-31-01 11

(II) "Criteria pollutant" means**pBT!iet~Iate** H!atter PM!0. PM2.5, 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 CleanAirAct. (JJ) "Digital printing (direct-to-media printing) line" means a printing line where the transfer ofelectronic files occurs directly from the computer to an electronically driven outputdevice thatprints the image directly onthe selectedmedia (substrate). Electronic images and four-colorprocess images canbe printedvirtually any size. (KK) "Distillate oil" means a petroleum product designated as number one fuel oil, number two fuel oil (with less than orequal to 0.5 percentbyweight sulfur), diesel fuel orkerosene bythe "American PetroleumInstitute". (LL) "Electric utility steam generatingunit" means any steam electric generating unitthat 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. Any steam supplied to a steam distribution system for the purpose ofproviding steamto a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy outputcapacity ofthe affected facility. CMM) "Emergency" means: (1) An emergency caused by flooding. damaging winds or tornado. fire. or other natural disaster. (2) An electri.c power outage due to a failure ofthe electrical grid. local supply equipment failure. or facilitv equipment failure. (3) Any situation that the director determines to be an immediate threat to human health. property. orthe environment. (N'N) "Emergency engine" means a stationary reciprocating engine or a turbine engine which operates as an emergency or standby mechanical or electrical power source andis used only during the following: (1) Emergencies. (2) Any combination ofthe following purposes for a maximum of 100 hours per calendaryear: Ca) Maintenance checks and readiness testing. provided that the tests are recommended by federal. state or local government. the manufacturer3745-31-01 12

the vendor the regional transmission organization or equivalent balancing authoritv and transmission operator. or the insurance company associated withthe engine. (b) Emergency demand response for periods in which the regional transmission authoritv or equivalent balancing authority and transmission operatorhas declared an Energy Emergency Alert Level 2 (EEA Level 2) as defined in the "North American Electric Reliability Corporation Reliability Standard EOP-002-3. Capacity and Energy Emergencies." (c) Periods where there is a deviation ofvoltage or frequency offive per cent or greaterbelow standard voltage orfrequency. (d) Operation ofup to fifty hours percalendaryearto supply power as part of a financial arrangement with another entity if all ofthe conditions in paragraph (NN)(d)(i) to CNN)(d)(v) ofthis rule are met. The fifty hours of non-emergency operation are counted as part of the one hundred hours percalendaryear described in paragraph (NN)(2) ofthis rule. (i) The engine is dispatched by the local balancing authority or local transmission and distribution system operator. (ii) The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avertpotential voltage collapse or line overloads that could lead to the interruption ofpower supply in alocal area orregion. (iii) The dispatch follows reliability. emergency operation or similar protocols that follow specific NERC. regional. state. public utility commission or local standards or guidelines. Civ) The power is provided only to the facility itselfor to support the local transmission and distribution system. (v) The owner or operator identifies and records the entity that dispatches the engine and the specific NERC. regional. state. public utility commission or local standards or guidelines that are being followed for dispatching the engine. The local balancing authority or local transmission and distribution system operator may keep these records onbehalfofthe engine owner or operator. (e) The fifty hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response. or to generate income for a facility to supply power to an electric grid or otherwise supply power as part of a financial arrangement with another entity unless the conditions inparagraph (NN)(2)(d) ofthis rule are met.3745-31-01 13

fMM:ICOO) "Emissions unit" means any part ofa 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 notconsidered emissions units. There are two types of emissions units: (I) 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) An "existing emissions unit" means any emissions unit that does not meet the requirements inparagraph (MM)(l) (00)11) ofthis rule. A replacement unit, as defined in this rule, is an existing emissions unit.**~(PP)** "Express permit-to-install" or "express PTIO" means a registration status permit-to-install orregistration status PTIO that is registered for express processing and issuance pursuant to paragraph (G) ofrule 3745-31-05 ofthe Administrative Code andpursuantto the division (A) ofsection 3704.037 ofthe Revised Code. fGG):(Q.Q). "Facility" means all ofthe 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 ofthe same person (or persons under common control) except the activities of any vessel and those emissions resulting directly from an intemal combustion engine for transportation purposes or from a non-road engine ornon-roadvehicle as defined in Section 216 ofthe CleanAirAct. Air contaminant sources shallbe considered as part ofthe same industrial grouping ifthey belong to the same major group (i.e., they have the same two-digit code) as described in the "StandardIndustrial ClassificationManual." fll-P1CRR) "Federal land manager" means, with respect to any lands in the United States, the secretary ofthe departmentwith authority over suchlands.**~(SS)** "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 I, including operating permit requirements designated as federally enforceable issued under an United States environmental protection agency-approved program that is incorporated into the

### 3745-31-01 14

Ohio state implementation plan and expressly requires adherence to any permit issued under such program.**~(TT)** 

### "Fountain solution additives" means volatile and non-volatile chemicals, alcohols, and other additives, which are blended with water to fmm the fountain solution used in the lithographicprinting process.**~CUU)** 

### "Fugitive emissions" means those emissions that cannot reasonably pass through a stack, chimney, vent or otherfunctionally equivalent opening. f+BCVV) 

### "General permit" means a generalpermit-to-install orageneral PTIO. ftltl}CWW) "General permit-to-install" or "general PTIO" means a permit-to-install or PTIO issued underrule 3745-31-29 ofthe Administrative Code. f¥\9CXX) "Greenfield site" means a contiguous area under common control that is an undeveloped site. fWW1CYY) "Hazardous air pollutant" or "HAP" means any air pollutant listed in, or pursuantto, Section 112(b) ofthe Clean AirAct.**~(ZZ)** 

### "High terrain" means any area having an elevation of nine hundred feet or more above the base ofthe stack ofa stationary source. f¥¥1(AAA) "Indian governing body" means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessingpower ofself-government.**~** 

### "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act ofcongress. (AAA)(CCC) "Innovative control technology" means any system ofair pollution control that has notbeen adequately demonstrated in practice, butwould have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or ofachieving at least comparable reductions at lower costin terms ofenergy, economics ornon airquality environmental impacts. (BBB)CDDD) "Install" or "installation" means to begin actual construction, erect, locate or affix any air contaminant source. (CCC)(EEE) 

### "Job" means the total area or areas to be refinished or repainted on an

### 3745-31-01 15

automobile or lightffiHy 

### truck byan auto bodyrefinishing facility. (DDD)CFFF) "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 withoutthe use ofan ani!ox roller. fEBE7CGGG) "List of source categories" means the source category list required by Section 112(c) ofthe Clean AirAct. fH"F1CHHH) "Lowterrain" means any area otherthan high terrain. (GGG)CIII) "Lowest achievable emissionrate" or "LAER", for any emissions unit, means the more stringentrate ofemissions based onthe following: (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;-er. (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 LAER for the new or modified emissions units within the stationary source. In no event shall the application ofthis tenn 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. (IIIIII)CJJJ) "MACT determination" means any combination of emission limitations, work practices, raw material specifi.cations, throughput limitations, source design characteristics, and air pollution control devices that achieve the level of HAP control requiredbyparagraph (E) ofrule 3745-31-28 ofthe Administrative Code. I:HJ1CKKK) "Major MACT source" means any process or production unit that in and of itselfhas the potential to emit ten tons per year or more of any single HAP or twenty-five tons peryear or more ofany combination ofHAPs. f.JJJ7CLLL) "Majormodification" means: AHy J9hj·sieal ehaage iH er efiaHge iH the metflea efeJ9eratie!! efa majer statieHffi)' sstlree tha-t v:sttlcl resttlt 

### ifl: (1) 

### Any physical change in or change m the method of operation of a major

### 3745-31-01 16 

### stationary source that wouldresult in acombination ofthe following: f!-tfl!). 

### A significant emissions increase ofaregulatedNSR**pollutant;-Em~t** ft:t.(h) 

### A significant net emissions increase ofthat pollutant from the major stationary source. [Comment: Except as otherwise provided in R:l!es 37q5 31 31 &lie! rule 3745-31-32 of the Administrative Code, and consistent with the definition ofmajor modification, aNSR project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases; a signifi.cant emissions increase and a significant net emissions increase. The NSR project is not a major modification ifit does not cause a significant emissions increase. If the NSR project causes a significant emissions increase, then the NSR project is amajor modification only if it also results in a significant net emissions increase.] 

## f3-t!ll Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is considered significant for VOCs ornitrogen oxides shallbe considered significantfor ozone.**~ill** 

### The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type of emissions units being modified, according to paragraphs (JJJ)(q)(a) 

### te (JJJ)(q)(e) 

### (LLL)C4)Ca) to (LLL)C4)(c) ofthis 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 ofthe process) is contained in**paragraph~** 

### CVVV) of this rule. Regardless of any such preconstruction projections, a major modificationresults ifthe NSRproject causes a significant emissions increase and a significantnet 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 ifthe sum ofthe difference between the projected actual emissions and the baseline actual emissions, for each existing em1ss1ons unit, equals or exceeds the significant amount for that pollutant. (b) Actual-to-potential test for NSR projects that only involve construction of anew emissions**~unit.**3745-31-01 17

A significant emisswns increase of a regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the potential to emit from each new emissions unit following completion ofthe NSR project andthebaseline actual emissions ofthese emissions units before the NSR project equals or exceeds the significant amount for that pollutant. (c) Hybrid test for NSR projects that involve multiple types of emissions units. 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 (JJJ)(4)(a) te (JJJ)(4)(8) (LLL)(4)(a) to (LLL)(4)(b) of this rule as applicable with respectto each emissions unit, for each type ofemissions unit equals or exceedsthe significant amount for that pollutant. f§-1@ A physical change or change in the method ofoperation shall not include the following: (a) Routine maintenance, routine repair, androutinereplacement;. (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 byreason ofa natural gas curtailmentplanpursuantto the FederalPowerAct;. (c) Use ofan alternative fuel byreason ofan order orrule under Section 125 ofthe Clean Air Act;. (d) Use ofan alternative fuel at a steam generating unit to the extent that the fuel is generatedfrom municipal solidwaste;. (e) Use ofan alternative fuel or raw material by a stationary source that does one ofthe following: (i) For nonattainment NSR purposes, the stationary source was capable ofaccommodatingbefore December21, 1976, unless suchchange would be prohibited under any federally enforceable permit conditionthat was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFRPart 51, SubpartI or40 CFR 51.166;-er.3745-31-01 18

(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 tbat was established after January 6, 1975, pursuant to 40 CPR 52.21 or under regulations approved pursuant to 40 CPR Part 51, SubpartI or40 CPR**51.166;-er~** (iii) The stationary source is approved to use under any effective and applicable nonattainmentNSRpermitorPSDpermit;. (f) An increase in the hours ofoperation orin the productionrate, unless such change is prohibited under any federally enforceable permit condition that was established after the following: (i) Fornonattainment NSRpurposes, December21, 1976 pursuantto 40 CPR 52.21 or under regulations approved pursuant to 40 CPR Part 51, SubpartI or40 CPR51.166;-er, (ii) For PSD purposes, January 6, 1975 pursuant to 40 CPR 52.21 or underregulations approved pursuantto 40 CPR Part 51, Subpart I or 40 CPR 51.166. (g) Any change in ownership at a stationary**sourc~~** (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 the following: (i) The Ohio state implementation**plan~,** (ii) Other requirements necessary to attain and maintain the national ambient air quality standard during the temporary clean coal technology demonstrationproject and after it is terminated. (i) For PSD purposes only, tbe installation or operation ofa permanent clean coal technology demonstration project that constitutes repowering, providedthat the projectdoes notresult in an increase in the potentialto emit of any regulated pollutant emitted by the unit. This exemption shall apply on apollutant-by-pollutantbasis.3745-31-01 19

(j) For PSD purposes only, the reactivation ofa very clean coal-fired electric utility steamgeneratingunit. 

## f61Ul 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 ofthe Administrative Code for a PAL for that pollutant. Instead, the definition under paragraph (IHIIHI) (JJJJ) of this rule shall apply. (KKK)IMMM) "Major source baselinedate" means: (1) In the case ofa partieelate ffiJ*ter PMJO and sulfur dioxide, January 6, 1975; tlfitl" (2) Inthe case ofnitrogen dioxide, Februaty 8, 1988. 13) Inthe case ofPM2.5. October20. 2010. 

### f-'1® The baseline date is established for each pollutant for which increments or other equivalentmeasureshavebeenestablishedifthe following aj;lj;lly: (a) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) ofthe Clean Air Act for the pollutant on the date ofits complete application under 40 CFR 52.21 or the requirements of rules 3745-31-11 to 3745-31-20 ofthe Administrative Code;--£1ftE!" (b) Inthe case ofa major stationary source, thepollutant wouldbe emitted in significant amounts, or in the case ofa majormodification, there would be a significantnet emissions increase ofthe pollutant. fbhb1INNN) "Major stationary source" means any stationary source or any group of stationary sources that are described in paragraph (LLL)(l) INNN)Cl) or (LLL)(2) INNN)(2) ofthis rule except as restricted under paragraphs (LLL)(3) te (LLL)(5) INNN)(3l to (NNNl(5) ofthis rule. (1) For stationary sources located in a nonattainment area for a given regulated air pollutant: Any stationary source ofair pollutants that emits, or has the potential to emit one hundredtons peryearormore ofthe givenregulatedNSRpollutant, or3745-31-01 

### 20

(2) For stationary sources located in an attainment area for a given regulated air pollutant: (a) Any ofthe following stationary sources ofair pollutants that emits, orhas the potential to emit, one hundred tons per year or more of any regulatedNSRpollutant: (i) Fossil fuel-fired steam electric plants ofmore than two hundred fifty millionBritishthermal units perhourheatinput;. (ii) Coal cleaningplants (with thermal dryers},. (iii) Kraft pulp mills;. (iv) Portlandcementplants;. (v) Primaryzinc smelterst. (vi) Iron and steel mill plantst. (vii) Primary aluminum ore reduction plants;. (viii) Primary copper smelterst. (ix) Municipal incinerators capable ofcharging more than tewe httadFea fifty tons ofrefuseperdayt. (x) Hydrofluoric, sulfuric ornitric acidplantst. (xi) Petroleumrefineriest. (xii) Limeplantst. (xiii) Phosphaterock processingplants;. (xiv) Coke ovenbatteriest. (xv) Sulfurrecoveryplantst.3745-31-01 21

(xvi) Carbonblackplants (furnace**process);~** (xvii) Primary lead**smelters;~** (xviii) Fuel conversion**plants;~** (xix) Sintering**plants;~** (xx) Secondarymetalproduction**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 andtransfer units with a total storage capacity exceeding three hundred thousand**barrels;~** (xxiv) Taconite oreprocessing**plants;~** (xxv) Glass fiberprocessing**plants~~** (xxvi) Charcoalproduction**plants;-ffi'~** (b) Notwithstanding the stationary source size specified in paragraph (LLL)(2)(a) (NNN)(2)(a) ofthis rule, any stationary source that emits, or has the potential to emit, two hundred fifty tons per year or more of anyregulatedNSRpollutant. (3) A major stationary source that is major for VOCs or nitrogen oxides shall be consideredmajorfor ozone. (4) The fugitive emissions ofa stationary source to the extent quantifiable shall not be included in determining for any ofthe purposes ofthis rule whether it is a major stationary source, unless the stationary source belongs to one of the following categories ofstationary sources:3745-31-01 22

(a) Coal cleaningplants (with thermal dryersk (b) Kraftpulp**millst~** (c) Portland cement**plantst~** (d) Primary zinc**smelterst~** (e) Iron and steel**millst~** (f) Primary aluminum orereduction**plantst~** (g) Primary copper**smelterst~** (h) Municipal incinerators capable ofcharging more than twe fittflEIFea fifty tons ofrefuse per**dayt~** (i) Hydrofluoric, sulfuric, ornitric acid**plantst~** (j) Petroleum**refineriest~** (k) Lime**plantst~** (!) Phosphate rockprocessing**plantst~** (m) Coke oven**batteriest~** (n) Sulfurrecovery**plantst~** (o) Carbonblackplants (furnaceprocessk (p) Primary lead**smelterst~** (q) Fuelconversion**plantst~** (r) Sintering**plantst~** (s) Secondarymetalproduction**plantst~**3745-31-01 23

(t) Chemical process plants except for ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or**312140;~** (u) Fossil-fuel boilers (or combination thereof) totaling more than two hundredfifty million Britishthermal units perhourheat**input;-~** (v) Petroleum storage and transfer units with a total storage capacity exceedingthree hundredthousand**barrels;~** (w) Taconite ore processingplants;:. (x) Glass fiber processing**plants;~** (y) Charcoalproduction**plants;-~** (z) Fossil fuel-fired steam electric plants of more than two hundred fifty millionBritishthermal units perhourheat**input;-~** (aa) Any other stationary source category which, as of August 7, 1980, 1s beingregulated under Section 111 or 112 ofthe CleanAirAct. (5) Any physical change that would occm at a stationary somce not qualifYing underparagraph

### f-6I±1 (NNN) ofthis rule as a major stationary somce would be considered a major stationary somce, if the change would constitute a major stationary sourcebyitself. (MMM)(OOO) "Maximum achievable control technology emission limitation for new sources" or "MACT emission limitation for new somces" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar somce, and which reflects the maximum degree ofreduction in emissions thatthe director, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, detennines is achievable by the constructedorreconstructed majorMACT source. (HH!>I)(PPP) "Maximum uncontrolled emissions" (only used for express permit-to-install or express PTIO processing ) means the amount of emissions from the air contaminant source in tons per year calculated at the maximum operating capacity ofthe air contaminant source based upon operating eight thousand seven hundred sixtyhours peryearin the absence ofcontrolequipment.3745-31-01 24

(OOO)COOO) "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 ofrules 3745-31-11 to 3745-31-20 ofthe Administrative Code submits a complete application under the relevant regulations. The trigger date is: (1) In the case of a FJBTI:ieulate ffiat!ef PMlO and sulfur dioxide, August 7, 1977; ftflcl. (2) In the case ofnitrogen dioxide, February 8, 1988. (3) In the case ofPM2.5. October20. 2011. 

### f.l1(f\ The baseline date is established for each pollutant for which increments or otherequivalentmeasures have been established ifthe following apply: (a) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) ofthe Clean Air Act for the pollutant on the date ofits complete application under 40 CFR 52.21 or the requirements of rules 3745-31-11 to 3745-31-20 ofthe Administrative Code;-tt!*l. (b) In the case ofa major stationary source, the pollutant wouldbe emitted in significant amounts, or in the case ofa major modification, there would be a significantnet emissions increase ofthe pollutant. 

## t41ill Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM!0 increments, except that the director may rescind any such minor source baseline date where it can be shown, to the satisfaction ofthe director, that the emissions increase from the major stationary source, or the netemissions increase from the major modification, responsible for triggering that date did notresult in a significant amount ofPMlOemissions.**~** "Model general permit" means a document that the director has developed that includes a definition ofa category ofair contaminant source, a description of the qualifications thatmustbemet for that category ofsource and model terms and conditions that will be used as a general permit for any qualified air contaminant source. (QQQ)CSSS) "Modify" or "modification" means:3745-31-01 25

(1) Any physical change in, or change in the method ofoperation of: (a) Any air contaminant source that: (i) Results in an increase in the allowable emissions; or (ii) Results in an increase in emissions ofgreater than the de minimis levels in rule 3745-15-05 ofthe Administrative Code ofany type ofaircontaminantnotpreviously emitted; or (iii) Results in the relocation ofthe 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 administratorunder Section 112 ofthe CleanAir Act. (v) 'Modify' or 'modification' shall not include routine maintenance, routine repair, and routine replacement; use ofan alternate fuel or raw material that the source is capable ofaccommodating and is not expressly prohibitedfrom using under any permitcondition or applicable requirement of the Clean Air Act; an increase in the hours ofoperation 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 wntmg, 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 ofan incrementper paragraph (B) ofrule 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 Act permit

### 3745-31-01 26

condition or applicable requirement. (vii) 'ModifY' or 'modification' shall not include allowable em1sswn increases due to an alternative emission limit that satisfies the criteria set forth in division (E) ofsection 3704.03 ofthe Revised Code and is consistent with division (K) of section 3704.036 of the Revised Code. (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 !lg/m3

, 

### eight-hour**average~~** 

### (ii) Nitrogen dioxide

- fourteen !lg/m 3

, f'.veffij· fetlf l!ettr 

### annual**average;~** (iii) Tetal sttsj'leHaea**j'lartiet~late** teR J±giftl3

, t\veRt)' fetlfl!etlfa-verage; (iv)**8t~!ftlf** ElieRiae J'ifteeH J±g,'rfi3

, PNeRt)'**fet~r** l!etlfa-verage; (Y) Leaa Q, 1J±gitR3

,P.veflt)' fetlf**l!et~r** aYerage; er 

### Ciiil Directly emitted particulate matter less than 2.5 microns (PM2.5)-four ug/m3. twenty-four-hour average. Civ) Particulate matter less than ten microns CPMIO)

- ten ug/m3. twenty-four-houraverage. Cv) Sulfur dioxide- thirteen ug/m3. twenty-four-houraverage. (vi) Lead- 0.1 ug/m3. three-month average.**~(TTT)** 

### "Municipal solid waste landfill" or "MSW 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 MSW landfill may also receive othertypes ofResource Conservation and RecoveryAct (RCRA) SubtitleD3745-31-01 

### 27

wastes (rule 3745-50-10 of the Administrative Code) such as commercial solid waste, nonhazardous sludge, and industrial solid waste. Portions ofa MSW landfill may be separated by access roads. A MSW landfill may be publicly or privately owned. A MSWlandfill maybe a newMSW landfill orexistingMSWlandfill.**~(UUU)** "Necessary pre-construction approvals or pem1its" means those pennits 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 implementationplan. t++'BNVV) "Net emissions increase" means, with respect to any regulated NSR pollutant emittedby a major stationary source, the amount by which the sum ofthe following, except as limited by paragraph (TTT)(3) (VVV)(3) ofthis rule, exceeds zero: (1) Any increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculatedunder 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 paragrapht++'BCVVV) ofthis rule shall be determined as provided in paragraph (0) ofthis rule, except that paragraphs (O)(l)(c) and (0)(2)(d) of this rule shall not apply. (3) The following subparagraphs limit paragraphs (TTT)(l) (VVV)(l) and (TTT)(2) CVVVlC2) ofthis rule: (a) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs 

### beiewee!l tl;e eate five )'6frfS Befafe 68HS1ftletieH SH tile fJafl:ieH1ffi' eftaage 68R11ll61166S ana tfie date thflt the i!lerease fretr, the jlffi'tieular efiange eeeMrs; within the period beginning five years mior to the date on which the owner or operator ofthe facility expects construction to commence. as stated in the initial complete application for an installation permit for a new or modified emission unit for the particular change or project. and ending on the date when the new or modified emissions unit becomes operational and begins to emit a pollutant. (b) An increase or decrease in actual emissions is creditable only if the director has not relied onit in issuing a pennitfor the stationary source under regulations approved pursuant to this rule, which permit is in effect when the increase in actual emissions from the particular change3745-31-01 

### 28

occurs;_ (c) For PSD 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 PMlO emissions shall be used to evaluate the net emissions increase for PMlO;. (d) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the oldlevel;. (e) A decrease in actual emissions is creditable only te the ellteffi that ifthe following apply: (i) The old level of actual emtsswns or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emtsswns;. (ii) ItThe decrease is enforceable as a practical matter at and after the time that actual construction onthe particularchangebegins;. (iii) ItThe decreasehas approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particularchange;. (iv) For nonattainment NSR purposes only, the director has not relied on it in issuing any permit under regulations pursuant to 40 CFR Part 51, Subpart I or the director has not relied on it in demonstrating attainment orreasonable further progress;. (f) An 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. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty daysj-tlftE!. (g) Paragraph (C)(l) ofthis rule shall not apply for determining creditable increases and decreases orafter a change. (UUU)CWWW) "New source" means any air contaminant source for which an owner or3745-31-01 29

operator undertakes a continuing program ofinstallation or modification or enters into a binding contractual obligation to undertake and complete, within a reasonable time, a continuing program ofinstallation ormodification, after January 1, 1974, and that at the time ofinstallation 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. (VVV)CXXXl "New source review project" or "NSR project" means a physical change in, or change in the method ofoperation of, an existing major stationary source for which a permit-to-install or apermit-to-install and operate is reQuired. (\VW\'/)CYYY) "Nonattainment" or "nonattainment area," for a given pollutant, for purposes of determining applicability of Cfiftjlter 3745 31 ef tfie Aemiflistrative Get!ethis chapter, means that the area has been designated as nonattainment in 40 CFR 81.336. (XXX)CZZZ) "Nonattainmentnew source review permit" or "nonattainmentNSRpermit" means any permit that is issued under a major source preconstruction permit programthathas beenapprovedbythe administrator and incorporated into a planto implement the requirements of40 CFR 51.165, or a program that implements 40 CFRPart 51, Appendix S, SectionsI through VI. (YYY)CAAAA) "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 employedin an offset lithographicprintingprocess are considerednon-heatset.**~CBBBB)** "Non-methane organic compound" or "NMOC" has the same meaning as found inparagraph (B)(l6) ofrule 3745-76-01 ofthe Administrative Code. (AAAA)CCCCC) "Non-roadengine" means, as defined under 40 CFR 89.2: (I) Except as discussed in paragraph (AAAA)(2) CCCCC)C2) of this rule, a non-roadengine is anyinternal combustion engine: (a) In or on a piece of equipment that is self-propelled or serves a dual purpose by bothpropelling itselfandperforming another function (such as garden tmctors, off-highwaymobile cranes andbulldozers); or (b) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and stringtrimmers); or3745-31-01 30

(c) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable ofbeing carried or moved from one locationto another. Indicia oftransportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. (2) Anengine is not anon-roadengine ifany ofthe following apply: (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 ofthe CleanAir**Act;-ef~** (b) The engine is regulated by a federal new source performance standard promulgatedunderSection Ill ofthe CleanAir**Act;-ef~** (c) The engine otherwise included in paragraph (AAAA)(l)(e) (CCCC)(l)(c) ofthis rule remains or will remain at a location for more than twelve consecutive months or a shorter period oftime for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location andthat is intendedto performthe same or similarfunction as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full 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 (ormore) eachyear. This paragraph does notapplyto an engine afterthe engine is removed from the**location;-ef~** (d) Engines used inaircraft as defined in 40 CPR**87.l(a);-ei'~** (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 CPRParts 7, 36, 56, 57, 70, and**75;-ef~** (f) Engines subject to the standards of40 CPR Part 92 (engines exempted from the requirements of 40 CPR Part 92 under 40 CPR 92.907 are subjectto therequirements of40 CPRPart**89);-ei'~** (g) Engines used in marine vessels as defined in I USC 3, ifthose engines have a rated powerat orabovethirty-sevenkilowatts;-ef.3745-31-01 31

(h) Engines with a per cylinder displacement of less than fifty cubic centimeters. (BBBB)CDDDD) "Ohio state implementationplan" means the plan submittedby the state ofOhio to, and approved by, the United States environmental protection agency in response to Section 110 ofthe Clean AirAct. (CCCC)CEEEE) "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. (DDDD)CFFFF) "PAL allowable emissions" means allowable emissions as defined inthis rule, except as this definition is modified underthis 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 potentialto emit. (2) An emissions unit's potential to emit shallbe determined using the definition in paragraph (VVVV) CBBBBB) of this rule, except that the words or enforceable as apractical matter shouldbe added after federally enforceable. (EEEE)CGGGG) "PAL effective date" generally means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit, which is part ofthe PAL major modification, becomes operational andbegins to emit the PAL pollutant. (FFFF)CHHHH) "PAL effective period" means the period beginning with the PAL effective date and endingten years later.**~"PAL** major emissions unit" means either ofthe following: (1) Any emissions unit that emits or has the potential to emit one hundred tons per year ormore ofthe PAL pollutantin an attainment area;-tlf. (2) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL 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) ofthe Clean Air Act, an emissions unit would be aPAL major3745-31-01 32

emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit fifty ormore tons ofVOCperyear. (HIIIIII)(JJJJ) "PAL major modification" means, notwithstanding this rule (the definitions for majormodification andnet emissions increase), any physical change in orchange in the method ofoperation ofthe PAL source that causes itto emitthe PALpollutant at a level equal to orgreaterthanthe PAL. f!Hl1CKKKK) "PAL permit" means the permit-to-install issued by the director that establishes, incorporates ormodifies a PAL for amajor stationary source. fHJJ)CLLLL) "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source. (KKKK)(MMMM) "PAL significant emissions unit" means an emissions unit that emits orhas the potential to emit a PAL pollutant in an amount that is equal to or greater thanthe significant level as definedinthis rule orin the CleanAirActwhicheveris lowerfor thatPALpollutant, butless thanthe amountthatwould qualitythe unit as a PALmajoremissions unit as definedin this rule. (LLLL)(NNNN) "PAL small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in this rule or in the CleanAir Act, whichever is lower. (MMMM)(OOOO) "Particulate matter" shall have the same meaning as found in rule 3745-17-01 ofthe Administrative Code. (J>Jl>Jl>l"N)CPPPP) "Particulate matter emissions" shall have the same meaning as found in rule 3745-17-01 ofthe Administrative Code. (0000) "Permanent" means that emission reductions used to offset emission increases are assured for the life of the corresponding increase through a federally enforceable mechanism. through restrictions that are legally and practically enforceable by the state. or because emissions are no longer physically or operationally possible. whether the corresponding increase is limited or unlimited induration. (OOOO)(RRRR) "Person" means the federal goverrunent or any agency thereof, the state or any agency thereof, any political subdivision, or any agency thereof, or any public orprivate corporation, individual, partnership, orotherentity.3745-31-01 33

(PPPP)(SSSS) "P1antwide applicability limitation" or "PAL" means an etmsswn 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 withparagraphs (A)(1) to (A)(B)ofrule 3745-31-32 ofthe Administrative Code. (TTTT) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to anominal2.5 micrometers as measured by a reference method based on 40 CFR Part 50 Appendix L and designated in accordance with 40 CFR Part 53 or an equivalent method designated in 40 CFRPart 53. (UUUU) "PM2.5 direct emissions" means solid particles. with an aerodynamic diameter less than or equal to nominal 2.5 micrometers. emitted directly from an air emissions source or activity. or gaseous emissions or liquid droplets from an air emissions source or activitv which condense to fonn particulate matter at ambient temperatures. Direct PM2.5 emissions include elemental carbon. directly emitted organic carbon. directly emitted sulfate. directly emitted nitrate. and otherinorganic particles (includingbutnot limited to crustal material. and metals). (VVVV) "PM2.5 emissions" means finely divided solid or liquid materiaL with an aerodynamic diameter less than or equal to nominal 2.5 micrometers that is or has been emitted to the ambient air as measured by an applicable reference method. or an equivalent or alternative method. specifiedin 40 CFRPart 5I.Appendix M. (WWWW) "PM2.5 precursor" means those air pollutants other than PM2.5 direct emissions that Ohio EPA has demonstrated with USEPA approval. significantly contribute to the formation ofPM2.5 in a specific area. PM2.5 precursors include sulfurdioxide andnitrogen oxides. (QQQQ)(XX:XX) "PM!0" means particulate matter with an aerodynamic diameter less 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 equivalentmethod designated in 40 CFRPart 53. (RRRR)(YYYY) "PM!0 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 emittedto the ambient air as measured by an applicable reference method, or an equivalent or altemative method, specifiedin 40 CFRPart 51, AppendixM. (SSSS) 

### ReseFVee. (TTTT)(ZZZZ) "Pollution prevention" means any activity that through process changes, product reformulation or redesign, or substitution ofless polluting raw materials, eliminates orreduces the release ofairpollutants (including fugitive emissions) and otherpollutants to the environmentprior to recycling, treatment, or disposal; it does3745-31-01 34

not mean recycling (other than certain m-process recycling practices), energy recovery, treatment, or disposal. (UUUU)CAAAAA) "Portable source" means an air contaminant source that, in the director'sjudgment, is specifically designed to be transferred to a new site as needs warrant. (VVVV)CBBBBB) "Potential to emit" means the maximum capacity ofan emissions unit or stationary source to emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe emissions unit or stationary source to emitan air pollutant, which includes any federally regulated airpollutant as defined in paragraph (DD) ofrule 3745-77-01 ofthe 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 ofits design ifthe 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 ofa stationary source. (WW\VW)(CCCCC) "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 perhour) on acontinuousbasis. (XXXX)CDDDDD) "Prevention of significant deterioration increment" or "PSD increment" means an allowable increment specified in paragraph (B) of rule 3745-31-11 ofthe Administrative Code. (YYYY)CEEEEE) "Prevention of significant deterioration permit" or "PSD pennit" means any permit that is issued under a major source preconstruction permit program thathas been approvedbythe administrator and incorporated into the plan to implement the requirements of40 CFR 51.166, or under the program in 40 CFR 52.21. (ZZZZ)(FFFFF) "Process or production unit" means any collection of structures and/or equipment that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process orproductionunit. [Comment: The definition ofaprocess or production unit can be determined by the intermediate product of a process. For example, at a plant which manufactures3745-31-01 35

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 ofboat hulls. The new spray guns will have a potential to emit greater than ten tons per year ofa single HAP. In this example, the fiberglass hull ofa boat is an intermediate product in the manufacture ofa final product (a boat). The collection of equipment needed to manufacture the intennediate product includes the new spray guns, the existing spray guns, the laminating operation, and other supporting equipment. Because the new spray guns in and ofthemselves do notproduce the intermediateproduct, they are not in and ofthemselves aprocess or production unit, and therefore are not subject to review under rule 3745-31-28 of the Administrative Code. Other examples ofthe applicability ofthis definition are found at 61 Fed. Reg. 68391-68392 (December 27, 1996).] (AAAAA)CGGGGGl "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe five years (twelve-month period) following the date the emissions unit resumes regular operation after the NSR project, or in any one ofthe ten years following that date, ifthe NSR 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. In determining the projected actual emJsSJons under this rule before beginning actual construction. the owner or operator ofthe major stationary source shall do the following: (1) IR eetefffiiRffig tfie fJFejeetee aetttal emissieRS !±REier tflis rele eefere eegiRRffi.g aetttal eeRstFl±etieR, tfle ewReF er ElfJOf!tter eftfle !l'lajer statiEJR!tl)' settree: 

## Will 8l!all eeRsieerConsider 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 ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance plansunderthe approvedplan; and 

### tl91Gl 8l!all iReltteeinclude fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and 

### f&l!.ll. 8fiall eJleltteeExclude, in calculating any increase in emissions that results from the particularNSRproject, thatportion ofthe emissions unit's emissions following the NSR project that an existing emissions unit could have accommodated during the consecutive twenty-four-month period used to establish the baseline actual emissions under paragraph (0) ofthis rule and3745-31-01 36

that are also unrelated to the particularNSR project, including any increased utilization due to productdemand growth; or, 

## Will In lieu of using the method set out in paragraphs (AAl'n'\u't)(l)(a) <a (AAAAA)(l)(e) CGGGGG)(l) to CGGGGG)(3) ofthis rule, may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (VVVV) CBBBBB) ofthis rule. (BBBBB)(HHHHH) "PTIO" or "permit-to-install and operate" means a pennit-to-install and a permit-to-operate applicable to air contaminant sources not located at facilities subjectto Chapter3745-77 ofthe Administrative Code. (IIIII) "Publiclyownedtreatment works" or "POTW" means any device or systemused in the treatment (including recycling and reclamation) of domestic sewage or industrial waste ofa liquid nature that is owned by a municipality. county or state entity oranypublic body createdunder state lawthathas authority overdisposal of sewage. (JJJJJ) "Quantifiable" means that the amount. rate and characteristics of emissions and emission reductions can be determined or measured through a reliable and replicable method. (CCCCC)CKKKKK) "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-firedutility unit after aperiodofdiscontinued operationwherethetmit following apply: (1) H!!;;The unit has not been in operation for the two-year period prior to the enactmentofthe CleanAirActAmendments of 1990, and the emissions from such unit continue to be carried in the pennitting authority's emission inventory atthetime ofenactment; (2) WasThe unit was equipped prior to shutdown with a continuous system of emission control that achieves a removal efficiency for sulfur dioxide ofno less than eighty-five per cent and a removal efficiency for particulates ofno less than ninety-eightpercent; (3) .ffrThe unit is equipped with low-NO burners prior to the time of commencementofoperations following**r~activation;** and (4) .ffrThe unit is otherwise in compliance with the requirements ofthe Clean Air Act.3745-31-01 37

(DDDDD)CLLLLL) "Reconstruct a major MACT source" means the replacement of components at an existing process or production unit that in and ofitselfemits or has the potential to emit ten tons per year or more ofany HAP ortwenty-five tons peryearormore ofany combination ofHAPs, wheneverthe following occur: (1) The fixed capital cost ofthe new components exceeds fifty percent ofthe fixed capital cost that would be required to construct a comparable process or production**unit~.** (2) It is technically and economically feasible for the reconstructed major source to meet the applicable MACT emission limitation for new sources established underrule 3 745-31-28 ofthe Administrative Code. (EEEEE)(MMMMM) "Reduced sulfur compounds" or "RSC" means, as defined under 40 CFR Part 60, Subpart J, the sum of the sulfur compounds hydrogen sulfide, carbonyl sulfide and carbon disulfide. (FFFFF)(NNNNN) "RegulatedNSRpollutant" 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-;-e¥, (c) Any pollutant that is identified under this paragraph as a constituent or precursor ofa general pollutant listed under paragraph (NNNNN)(l)(a) or CNNNNN)(l)(b) of this rule. provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation ofthe general pollutant. Precursors identified by the director for purposes ofnew source review are the following: (i) VOCs and nitrogen oxides are precursors to ozone 111 all ozone nonattainment areas. (ii) Sulfur dioxide is a mecursor to PM2.5 in all PM2.5 nonattainment areas. (iii) Nitrogen oxides are a precursor to PM2.5 111 all PM2.5 nonattainment areas.3745-31-01 38

(d) PM2.5 emissions and PMlO emissions shall include gaseous emtsswns from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1. 2011. such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM!0 in nonattainment new source review permits. Compliance with emissions limitations for PM2.5 and PMl0 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of a permit or the Ohio state implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation of this chapter unless the Ohio state implementation plan required condensableparticulatematterto be included. (e) 

### Aft;· flSih±tllftt tltat is a esHstittteflt srfJFeettFssr sfa geHeflll flSI!tttaftt listeEI ElflEieffJafagfllfJftS (FFFFF)(I)(a) Sf (FFFFF)(l)(a) eftl!is mle, fJFEwiEieEI tl!at a eeflstittte!!t sf fJFeettFsef fJslltttaHt may eRiy ae fegttlates ttnaef**~!SR** as fl!lrt efregMiatieR eftile geHeral flSiitt!!lflt. (2) For stationary sources located in an attainment area for a given regulated air pollutant. the following: (a) Any pollutant for which a national ambient air quality standard has been promulgated" anEI aHy eeHstitlfe!!ts er flFeettFsers fer sMell flSiffit!llrts ise!!tifies ay tlte asmiRistrater (e.g., YOCs are flF86UfSSfB fer 8>38!!e); This includes. butis notlimitedto. the following: (i) PM2.5 emissions. and PMlO emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January I. 2011. such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PMlO in PSD permits. Compliance with emissions limitations for PM2.5 and PM!0 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions ofthe permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensableparticularmatter to be included. (ii) Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality3745-31-01 39

standardhas beenpromulgated. Precursors identified for pumoses ofnew sourcereview are the following: (a) VOCs andnitrogen oxides are precursorsto ozone in all ozone attainment andunclassifiable areas. (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. (c) Nitrogen oxides are aprecursorto PM2.5 in all attainment and unclassifiable areas. (b) Any pollutant that is subject to any standard promulgated under Section Ill ofthe CleanAirAct; (c) Any Class I or II substance subject to a standard promulgated under or establishedbyTitle VI ofthe Clean AirAct; 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) ofthe Clean Air Act, which have not been delisted pursuant to Section 112(b)(3) ofthe Clean Air Act, are notregulated NSR pollutants unless the listed HAP is also regulated as a constituent or precursor of a generalpollutantlistedunder Section 108 ofthe Clean AirAct. (GGGGG)COOOOO) "Replacement unit" means an emissions unit for which all the criteria listed underthis paragraph are met. No creditable emission reductions shall be generated from shutting down the existing emissions unitthat is replaced. (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the emissions unit completely takes the place of an existing emissionsunit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) The replacement does not alterthe basic designparameters ofthe process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operationby a permit that is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new

### 3745-31-01 40

emissions unit. (IIHHHH)CPPPPP) 

### "Repowering" means: (1) 

### Replacement ofan 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-firedturbines, integrated gasification fuel cells, or as detennined by the administrator, in consultation with the secretary ofenergy, a derivative ofone or more ofthese 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 oftechnology 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 ofJanuary 1, 1991, by the department ofenergy. (3) The director shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis rule and is granted an extension under Section409 ofthe Clean Air Act. f±HH1COQQQQ) 

### "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 oftechnically trained personnel and is not engaged in the manufacture ofproducts for sale or exchange for commercialprofit, except in a de minimis manner.**~(RRRRR)** 

### "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 ofthe imprint.**(~'CKKK)(SSSSS)** 

### "Secondary emissions" means emissions that occur as a result ofthe construction oroperation ofamajor stationary source or major modification, butdo not come from the major stationary source or major modification itself. For the pnrpose 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 ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include3745-31-01 41

any emissions that come directly from a mobile source, such as emissions from the tailpipe ofamotor vehicle, from a train or from a vessel. CTTTTT) "Semi-public disposal system" means a disposal system which treats the sanitary sewage discharged from publicly or mivately owned buildings or place of assemblage. entertainment. recreation, education. correction. hospitalization. housing or employment, butdoes notinclude a disposal system whichtreats sewage in amounts ofmore than twenzy-five thousand gallons per day; a disposal system for the treatment ofsewage that is exempt from the requirements ofdivision (F) of section 6111.04 of the Revised Code: or a disposal system for the treatment of industrial waste. (LLLLL)CUUUUU) "Significant air contaminant source" or "significant air contaminant source project" means any air contaminant source, or air contaminant source project, that emitsthe following: (1) Greater than one hundred tons per year of any of the following mr contaminants: (a) Pffi'tieHlate mafteF; eFPM10. Cb) PM2.5. tfr)W Sulfurdioxide;-eF. fe)@Nitrogen oxides;-eF.

(2) Greaterthan one thousand tons peryearofcarbon monoxide;-eF. (3) Greaterthan two tons peryearoflead.**(MM~1MM)(VVVVV)** (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 thatwould equal orexceed any ofthe following rates: AirPollutant EmissionRate (Ton/Yr) Carbon monoxide 1003745-31-01 42

Nitrogen oxides 40 Sulfurdioxide 40 Particulatematter 25 P!H'!iettla!e ffit!!!ef less !flatt !eftffitefeBsPM 1 0 15 PM2.5 10 (ofdirect PM2.5 emissions); 40 (sulfur dioxide emissions); 4Q (nitrogen oxides emissions) Ozone (VOCs or nitrogenoxides) 40 Lead 0.6 Fluorides (excludinghydrogenfluoride) 3 Sulfuric acid mist 7 Hydrogen sulfide 10 TRS 10 RSCs 10 NMOCs from municipal waste landfills 50 (a) Municipal waste combustor organic (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 grams per year (0.007055 poundsperyear). (b) Municipal waste combustor metals (measured as particulate matter): fourteen megagrams per year (fifteen tons peryear). (c) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): thirty-six megagrams peryear (forty tons peryear). (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 (MMM}.l-M)(l) (VVVVV)O) of this rule does not list, any emissionrate.3745-31-01 43

(3) Notwithstanding paragraph (MMMMM)(l) (VVVVV)(I) of this rule, "significant" means any emission rate or any net emissions increase associatedwith a major stationary source ormajormodification thatwouldbe 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-fourhour average). 

### (HHHJ>TN)CWWWWW) "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions thatis significant, as defined in this rule, for that pollutant. (OOOOO)(XX:XXX) "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 MACT source such that the source could be controlledusing the same controltechnology. (PPPPP)(YYYYY) "Soil-liquid extraction remediation activities" means soil remediation activities thatuse aprocess for physically separating (extracting) groundwaterfrom soils contaminated with low levels oforganic species or other pollutants that are moderately soluble in an aqueous phase using atrench 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 ofthe trench for further treatment to separatethe soluble contaminants from the water and to destroy the contaminants in an airpollution control system. (QQQQQ)!ZZZZZ) "Soil-vaporextractionremediation activities" means soil remediation activities that use aprocess for physically separating (extracting) contaminates that are VOCs and semivolatile organic compounds from unsaturated soils byplacing a porous tube (or tubes) under vacuum inthe contaminated soil, and when a vacuum is drawn on the tube, vapor and some groundwater are drawn into the tube. The vapors collectedthrough the vacuum system are then sentto an air pollution control system to destroy the organic contaminants. (RRRRR)CAAAAAA) "Stationary source" means all ofthe emissions units thatbelong 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 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 ofthe same industrial grouping ifthey belong to the same major group (i.e., that have the same two-digit code) as described in the "StandardIndustrial ClassificationManual."3745-31-01 44

CBBBBBB) "Sm;plus" means emtsswn reductions made below an applicable source baselinewhich conform to the following: (1)Are below allowable emissionrates. (2) The state of Ohio has not relied on the emission reduction in a required attainment demonstration of a national ambient air quality standard or a demonstration ofreasonable furtherprogress. (3) The director has not relied on the emission reduction in issuing any permit underthis chapter. (4) Is notrequired by any applicable laws. Emission reductions can be used for offsets or emission reduction credits to the extentallowedunder state or federal law. (SSSSS)CCCCCCC) "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 withthe 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. (TTTTT)(DDDDDD) "Temporary source" means any new source ofair contaminants or modification ofan air contaminant source, thatis sl±Bjeette a 'NritteR Eleelaratien**ll~·** the Sjlerffier te the Elireeter that tfie air eeR!!lffliRaf!t set!Fee which will cease operation, be relocated, or obtain a new permanent pennit-to-install within two years ofthe Elfaft efElee!arffiieR beginning operation. (UUUUU)CEEEEEE) "TitleI modification" means any modification under Section 111 or 112 ofthe Clean Air Act and any major modification under Parts CorD ofTitle I ofthe CleanAir Act. (VYVVV)CFFFFFF) "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. (GGGGGG) "Truck" means evezy motor vehicle. except trailers and semitrailers. designed and used to camproperty and having a gross vehicle weightrating often thousandpounds or less.3745-31-01 45

(WW\V'NW)CHHHHHH) "J.!glm3" er "ftg/effi" means microgrampercubic meter. (XXXXX)(IIIIJI) "Volatile organic compounds" or "VOC" shall have the same meaning as defined inrule 3745-21-01 ofthe Administrative Code. (YYYYY)(JJJJJJ) "Water-based ink/coating/adhesive" means an ink, coating or adhesive with aVOC content less than or equal to tenpercentbyweight as applied. (2':2':2':2':2':)(KKKKKK) "Water-borne" means a material in which the water content ofthe volatile fraction is atleastninety-five percentbyweight. (AAAAAA)(LLLLLL) Inesfj'!Sf!Hisn 

### 19y refereneeReferenced materials. This chapter includes references to certain subject matter or materials. The text of the inesfj'!sr!Hed referenced materials is not included in the regtti!Hisns rules contained in this chapter. Information on the availability ofthe referenced materials as well as the date ofand/or the particular edition or version ofthe material is included in this rule. The H'l!Herifrls BTe herel9y f!1ade a flat't sfthe regtti!Hisns in this ehafller. For materials subjectto change, only the specific version specifiedin the regttlatien this rule are ineefj'!erated referenced. Material is il!eefj'!sr!Hed referenced as it exists on the effective date ofthis rule. Except for subsequent annual publication ofexisting (unmodified) Code ofFederal Regulation compilations, any amendment orrevision to a referenced document is not ineefj'!er!Hed referencedunless and until this rule has been amended to specify the new dates. (I)Availability. Thereferenced materials inesfj'!sr!Hed 

### 19y referenee 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 Pem1sylvania Ave. NW, mail code 2222A, Washington, D.C. 20460-0001," by calling 1-800-367-1044, or by visiting their web site at htlfl:,\4w'WW.Sfla.**ge>l envirs/lT~ml/airs/airs** _EJ:ttefJ'.htffil http://www.epa.govIenviro/facts/afs/search.html. (b) California air resources board (CARB) certification. Infonnation and copies ofexecutive orders, approval letters, equipment advisories, and equivalent test procedures may be obtained by writing to: "California Air Resources Board, Monitoring and Laboratory Division, P.O. Box 2815, Sacramento, CA, 95812-2815" orby calling (916) 327-0900. The full text of all CARB certification documents are also available m electronic format at http://www.arb.ca.gov/vapor/vapor.htm.3745-31-01 

### 46

(c) Chemical abstract service (CAS). Information can be obtained by writing to: "Chemical Abstract Service, 2540 Olentangy River Road, Columbus, Ohio, 43202," orbyvisiting theirweb 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 NW Corporate Blvd., Boca Raton, Florida, 33431 ", by calling 1-800-272-7737, or at hti;p://www.crcpress.com/. A copy ofthis book is also available for inspection and eef!yittg l!§!;. at most public libraries and "The State Library ofOhio." (e) Clean Air Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act as !lffiettaed itt 

### +99G is also available in electronic format at www.epa.gov/oar/caa/text.htrnl. A copy ofthe act is also available for inspection and eef!yiRg use at most public libraries and "The State Library ofOhio." (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, PA 15250-7954." The full text of the CFR IS also available m electronic fonnat at httf!:Nwww.gf!eaeeess.ge•defr/ittaelLfttffil http://www.ecfr.gov. The CFR compilations are also available for inspection and eef!ying use at mostpublic libraries and "The State Library ofOhio." (g) Compilation of air pollutant emission factors, AP-42. Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe compilation ofair 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 eef!yiRg use atmostpublic libraries and "The State Library ofOhio." (h) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Information and copies may be obtainedby writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe act is also available in electronic format at l!ttj9:/iv;ww4.1aw.eefftel!.eatt/ttseede'q2/ehl03.htffil hti;p://www.epa.gov/lawsregs/laws/cercla.htrnl. A copy ofthe act is also available for inspection and €6fl)'ittguse at most public libraries and3745-31-01 47

"The State Library ofOhio." (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 maybe obtainedby writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe act is also available in electronic format at 

### lffitl:NvnrN.aeffi}31iRgl&.v.eeffi,(eases/f]3a.lltB'! http://www.fws.gov/laws/lawsdigest/fedpowr.html. A copy ofthe act is also available for inspection and eeflyiRg yg;_ at most public libraries and "The State Library ofOhio." (k) Federal Register. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." Online access to the Federal Register is available at Rttfl:/!www.gtJeEteeess.gff'>'iRarEt/iRaelt.fttffil http://www.gpo.gov/fdsys!browse/collection.action?collectionCode-FR. A copy of the Federal Register is also available for inspection and eetJyiRg use atmostpublic libraries and "The StateLibrary ofOhio." (l) 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 athttp://www.epa.gov/grtlakes!bns/. (m) Integrated risk management system (IRIS). Infonnation can be obtained by writing to: "IRIS Hotline, c/o EPA Docket Center, Mail Code 28221T, EPA-West Building, 1301 Constitution Avenue NW, Washington, DC 20005," by calling 1-202-566-1676, or by visiting their web site athttp://www.epa.gov/iris/index.html. (n) North American Electric Reliability Cm;poration Reliability Standard EOP-002-3. Information can be obtained by writing to: "NERC. Washington Office, 1325 G Street. NW Suite 600. Washington. DC 20005-3801." by calling 1-202-400-3000. or by visiting their website at http://www.nerc.com/files/EOP-002-3.pdf. 

## W.(Q) North American industry classification system (NAICS). Information and copies may be obtained by contacting the national technical3745-31-01 48

information service at 1-800-553-6847. The codes are also available in electronic format at 'NWw.eeastts.gev/efletl/vi'.vVIILfiaies.fl!ml www.census.gov/eos/www/naics.html. fej.(p} Recommended policy on control of volatile organic compounds. Information and copies ofthe federal registernotice maybe obtainedby writing to: "Superintendent ofDocuments, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The federal register notice is also available for inspection and eejlyiag use at most public libraries and "The StateLibrary ofOhio." ijl1(gl Resource Conservation and Recovery Act (RCRA). Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh, PA 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 eejlyiag use at most public libraries and "The State Library ofOhio." 

## W.W Standard industrial classification manual (SICM). Information and copies may be ordered by writing to: "U.S. Department ofCommerce, Technology Administration, National Technical Information Service, Springfield, Virginia, 22161" orby calling 1-800-553-6847. A copy of the act is also available for inspection and eejlyiag use at most public libraries and "The State Library ofOhio." 

### f¥1WUnited States Code (USC). Information and copies may be obtained by writing to: "Superintendent ofDocuments, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text ofthe United States Code IS also available m electronic format at hl±fl:Nvnni4.l&w.eemell.etltt1fseeaei http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode-USCODE. The Y:-&8 

### .!.IS£ compilations are also available for inspection and eejlyiaguse atmost public libraries and "The State Library ofOhio." (2) Iae6fj36faleaReferenced materials: (a) I USC 3; "General Provisions, "Vessel" as including all means ofwater transportation;" published January 19, 2004 3. 2007 in 8tlfl!Jlemefil III ef!he 2000the 2006 Edition ofthe United States Code. (b) 30 CFRPart 7; "Testingby Applicant or Third Party;" as published in the July 1, 200+ 2012Code ofFederalRegulations.3745-31-01 49

(c) 30 CFR Part 36; "Approval Requirements for Permissible Mobile Diesel-Powered Transportation Equipment;" as published in the July 1, ;),OO;Z 2012CodeofFederalRegulations. (d) 30 CFR Part 56; "Safety and Health Standards--Surface Metal and Nonmetal Mines;" as published in the July 1,**~** 2012 Code of FederalRegulations. (e) 30 CFR Part 57; "Safety and Health Standards--Underground Metal and Nonmetal Mines;" as published in the July l,**~** 2012 Code of FederalRegulations. (f) 30 CFR Part 70; "Mandatory Health Standards--Underground Coal Mines;" as published in the July 1,**~** 2012 Code of Federal Regulations. (g) 30 CFR Part 75; "Mandatory Safety Standards--Underground Coal Mines;" as published in the July 1,**~** 2012 Code of Federal Regulations. (h) 40 CFR 51.165; "Pennit requirements;" 51 FR 40669, Nov. 7, 1986, as amended at 52 FR 24713, July l, 1987; 52 FR 29386, Aug 7, 1987; 54 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,: 70 FR 71698. Nov. 29, 2005: 72 FR 24077. May 1. 2007: 72 FR 32528 June 13, 2007: 72 FR 72616. Dec. 21. 2007: 73 FR 28347, May 16.2008 (i) 40 CFR 51.166; "Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, Prevention of significant deterioration of air quality;" as published in the July I,**~** 2012 Code of Federal Regulations. G) 40 CFR 52.21; "Approval and Promulgation of Implementation Plans, Prevention of significant deterioration of air quality;" as published in the July 1,**~** 2012 Code ofFederal Regulations. (k) 40 CFR 60.!5(b)(l); "Standards of Performance for New Stationary Sources- Reconstruction;" 40 FR 58420, Dec. 16, 1975. (1) 40 CFR 60.111b; "Standards ofPerformance for Volatile Organic Liquid3745-31-01 50

Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984

- Definitions;" 52 FR 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 60.4211: "What are my compliance requirements if I am an owner or operator of a stationary CI internal combustion engine?:" 71 FR 39172. July II. 2006. as amended at 76 FR37970. June 28. 2011.78 FR 6695. Jan. 30.2013. (o) 40 CFR 60.4231: "What emission standards must I meet if I am a manufacturer ofstationary SI internal combustion engines or equipment containing such engines?:" 73 FR 3591. Jan. 18. 2008. as amended by 73 FR 59175 Oct. 8 2008· 76 FR 37973 June 28 2011 78 FR 6695 Jan. 30. 2013. (p) 40 CFR 63.6640: "How do I demonstrate continuous compliance with the emission limitations and operating limitations?:" as published in the July I. 2013 Code ofFederal Regulations W:(q) 40 CFR 81.336; "Designation of Area for Air Quality Planning Purposes- Ohio;" as published in the July 1,**~** 2012 Code ofFederal Regulations. te-)(!:). 40 CFR 87.1(a); "Control ofAir Pollution From Aircraft and Aircraft Engines, Definitions;" 47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984; 62 FR25365, May 8, 1997. 

## WW 40 CFR 89.2; "Control ofEmissions 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 FR73331, Dec. 29, 1999; 67 FR 68339, Nov. 8, 2002; 69 FR 39212, June 29, 2004: 70 FR 40444. July 13. 2005: 72 FR53126. Sept. 18. 2007. 

## Will 40 CFR 92.907; "Control of Air Pollution From Locomotives and Locomotive Engines, Non-locomotive-specific engine exemption;" 63 FR 18998, Apr. 16, 1998; as amended at 70FR40457, July 13,2005.3745-31-01 51**~ill,)** 40 CFRPart 50, Appendix J; "Reference Methodfor the Determination ofParticulate Matter as PMlO in the Atmosphere;" 36 FR 22384, Nov. 25, 1971; 52 FR 24664, July 1, 1987; 52 FR 29467, Aug. 7, 1987. Cvl 40 CFR Part 50. Appendix L; "Reference Method for the Determination ofFine Particulate Matter as PM2.5 in the Atmosphere;" 62 FR 38714. July 18. 1997. as amended at 64 FR 19719. Apr. 22. 1999; 71 FR 61226. Oct. 17.2006. tsiD:Y} 40 CFR Part 51; "Requirements for preparation, adoption, and submittal ofimplementation plans;" as published in the July 1,**~** 2012 Code ofFederalRegulations. 

### tf1W 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 FR28054, May 30, 1995; 62 FR 32502, June 16, 1997;..11 FR 55123. Sept. 21. 2006; 73 FR 30779. May 29.2008. 

### ft;1.(y} 40 CFR Part 51, Appendix S, Sections I through VI; "Emission Offset Interpretive Ruling;" 36 FR22398, 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, Aug 7, 1987; 54 FR 27285, 27299, June 28, 1989; 57 FR 3946, Feb. 3,**1992~** 70 FR71702 Nov. 29 2005· 72 FR 10373 Mar. 8 2007· 72 FR24077 May 1. 2007; 72 FR 72616. Dec. 21. 2007; 73 FR 28348. May 16. 2008. f¥t.(z} 40 CFR Part 51, Appendix W; "Guideline on Air Quality Models;" 6& FR Jgqqg, 

### Arr. 15,2003 70 FR 68228. Nov. 9 2005.**~** 40 CFR Part 51, SubpartI; "Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, Subpart I

-- Review ofNew Sources and Modifications;" as publishedinthe July 1,**~** 2012 Code ofFederalRegulations. 

### Wl..!2l2l 40 CFR Part 52; "Approval and promulgation of implementation plans;" as published in the July 1, 200+ 2012 Code of Federal Regulations.3745-31-01 52

(:yj!££} 40 CFR Part 53; "Ambient Air Monitoring Reference and Equivalent Methods;" as published in the July 1,**~** 2012 Code of Federal Regulations.**~(dd)** 40 CFR Part 58, Appendix B; "Quality Assurance Requirements for Prevention ofSignificant Deterioration (PSD) Air Monitoring;" 44 FR 27571, May 10, 1979; 44 FR 65070, Nov. 9, 1979; 44 FR 72592, Dec. 14, 1979, as amended at 46 FR44168, 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.**fatt1~** 40 CFR Part 60; "Standards of Performance for New Stationary Sources;" as published in the July 1,**~** 2012 Code of Federal Regulations. 

## fl*Bf.ID 40 CFR Part 60, Appendix A; "Test Methods

- Standards of Performance for New Stationary Sources;" as published in the July l,**~** 2012 Code ofFederalRegulations.**~(gg}** 40 CFR Part 60, Appendix B; "Performance Specifications;" 48 FR 13327, Mar. 30, 1983 and 48 FR 23611, May 25, 1983, as amended at 48 FR 32986, July 20, 1983; 51 FR 31701, Aug. 5, 1985; 52 FR 17556, May II, 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: 71 FR55127. Sept. 21.2006: 72 FR 32767. June 13.2007: 72 FR51527. Sept. 7 2007: 72 FR 55278. Sept. 28. 2007. ft!d1(hh) 40 CFR Part 60, Subpart I; "Standards ofPerformance for Hot Mix Asphalt Facilities;" 39 FR 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.**~Gil** 40 CFR Part 60, Subpart J; "Standards ofPerformance 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 FR23611, May 25, 1983; 50 FR 31701, Aug. 5, 1985;3745-31-01 53

51 FR42842, Nov. 26, 1986; 52 FR20392, June I, 1987; 53 FR41333, Oct. 21, 1988; 54 FR 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· 71 FR 55127. Sept. 21.2006: 73 FR35865. June 24. 2008. fff).(ill 40 CFR, Part 60, Subpart De; "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: 72 FR32759. June 13. 2007. ti;g7(k:k) 40 CFR Part 60, Subpart AAA; "Standards ofPerfonnance 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. (-llla1(ill 40 CFR Part 60, Subpart 000; "Standards of Perforn1ance for NonmetallicMineral ProcessingPlants;" 51 FR31337, 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. Cmm) 40 CFR Part 60. Subpart IIII: "Standards ofPerformance for Stationary Compression Ignition Internal Combustion Engines:" as published in the July I. 2012 Code ofFederal Regulations. (nn) 40 CFR Part 60. Subpart JJJJ: "Standards ofPerfonnance for Stationary Spark Ignition Internal Combustion Engines:" as published in the July I. 2012 Code ofFederal Regulations. (oo) 40 CFR Part 63. Subpart ZZZZ: "National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines:' as published in the July I. 2012 Code ofFederal Regulations. 

## WUml 40 CFR Part 61; "National Emission Standards for Hazardous Air Pollutants;" as published in the July 1,**~** 2012 Code of Federal Regulations. @.(gg) 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. 23,3745-31-01 54

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 FR43324, July 20, 2004.**~(rr)** 40 CFR Part 63; "National Emission Standards for Hazardous Air Pollutants for Source Categories;" as publishedin the July I, 

### ;ww. 2012 Code ofFederalRegulations. 

## t±l7i.§s.l 40 CFR Part 89; "Control of Emissions From New and In-Use Nonroad Compression-Ignition Engines;" as published in the July 1, 

### ;ww. 2012 Code ofFederalRegulations.**~00** 40 CFR Part 92; "Control ofAir Pollution From Locomotives and Locomotive Engines;" as published in the July 1, 

### ;ww. 2012 Code of Federal Regulations.**~** 42 USC 7401 to 767lq; "The Public Health and Welfare-Air Pollution Prevention and Control;" published January 19, 2004 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United States Code; as amended JBi11iffi'J' 23, 2004, Ptte. L. 108 199, see, 425(a) fr!1a see. 428(8), 118 Stat. 4!7 418December 19 2007 Pub. L. 110-140 sec 201. 202. 203Cfl. 204. 208. 209. 210(a). 210(b). 210Cc). 247. and 251. 121 Stat. 1519. 1521. 1529. 1531. 1532. 1547. and 1548. fee1(vv) 42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" publishedJanuary 19, 2004 £, 2006 in Supplement HI V of the 2000 Edition of the United States Code.**~(ww)** 42 USC 7412(h); "Hazardous air pollutants, Work practice standards and other requirements;" published January 19, 2904 2. 2005 in SupplementHIV ofthe 2000 Edition ofthe United States Code.**~** "Chemical Rubber Company (CRC) Handbook of Chemistry and Physics," &§#; 89th Edition, 2004 2GG5 2008-2009 as published on June 17. 2008. tH)OO)_ Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 12l(e); contained in 42 USC 9621; "Cleanup standards;" publishedJanuary 19, 2GG42. 2006 in Supplement HIV ofthe 2000 Edition ofthe United States Code.3745-31-01 55**~(zz)** Federal Power Act; contained in 16 USC 791 to 828c; "Federal Regulation and Development ofPower;" published January 19, 2904 2., 2.QQQ in Supplement 

### m V of the 2000 Edition of the United States Code.**~(aaa)** New source performance standards; contained in 42 USC 7411; "Standards of perfonnance for new stationary sources;" published January 19, 2004 2. 2006 in Supplement HI V ofthe 2000 Edition of the United States Code. (bbb) North American Electric Reliabi1itv Cm;poration Reliabilitv Standard EOP-002-3: "Capacity and Energy Emergencies:" adopted August 5. 2ill..Q.,**~(ccc)** Part C ofTitle I ofthe Clean Air Act; contained in 42 USC 7470 to 7492; "Prevention of Significant Deterioration of Air Quality;" published January 19, 2004 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United States Code.**~(ddd)** PartD ofTitle I ofthe Clean Air Act; containedin 42 USC 7501 to 7515; "Plan Requirements for NonattainmentAreas;" publishedJanuary 19, 2004 2. 2006 in SupplementHIV ofthe 2000 Edition ofthe United States Code. fww1(eee) RCRA Subtitle D; contained in 42 USC 6941 to 6949a; "Resource Conservation and Recovery Act, State or Regional Solid Waste Plans;" published January 19, 2004 2. 2006 in Supplement 

## m V ofthe 2000 Edition ofthe United States Code.**~** Recommended policy on control ofvolatile organic compounds; 42 FR 35314, July 8, 1977. 

### 6'J'1£gggl 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, supplement D, last re•<'iseEI Jooe 2004as published July. 1998.**~** 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 ofthe 2000 Edition ofthe United States Code.3745-31-01 56

fa;tfr1Ciii) Section 107(d) ofthe Clean Air Act; contained in 42 USC 7407; "Air Quality Control Regions-Designations;" published January +9;- ;t004 2. 2006 in Supplement 

### ±H V ofthe 2000 Edition ofthe United States Code.**~J]j),** Section 108 ofthe Clean Air Act; contained in 42 USC 7408; "Air quality criteria and control techniques;" published January 19,**299~** 

### £. 2006 in Supplement 

### ±H V of the 2000 Edition of the United States Code.**~Section** 109 of the Clean Air Act; contained in 42 USC 7409; "National primary and secondary ambient air quality standards;" published January 19, 2994 2.2006 in Supplement IH V of the 2000 Edition ofthe United States Code. 

### ft*!d1QID Section 110 ofthe Clean AirAct; contained in42 USC 7410; "State implementation plans for national primary and secondary ambient air quality standards;" published January 19, 2994 2. 2006 in Supplement 

### ±HVofthe 2000 Edition ofthe United States Code. feee1Cmmm) Section 111 ofthe Clean Air Act; contained in 42 USC 7411; "Standards of performance for new stationary sources;" published January 19,**299~** 2. 2006 in Supplement 

### ±H V ofthe 2000 Edition of the United States Code. tff!1Cnnn) Section 112 of the Clean Air Act; contained in 42 USC 7412; "Hazardous Air Pollutants;" published January 19, 2994 2. 2006 m Supplement

### ±HV ofthe 2000 Edition ofthe United States Code. 6;gg1(ooo) Section 112(b) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants- List of pollutants;" published January +9;- ;t004 2. 2006 in Supplement IH V ofthe 2000 Edition ofthe United States Code.**~Um.!l.l** Section 112(c) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants

- List of source categories;" published January 19,**299~** 2. 2006 in Supplement 

### ±H V ofthe 2000 Edition of the United States Code.**~** Section 112(d) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Emission standards;" published January +9;- ;t004 2. 2006 in Supplement 

### ±H V ofthe 2000 Edition ofthe United3745-31-01 57

States Code. ti:iilim). Section 112(h) of the Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Work practice standards and other requirements;" publishedJanuary 19, 2004 2. 2006 in Supplement

## mV ofthe 2000 Edition ofthe United States Code. fkJ41(sss) Section 112(j) ofthe Clean Air Act; contained in 42 USC 7412; "Hazardous air pollutants-Equivalent emission limitation by pennit;" published January 19, 2004 2. 2006 in Supplement 

## m V ofthe 2000 Edition ofthe United States Code. 

## tHB!.!.tU Section 112(1) of the Clean Air Act; contained in 42 USC 7412; "Hazardous Air Pollutants;" published January 19, 2004 2. 2006 in Supplement

## mV ofthe 2000 Edition ofthe United States Code. (ffiffiffi)(uuu) Section 113 ofthe Clean Air Act; contained in 42 USC 7413; "Federal enforcement;" published January 19, 2004 2. 2006 in Supplement

### m V ofthe 2000 Edition ofthe United States Code.**~(vvv)** Section 12l(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 2. 2006 in Supplement

## m V ofthe 2000 Edition of the United States Code. 

### feee1Cwww) Section 125 ofthe Clean Air Act; contained in 42 USC 7425; "Measures to prevent economic disruption or unemployment;" published January 19, 2004 2. 2006 in Supplement 

## m V ofthe 2000 Edition ofthe United States Code.**~(JQQ0** Section 173 of the Clean Air Act; contained in 42 USC 7503; "Permit requirements;" published January 19, 2004 2. 2006 in Supplement

## mV ofthe 2000 Edition ofthe United States Code. (yyy) Section 171 of the Clean Air Act; contained in 42 USC 7501: "Definitions:" published Januazy 2. 2006 in Supplement V ofthe 2000 Edition ofthe United States Code**~(zzz)** Section 182(c) ofthe Clean Air Act; contained in 42 USC 75lla; "Plan submissions and requirements-Serious Areas;" published January 19, 2004 2. 2006 in Supplement

### H± V ofthe 2000 Edition ofthe United States Code.3745-31-01 58

(ffft(aaaa) Section 182(f) ofthe Clean Air Act; contained in 42 USC 7511a; "Plan submissions and requirements-NO requirements;" published January 19, 2004 2. 2006 in Supplement

## ft:J: V ofthe 2000 Edition of the United States Code.**~** Section 189 ofthe Clean Air Act; contained in 42 USC 7513a; "Plan Provisions and Schedules for Plan Submissions;" published January 19, 2004 2. 2006 in Supplement .J.H V ofthe 2000 Edition of the United States Code. f#t1Ccccc) 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 2 2006 in Supplement .J.H V of the 2000 Edition ofthe United States Code.**~(dddd)** Section 216 ofthe Clean Air Act; contained in 42 USC 7550; "Motor Vehicle Emission and Fuel Standards- Definitions;" published January 19, 2004 2. 2006 in Supplement .J.H V ofthe 2000 Edition of the United States Code.**~Ceeee)** Section 304 of the Clean Air Act; contained in 42 USC 7604; "Citizen suits;" publishedJanuary 19, 2004 2. 2006 in Supplement .J.H V ofthe 2000 Edition ofthe United States Code. (vRtw)Cffff) Section402(12) ofTitle IV ofthe Clean Air Act; contained in 42 USC 765la; "Definitions;" published January 19, 2004 2. 2006 ill Supplement.J.HV ofthe 2000 Edition ofthe United States Code.**~Cgggg)** Section 409 ofthe Clean Air Act; contained in 42 USC 765lh; "Repowered sources;" published January 19, 2004 2. 2006 ill Supplement .J.HV ofthe 2000 Edition ofthe United States Code.**~(hhhh)** Section 504(a) ofthe Clean AirAct; containedin 42 USC 766lc; "Permit requirements and conditions;" published January 19, 2004 

### L 2006 in Supplement .J.H V of the 2000 Edition of the United States Code.**~** Standard industrial classification manual. United States. Office of management andbudget. Last amended 1988.**~iliiil** Title II ofthe Clean Air Act; contained in 42 USC 7521 to 7590;3745-31-01 59

"Emission Standards for Moving Sources;" published January 19, 2QQ4 2. 2006 in Supplement HI V ofthe 2000 Edition ofthe United States Code; as Elll'lefleea JElflHEll)' 23, 2QQ4, Pt4. L. 198 199, see. 428(19), 118 &at December 19. 2007. Pub. L. 110-140. sec 201. 202. 203(f). 204. 208. 209. 210(a). 210Cbl. 210(c). 247. and 251. 121 Stat 1519. 1521. 1529. 1531. 1532. 1547. and 1548. (eeee)(kkkk) Title IV ofthe Clean Air Act; contained in 42 USC 7651 to 7651o; "Acid Deposition Control;" published January 19, 2QQ4 2. 2006 in SupplementHI V ofthe 2000 Edition ofthe United States Code. 

## teeee7illill Title VI ofthe CleanAirAct; containedin 42 USC 7671 to 7671q; "Stratospheric Ozone Protection;" published January 19, 2QQ4 2. 2006 in SupplementHI V ofthe 2000 Edition ofthe United States Code. (ddaa)(mmmm) USEPA 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, 

### ;ww. 2012 Code of FederalRegulations.3745-31-01

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05119/2014 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective Dates: 60

05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F), 3704.03(G) 3704.03(A), 3704.03(F), 3704.03(G) 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, 611/94, 4112/96, 4/27/98, 9/25/98, 11/30/01, 10/17/03, 10/28/04, 11/03/06, 12/01/06, 12/14/073745-31-02 Applicability, requirements, aud obligations.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see tl!e "Ifiesf!3SFatisn 

### lly Refurenee" seetisB at tl!e eBa sfmle 3745 31 01 sftl!e AffiniBistrfitive Csae paragraph CLLLLLL) ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials".] This chapter provides requirements for installation, modification and operation ofnew and existing air contaminant sources at facilities that are not subject to Chapter 3745-77 ofthe Administrative Code. This chapter also provides requirements for installation and modification ofair contaminant sources at facilities that are, orwill be, subjectto Chapter 3745-77 of the Administrative Code. The operating requirements for air contaminant sources, defmed as Title V sources, can be found in Chapter 3745-77 of the Administrative Code. [Comment: Prior to tl!e effeetive Elate sf tl!is mle June 30. 2008, requirements for permits-to-operate for sources not subjectto Chapter 3745-77 ofthe Administrative Code were contained in Chapter 3745-35 ofthe Administrative Code. UJ9Bll tl!e effeeti'te aate sf tl!is ruleOn June 30. 2008, Chapter 3745-35 was rescinded and all operating requirements for sources at facilities not subjectto Chapter 3 745-77 ofthe 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 ofthe 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 of the Administrative Code provides the on-going regulatory requirements for sources at facilities not subject to Chapter 3745-77 ofthe 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 ofthe Administrative Code. Rule 3745-31-09 ofthe Administrative Code provides for operation or other use ofan air contaminant source that emits any air pollutant under a variance. This provision was previously established in the now rescinded rule 3745-35-03 ofthe Administrative Code. Rule 3745-31-29 ofthe Administrative Code provides for general permits-to-install and general PTIOs. Ruie 3745-31-33 of the Administrative Code identifies activities that are included and excluded from meaning of begin aetna! construction, as defined in rule 3745-31-01 ofthe Administrative Code. The remaining rules in this chapter, rules 3745-31-10 to 3745-31-28 and rules 3745 31 30 ts rule 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 defmed in rule 3745-31-01 of the Administrative Code. Installation or modification ofair 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 ofsources are contained in Chapter 3745-77 of the Administrative Code.]

### 3745-31-02 

### 2

(A) Permit-to-install orPTIO (1) 

### Except as provided in rule 3745-31-03 ofthe Administrative Code or paragraph (A)(3l of this rule, no person shall cause, permit, or allow #te any of the following: (a) Installation or modification ofany new source that is, or will be, part ofa facility, as defined in Chapter 3745-77 ofthe Administrative Code, and that is required to obtain a Title V permit under Chapter 3745-77 ofthe Administrative Code, without first obtaining apermit-to-install from the**director~.** (b) 

### Installation or modification, and subsequent operation ofany new source that is not part of a facility, as defined in Chapter 3 745-77 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 aPTIO from the**director~.** 

### [Comment: J3Elfftgff!J9ft 

### Paragraph (A)(1)(b) ofthis rule is notintended 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 anew PTIO is issued ordenied.] (c) Operation of any air contaminant source, except as provided in rule 3745-31-08 ofthe Administrative Code, not defined as a new source under rule 3745-31-01 ofthe Administrative Code, that is not part ofa facility, as defined in Chapter 3745-77 ofthe Administrative Code, and that is notrequired to obtain a Title Vpennitunder Chapter 3745-77 of the Administrative Code, without first obtaining authority to operate through issuance ofaPTIO from the director, which may include any of the following: (i) Requirements for equipping the air contaminant source with instrumentation and sensing devices to monitor and record emission data and other information aboutthe operation ofthe air contaminant**sourc~.**3745-31-02 3

(ii) Requirements for performance tests thatdemonstrate thatthe source is in compliance with applicable emission limitations and other applicable laws, at the applicant's expense, in accordance with methods prescribedbythe Ohio environmentalprotection agency. The Ohio environmental protection agency, or its representatives, may observe, participate in, or conduct any perfonnance test required. (2) An owner or operator who currently holds a permit-to-install fllffitef 

### m: permit-to-operate for an air contaminant source whichpermitwas issuedprior to the effective date of this rule, may be issued a PTIO for the same air contaminant source. The director may require the owneror operator ofthe air contaminant source submit an updated application for the PTIO. Upon final issuance ofthe PTIO, any permit-to-installfllffitef orpermit-to-operate for the air contaminant source will be superseded by the issuance ofthe PTIO. The supersededpermits willterminate and cease to be enforceable. (3) No installation permit shall be required for activities that are subject to and in compliance with a plant-wide applicability limit issued by the director in accordance withrule 3745-31-32 ofthe Administrative Code. (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 chapterfllffitef

### m: 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 (D) ofrule 3745-31-05 ofthe Administrative Code, orthe imposition ofa federally enforceable limitation, or limitation legally and practicably enforceablebythe state, on the potential to emit that restricts a stationary source's potential to emit below major source thresholds applicable under paragraph (D) ofrule 3745-31-05 ofthe Administrative Code. (I) The following is applicable to an owner or operator who holds a pennit-to-install, permit-to-operate fllffitef 

### m: PTIO where a change subjects the owner or operator to the requirements of Chapter 3745-77 of the Administrative**Code7~** (a) The owneroroperator shall submit a Title V permit application and obtain a Title V permit from the director, as required under Chapter 3745-77 ofthe Administrative Code.3745-31-02 4

(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 ofthe permit required under paragraph (B)(l)(a) of this rule, and, ifapplicable, under paragraph (B)(l)(b) ofthis rule, any permit-to-operate, tffit!ffif ill any tenns and conditions specifically identified in the standard terms and conditions ofa PTIO as no longer enforceable under conditions described in paragraph (B)(l) ofthis rule, will be supersededby the issuance ofthe Title V permit required under paragraph (B)(l)(a) ofthis rule, and, ifapplicable, the permit-to-install required under paragraph (B)(l)(b) of this rule. All superseded permits-to-operate and specifically superseded terms and conditions of a PTIO, will tenninate and cease to be enforceable. As applicable, terms and conditions ofany 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 ofChapter 3 745-77 of the Administrative Code but the change does not exempt the owner or operatorfrom 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 underthis chapter. {Comment: An owneror operatorwith authority to operate under aTitle V permit which subsequently makes a change at the facility that eliminates the applicability of Chapter 3745-77 ofthe Administrative Code is not obligated to obtain a PTIO or FEPTIO if the owner or operator elects to continue to be pennittedunder the Title Vpermit.] (b) Final issuance ofany permit under paragraph (B)(2)(a) ofthis rule does not release the owner or operator from the requirements contained in Chapter 3745-77 ofthe Administrative Code or the owner or operator's active Title V permit, except as expressly released in rule, by order of the director, ora in a federally enforceablepermit. (C) Permanent shutdown ofan air contaminant source subjectto the terms and conditions ofapermit-to-install or**PTIO~** When expressly provided inthe terms and conditions ofapermit-to-install or PTIO,3745-31-02 5

the owner or operator of an air contaminant source that is pennanently 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. Thoseterms 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 ofthe permit. (D) The director, in fiis srfier the director's discretion, may issue an order requiring any person plam1ing to install or modify, or in the process ofinstalling or modifying, any air contaminant source as defined in rule 3745-31-01 of the Administrative Code, that is otherwise exempted, to obtain a permit-to-install or PTIO, before proceeding with installation ormodification, ifin the director'sjudgment, 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. (E) The director, in fiis sr her the director's discretion or where required to do so by federal laws or regulations, may issue a single pennit-to-install or PTIO having applicationto allpollutants ofany 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 fl!lt!fflr or operate under this chapter shall not relieve any owner or operator ofa stationary source ofthe responsibility to comply fully with applicable provisions ofthis chapter and any other requirements under local, state or federal law. (G) Ifany provision ofthis chapter or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall notbe affected thereby.3745-31-02

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01110/2014 and 05/29/2019

119.03 3704.03(F), 3704.03(G) 3704.03(G), 3704.03(F), 3704.03(A) 7/5173, 1/1/74, 11/7/79,6/14/82, 8/15/82, 9/18/87, 4/20/94, 11118/94,4/12/96,4/27/98, 6/18/01, 11130/01, 10/17/03, 10/28/04, 1113/06, 12/01106, 6/30/08 

### 63745-31-04 Applications.

(A) Applications for permits-to-install and PTIOs required by rule 3745-31-02 of the Administrative Code shall contain suchinfonnation as the director deems necessary to determine whether the criteria ofrule 3745-31-05 ofthe Administrative Code are met and shall be made on forms prepared by the Ohio environmental protection agency. (B) Applications for permits-to-install andPTIOs shallbe signedby the following: (1) Inthe case ofa corporation,

## ey a principal executive officer ofat least the level of vice president, or hislfier the duly authorized representative, if such representative is responsible forthe overall operation ofthe**facilityt~** (2) In the case ofapartnership,

## ey ageneral**partner;~** (3) In the case ofsole proprietorship,

## ey the**proprietor;-tlfttl~** (4) In the case ofa municipal, state, federal or other governmental facility, 

## ey the principal executive officer, the ranking elected official, or other duly authorized employee. (C) The signatures shall constitute personal affirmationthat all statements orassertions of fact made in the application are true and complete, comply fully with applicable state requirements, and shall subjectthe signatory to liability under applicable state laws forbidding false ormisleading statements. (D) PTIO applications for grain and feed processing operations and fertilizer mixing**operations~** (1) A single PTIO applicationmaybe submittedfor the following sources: (a) Shellers, hammer mills and aspirated bagging operations and other air contaminant sources subject to rule 3745-17-11 ofthe 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 offugitive dust at grain and3745-31-04 2

feed processing operations or a fertilizer mixing operation and which are subject to rule 3745-17-08 ofthe Administrative Code shall be submitted in accordance with applicable law.3745-31-04

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 3

05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F), 3704.03(0) 3704.03(0), 3704.03(F), 3704.03(A) 1/1/74, 12/5/80,8/15/82,9/18/87, 10/31/96, 10/17/03, 1113/06, 12/1/06, 6/30/083745-31-06 Completeness determinations, processing requirements, public participation, publicnotice, and issuance.

[Comment: For dates and availability of non-regulatory government publications. publications of recognized organizations and associations. federal rules. and federal statutory provisions referenced in this rule. see paragraph (LLLLLL) ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials."] (A) Completeness review time**restriction~** Within sixty days after the director or fiis/fier the director's agent or authorized representative receives an application for the issuance ofapermitto install or PTIO pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code, or an application to modifY such a permit, the director shall determine whether the application is substantially complete or materially deficient and shall notifY the applicant, in writing, ofthe determination. Ifthe director fails to make such a completeness determination and provide written notice ofthe determination to the applicant within sixty days after the application was submitted, the applicant may submit a written request to the director for the making ofsnch a completeness determination. (B) Request for completeness**determination~** Within thirty days after receiving a written request for the making of a completeness determination on an application under paragraph (A) ofthis rule, the director shall determine whether the application is substantially complete or materially deficient and, in writing, notify the applicant of fiis/fier the determination. If the director fails to make a completeness determination and provide written notice offiis/f!er the determination to the applicant within thirty days after receiving the applicant's written request for the making of the determination, the application shall be deemed to have been complete in all material respects at the time that it was submitted to the director or fiis/fier the director's agent or authorizedrepresentative. (C) Materially deficient**applications~** If, within the time prescribed in paragraph (A) and, ifapplicable, paragraph (B) of this rule, the director or fiis,1fler the director's agent or authorized representative determines that an application is materially deficient, the director shall return the application to the applicant. The running ofthe time prescribed under paragraph (A) ofthis rule and, ifapplicable, paragraph (B) ofthis rule ceases at the time that the determination is made. Ifthe applicant subsequently resubmits the application to the director, the time prescribed in paragraph (A) ofthis rule and, ifapplicable, paragraph (B) ofthis rule shall resume running at the time that the application is resubmitted. The resubmission of the application constitutes a request for the making ofa completeness determination on the application. The director shall do3745-31-06 2

one ofthe following within the time remaining pursuant to paragraph (A) and, if applicable, paragraph (B) ofthis rule atthe time that the application is resubmitted: (1) Make a completeness determination on the application and, in writing, notify the applicant ofhis/herthe determination; (2) Issue or deny or proposeto issue orpropose to deny thepermitormodification. (D) Completeness date notification. The director shall include in each written notice of the completeness of an application provided under paragraph (A), (B), or (C)(l) ofthis rule the date on whichthe application was detenninedto be complete. (E) Permitdecision time limits and issuance ordenial. A permit-to-install or PTIO shall be issued, modified or denied and may be challenged in accordance with the provisions ofthe rules ofprocedure ofthe Ohio environmental protection agency, ChBfller 3745 47 Chapters 3745-47 and 3745-49 ofthe Administrative Code. (I) For the purposes ofthis paragraph, "initial construction PTIO" means a PTIO for an air contaminant source that is not currently regulated under a permit-to-install or PTIO. (2) Permit-to-install, initial constructionPTIO, or modification. (a) The director shall issue or deny or propose to issue or deny a permit-to-install or initial construction PTIO pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code, or modification, as defined in rule 3745-31-01 oftheAdministrative Code, of such a permit within one hundred eighty days after the date the application for the permit or modification was determined to be complete as that date is set forth in the written notice of the determination of the completeness of the application provided under paragraph (A), (B), or (C)(!) ofthis rule or within one hnndred eighty days afterthe application is deemed to be completeunderparagraph (B) of this rule, as appropriate. If the director fails to issue or deny or propose to issue or deny the permit or modification within the appropriate one-hundred-eighty-day period, the applicant may bring a mandamus action to obtain ajudgmentthat orders the director to take a final action on the application.3745-31-06 3



### (3) PTIO for air contaminant sources currentlyregulated under apermit-to-install" (a) The directormay issue ordeny orpropose to issue or deny a PTIO, where the applicant holds apreviously issued permit-to-install for the same air contaminant source, pursuant to rules adopted under division (F) of section 3704.03 

### of the Revised Code as expeditiously as practicable, except when the air contaminant source is considered a modification as defined in rule 3745-31-01 

### ofthe Administrative Code. then paragraph (E)(2) 

### ofthis rule shall be applicable.7 (i)**Whet~** ffie aif**est~tamiRaffi** ssmee is**est~sieefee** a mseifieatisR as eefiflee**it~** mle 374§ 31 Gl sf ffie**Aemit~islfative** Csee, then f'at'frgi'liJ9h (E)(2) sfthis ftlle shall ee 1iJ9f'lieaele. 

### (4) Express permit-to-install orexpress PTIO" (a) Within sixty days ofthe receipt ofa complete request, the director shall notify the applicantwhether the air contaminant source will be accepted for express processing of a pennit-to-install or PTIO pursuant to paragraph (G) 

### of rule 3745-31-05 

### of the Administrative Code. Installation or construction of the air contaminant source may commence after sixty days ifthe applicanthas notbeen notified or upon the issuance ofthe express permit-to-install or express PTIO. (b) 

### Within one hundred eighty days after a completed application is filed, the director shall issue or deny or propose to issue or derry an express permit-to-install orexpress PTIO. (5) Administratively modifiedpennit-to-irrstall or PTIO" The director may issue or deny orpropose to issue or deny apermit-to-install or PTIO that meets the definition of an administrative modification in rule 3745-31-01 

### of the Administrative Code. pursuant to rules adopted under division (F) 

### of section 3704.03 

### of the Revised Code. as expeditiously as practicable. (a) The clffeetsf fllay lSStfe Sf eSf17' Sf f'fSf'SSe ts isstte Sf eeRy a f>efffiit ts iRstall Sf PTIO tftat meets tfte eefinitisfl sf ttf} aeminislfative mseifieatisR iR fttle 374§ 31 Gl sftfte Aeminislfative Csee, f'Hfsttaffi ts ftl!es aesj'ltee ttnaef aivisisn (F) ef seetieH 37G4.G3 eftfte Re;·isea Ceee, as eRf>eeitiettsly as f>Faetieaele. 

### (6) Renewal**PTIO~**3745-31-06 4

(a) The director shall issue or deny or propose to issue or deny a renewal PTIO pursuantto rules adoptedunder division (F) ofsection 3704.03 of the Revised Code within one hundred eighty days after the date the application for therenewalPTIO was determinedtobe complete as that date is set forth in the written notice of the determination of the completeness ofthe application provided under paragraph (A), (B), or (C)(l) of this rule or within one hundred eighty days after the application is deemed to be complete under paragraph (B) ofthis rule, as appropriate. Ifthe director fails to issue or deny or propose to issue or deny the renewal PTIO within the appropriate one hundred eighty day period, the applicant may bring a mandamus action to obtain a judgment that orders the director to take a final action on the application. (b) In accordance with division (C) ofsection 119.06 ofthe Revised Code, when an applicant submits a timely and complete renewal application pursuant to applicable law and the terms and conditions ofthe PTIO, the permittee's failure to have a renewed PTIO is not a violation ofthis chapter. Upon expiration ofthe PTIO, the permittee shall continue to operate under the tem1s and conditions of an expired PTIO until issuance ofarenewalPTIOby the director. (F) Extensionofthe permitreviewtimeperiodforthe**public~** The director, upon fiisffier the director's own motion or upon the written request of the applicant and in writing, may extend the time provided under paragraph (E) of this rule for issuing or denying or proposing to issue or deny the permit or modification for an additional sixty days ifa public meeting or public hearing was heldonthe application for thepermitormodification. (G) Extensions ofthepennitreviewtimeperiod for the applicant Upon the written request ofthe applicant, the director, in writing, may extend the time provided under paragraph (E) ofthis rule for issuing or denying or proposing to issue or deny the permit or modification for the additional time specified in the applicant's request for the extension. (H) Publicparticipation/notification**requirements~** The director shall do the following: (1) Notify the public, by advertisement in a newspaper of general circulation in each county in which the proposed air contaminant source would be3745-31-06 

### 5

constructed and operated, ofthe application, the draft action (ifissued), the ambient air impact that is expected from the nonattainmentNSR permit or the PSD permit, if any, and of the opportunity to request a public hearing, comment at that public hearing 

### !lftElfflr or submit written comments on any draft action. This notice shall follow the requirements under Chapter 

### 3745 47 3745-49 ofthe Administrative Code. (2) Send a copy ofthe notice ofpublic commentto the applicant, the administrator of the United States environmental protection agency, and to officials and agencies having jurisdiction over the location where the proposed air contaminant source would bebuilt as follows: (a) Any other state or local airpollution control**agencies;~** (b) The chief executives of the city and county where the air contaminant source would be**located;~** (c) Any comprehensiveregional land useplanning**agency;--t>OO~** (d) Any federal land manager, Indian governing body, or state whose lands may be affected (ffi the Elireetsr's juE!gme£t) by emissions from the air contaminant source ormodification. (3) For all draft action permits-to-install or PTIOs, upon request, provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the air contaminant source, alternatives to it, the control technology required, and other appropriate considerations. (4) Consider all written comments submitted within the period specified in the notice ofpublic comment and all comments received at any public hetH'iRg(s) hearing in making a final decision on the approvability ofthe application. The director shall make all comments available for public inspection. (5) Notify the applicant in writing of the final determination and make such notification available for public inspection. (I)Federal land managernotificationrequirements. For pm;poses ofnew source review ofany new maior stationazy source or major modification that may affect any Class I area and would be constructed in an area that is designated attainment. nonattainment. or unclassified under 40 CFR 81.336. in any review under rule 3745-31-17 ofthe Administrative Code with respect to3745-31-06 6

visibility protection and analysis of a Class I area. the director shall provide the following: (]) Written notification to all affected federal land managers ofany proposed new major stationary source or major modification that may affect any Class I area. Such notification shall be made in writing and include a copy of all information relevant to the permit application within thirtv days ofreceipt of and at least sixty days prior to the public hearing held by the Ohio environmental protection agency on the application for an installation permit. Notifications under this paragraph shall include an analysis ofthe anticipated impacts on visibility in any Class I area. This written notification may be waived with documented approval from all affected federal land managers in advance ofthe sixty dayreview periodpriorto the publichearing. (2) Where the Ohio environmental protection agency receives advance notification (e.g. early consultation with the source prior to submission ofthe application or notification of intent to monitor under rule 3745-31-14 of the Administrative Code) ofa permit application for a source that may affect any Class I area. the director shall notify all affected federal land managers no laterthanthirty days after such advm1ce notification. (3) The director shall consider any analysis performedby the federal land manager. provided within thirty days of the federal land manager application notification and analysis required under paragraph (l)(!) of this rule. demonstrating whether the proposed new major stationary source or major modification has an impact on visibility in any Class I area. Where the director finds that such an analysis does not demonstrate to the satisfaction of the director that an impact on visibility will result in a Class I area. the Ohio environmental protection agency shall either provide an explanation of the finding or give notice as to where the explanation can be obtained in the notice for the publichearing.3745-31-06

Effective: R.C. 119.032review dates:

CERTIFIEDELECTRONICALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F), 3704.03(0) 3704.03(0), 3704.03(F), 3704.03(A) 7/5/73, 111/74, 12/7/78, ll/7/79, 6/14/82, 8/15/82, 9/18/87, 11117/88 (Emer.), 3/9/89 (Emer.), 6/12/89, 10/8/93,4/20/94,10/31/94, 11118/94,4/12/96, 4/27/98, 6/18/01, 11/30/01, 10/17/03, 10/28/04, 11/3/06, 12/l/06, 6/30/08 

### 73745-31-07

(A)**Tennination~** 

### Termination, revocation, expiration, renewal, revision and transfer.

(1) Authorization to install or modify an air contaminant source(s) contained in an issuedpermit-to-install or PTIO shall tenninate within eighteenmonths ofthe effective date ofthe issuance ofthe permit-to-install or PTIO that authorized the installation or modification, ifthe owner or operator has not undertaken a continuing program ofinstallation or modification or has not entered into a binding contractual obligation to undertake and complete within a reasonable time a continuing program of installation or modification of the air contaminant sel:!Fee(s)**~-** (2) The director may administratively modify a permit-to-install orPTIO to extend these dates oftermination by up to twelve months ifthe applicant submits, within a reasonable time before the termination date, a request for an administrative modification, containing information that, in thejudgment of the director, adequatelyjustifies an extension oftime. No appeal taken from denial ofextension ofa tennination date shallpreventtermination ofa permit during the period between denial of extension and final disposition of the appeal unless prohibited by any court or administrative body having jurisdiction overthe matter. (3) A permit-to-install, permit-to-operate orPTIO maybeterminated in accordance with paragraph (A)(2) or (B)(l)(c) ofrule 3745-31-02 ofthe Administrative Code. (B)**Revocation~** (1) The director mayrevoke a pennit-to-install or PTIO, ifthe director concludes at anytimethat any applicable laws havebeen or are likely to beviolated. (2) The director may also revoke, or partially revoke, a pennit-to-install, PTIO or vaiFElftee variance if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation ofany applicable laws. When a pennittee requests a revocation, the director, without prior hearing, shall make a final detennination on the application. (3) Revocation, pursuant to paragraph (B)(l) of this rule, of a pennit-to-install, PTIO orvariance shall be final thirty days after service ofnotice to the penni! holder.**""·---~·-** ....--....**·~---··-·~~~-** '' ··.'-,·r·£ •**'~·** •' ' ; j •' \ '';J4 i

-- ,,,.3745-31-07 2

(4) The Ohio environmentalprotection agency shall afford aprompthearing to any pennitholderwhose permit-to-install or PTIO is revoked, except as described in paragraph (B)(2) ofthis rule, in the manner prescribed in Chapter 3745 47 3745-49 ofthe Administrative Code. (5) A variance issued pursuant to rule 3745-31-09 ofthe Administrative Code may be revoked ifany ofthe following occur: (a) The director determines that any ofthe terms, conditions, standards, or requirements ofrule 3745-31-09 ofthe Administrative Code have been or will be violated or that circumstances have changed so that the applicant is no longer eligiblefor avariance underthat**rule;-eF~** (b) The signatory fails to file an interim report as required pursuant to paragraph (G)(4) ofrule 3745-31-09 ofthe Administrative Code, or if such report fails to satisfy the director that the source is making satisfactory**progress;-er~** (c) False or misleading statements are made in an interim report required pursuant to paragraph (G)(4) ofrule 3745-31-09 ofthe Administrative Code. (C) Expiration andrenewal. (!)A PTIO may be issued for a period oftime consistent with the requirements of division (G) of section 3704.03 of the Revised Code, and is subject to renewal pursuantto rule 3745-31-05 ofthe Administrative Code. (a) A conditional PTIO issued pursuant to paragraph (B) ofrule 3745-31-05 of the Administrative Code shall be effective for such reasonable periods as the director may determine on a case-by-case basis consistent with the FeEjttiFemeflts sfdivision (G) ofsection 3704.03 ofthe Revised Code. A conditional PTIO may not be renewed; however, the effective date may be extended for such reasonable periods as the director may determine on a case-by-case basis provided the total time period of effectiveness is consistent with the FeEjttiFements ef division (G) of section 3704.03 ofthe Revised Code. (b) A FEPTIO issued pursuant to paragraph (D) ofrule 3745-31-05 ofthe Administrative Code shall be effective for a period oftime consistent with the FeEjttirements sfdivision (G) ofsection 3704.03 ofthe Revised Codebut no longerthan five years, and is subjectto renewal.3745-31-07 3

(2) A permit-to-install does notexpire andis notrenewable. (3) Any site approval for a portable source issuedpursuantto paragraph (H) ofrule 3745-31-05 ofthe Administrative Code may be issued for a period oftime consistent with the requirements of division (G) of section 3704.03 of the Revised Code, and is subject to renewal pursuant to paragraph (H) ofrule 3745-31-05 ofthe Administrative Code. (4) Any variance issued pursuant to rule 3745-31-09 ofthe Administrative Code may be issued for a period of time consistent with the requirements of division (H) of section 3704.03 of the Revised Code, and is subject to renewal. A variance may be renewed only when the Ohio environmental protection agency is satisfied that the source for which the variance was granted is making satisfactory progress toward achievement ofthe program specified in any compliance schedule incorporated into the variance and/or is complying with any otherterms and conditions ofthe variance. Renewal shall be consideredpursuantto rule 3745-31-09 ofthe Administrative Code. (D)**Revision~** (1) Any PTIO or variance issued by the director shall be subject to revision by the directorinresponse to changes in applicable laworotherfactors affecting the compliance ofthe air contaminant source with the standards or conditions of any currently effectivepermit. (2) The director may revise any site approval for a portable source issuedpursuant to paragraph (H) ofrule 3745-31-05 ofthe Administrative Code to add or delete certainportable sources oradd ordelete certainterms and conditions as appropriate. (3) The director may require the owner or operator to submit a permit application pursuant to rule 3745-31-05 of the Administrative Code to fulfill the requirements ofparagraph (D) ofthis rule. (E)**Transfer~** The transferee of any permit-to-instalL PTIO or variance shall assume personally the responsibilities of the**ori~inal** permit holder-transferor. The Ohio environmental protection agency must be notified in writing. in a manner prescribed by the director. of any transfer of a permit once the transfer has been completed.3745-31-07 4



### (1) The tFBTlsfeFee 

### sf aHY 190FH1it 

### ts iH:stall, PTIO er YB:fittnee 

### shall assHffie j'lerse!!ally tl!e resj'le!!sillilities ef tl!e eriginal j'le!'f!!-it helaer lr!t!!sferer. The Ohie e!!'vire!!f!!e!!lal J9Feteetie!! age!!ey f!!ttst lle netifiea ill vmtt!!g, ill a f!!f!ffiief j'lfeseri-llea llj' tl!e aireeter, sf !t!!j' tr!t!!sfer sf a J96ff!!i! e!!ee the transferhas !lee!! eef!!J9letea.3745-31-07

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F), 3704.03(G) 3704.03(G), 3704.03(F), 3704.03(A) 7/5/73, 111/74, 12/7/78, 11/7/79, 12/5/80, 6/14/82, 8/15/82, 8/30/82, 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, 10117/03, 11/3/06, 12/1/06, 6/30/08 53745-31-08 Registration status permit-to-operate.

(A) Forpurposes ofparagraph (B) ofthis rule: (1) "Maximum potential yearly emissions" means the total weight oflead, organic compounds, particulates or sulfur dioxide which is, or in the absence of control equipment would be, emitted from an air contaminant source in any one calendaryear. (2) "Registration status" means that the source may be operated without having obtained a permit-to-operate or variance, and exists upon notification as providedbythe director. (B) Priorto tlte effeetive a&te eftltis Fttle June 30. 2008, the director may have placed an air contaminant source on registration status after submittal ofan application for a permit-to-operate, rather than issuing a permit-to-operate, ifthe owner or operator ofsuch source demonstratedto the satisfaction ofthe directorthat the source was in compliance with applicable law andifthe following conditions were met: (1) The source was not subject to any mass emissions limitation or control requirement specifiedwithin orpursuantto any applicable law; or (2) The source was subject to a mass emissions limitation or control requirement specified solely within Chapter(s) 3745-17, 3745-18, and/or 3745-21 ofthe Administrative Code; the maximum potential yearly emissions of lead and organic compounds from the source was each less than five tons; and the maximum potential yearly emissions ofparticulates and sulfur dioxide from the source were each less thantwenty-five tons. (C) An air contaminant sourceplaced on registration status as ofthe effective date ofthis rule may remain on registration status until removed in accordance with paragraph (D) or (E) ofthis rule. (D) The director may at any time require the owner or operator of an air contaminant source which obtained registration status priorto tlte effeetive aate eftltis mle June 30. 2008, to submit an updated application for a PTIO or variance and/or to demonstrate its continued compliance with the requirements ofparagraph (B) of this rule. Ifthe owner oroperatorcomplies with this request ofthe director within a reasonable period oftime as specifiedby the director, the updated application shall be processed in accordance with applicable law, including continuation of the existing registration status ifappropriate. Ifthe owner or operator fails to comply with this request ofthe director within a reasonable period oftime as specified by the director, the permit-to-operate application previously submitted by such owner or operator for such source shall be removed from registration status andprocessed

'>!,i.' 1fu

### 3745-31-08 2

in accordance with applicable law. Any subsequent permit denial or notice of application deficiency shall serve as notice to the owner or operator ofthe source that the permit-to-operate application for such source has in fact been removed from registration status. (E) The director may revoke a registration status obtained prior to the**effeeti~·e** 

### Elate ef this rele June 30. 2008 if the permittee requests revocation for cause and the director determines that granting the requested revocation will not result in the violation ofany applicable laws. When a permittee requests a revocation pursuant to the paragraph, the director, without prior hearing, shall make a final determination on the request. Revocation ofregistration status shall be final immediately after service ofnotice to the registration status holder.3745-31-08

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 3

05/29/2014 01/10/2014 and05/29/2019

119.03 3704.03(F), 3704.03(0) 3704.03(0), 3704.03(F), 3704.03(A) 1/1/74, 11/7/79, 8/15/82, 6/18/01, 11/30/01, 10/17/03, 11/3/06, 12/1/06, 6/30/083745-31-09 Variances on operation.

[Comment: For dates and availability of non-regulatory govermnent publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see #!e "ltteefj'leratieB 

### 19y RefeFettee" paragraph CLLLLLL) at the eHd ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials".] (A) A variance may be applied for and obtainedfrom the director that allows operation or other use ofan air contaminant source that emits an air pollutant in violation ofan applicable law pursuantto the provisions ofthis rule, exceptfor the following: (1) No variance shall be granted from Chapter 3745-19 ofthe Administrative Code governing openburning;-tffid. (2) No variance shall be granted to a new source, as defined in rule 3745-31-01 of the Administrative Code, from any emissions limitation which was applicable to the source as a new source;-tffid. (3) No variance from any rule ofthe director adopted under Chapter 3704. ofthe Revised Code maybe granted exceptpursuantto this rule. (B) Applications for variances shall meet the requirements of rules 3745-31-02 and 3745-31-04 ofthe Administrative Code. (I) Any variance application that fails to provide information needed to provide a factual basis for ascertaining compliance with each of the relevant requirements ofthis rule may be considered defective and be treated as ifit had not been filed. Such application shall be returned to the applicant as expeditiously as practicable with an indication of the deficiencies therein. Further processing of the application, including issuance of a proposed or final action or the initiation of any other official response by the Ohio environmental protection agency with respect to the application, will not occuruntil deficiencies have beenremedied. (2) An application which seeks a variance pursuant to this rule which allows an applicant to emit an air pollutant at a specified level in excess ofemissions standardsprescribedby applicable law withoutrequiring eventual compliance with such standards shall specify the level of emission sought. Any such application which fails to so specify may be treated as a deficient application as set forth inparagraph (B)(l) ofthis rule. (C) Standards for granting variances.3745-31-09 2

(1) A variance for an air contaminant source may allow an applicant to do the following: (a) Te effiit Emit from such source a specified level of emissions of the particular air contaminant which exceeds the level permitted by applicable law, without achieving eventual compliance with the level permittedby applicable lawTffl'. (b) To achieve compliance with applicable lawpertaining to theparticularair contaminant, pursuant to a compliance schedule included as a term and condition of the variance, on a date later than the date provided by applicable law upon which compliance by such source must be achievedTffl'. (c) To emit an air contaminant in accordance with both paragraphs (C)(l)(a) and (C)(l)(b) ofthis rule. (2) A variance may be issued only if the applicant either demonstrates the requirements of paragraphs (C)(2)(a) to (C)(2)(c) of this rule, paragraph (C)(2)(e) ofthis rule, and paragraph (C)(2)(f) ofthis rule, or, demonstrates therequirements ofparagraphs (C)(2)(d) to (C)(2)(f) ofthis rule: (a) Either: (i) The ambient air quality standards for the particular air contaminant to which the requested variance pertains are currently being met throughout the region affected by the emissions from the air contaminant sourceTffl'. (ii) The emission ofair contaminants in accordance with the variance will not prevent or interfere with the attainment of ambient air quality standards by contributing, either singly or in conjunction with other sources, to a failure to attain ambient air quality standards by the date or dates prescribed by applicable law throughout the region affected by the emissions from the air contaminant source;. (b) The emission ofair contaminants in accordance with the variance will not prevent or interfere with the maintenance of ambient air quality standards by contributing, either singly or in conjunction with other sources, to a failure to maintain ambient air quality standards throughout the region affected by the emissions from the air3745-31-09 3

contaminant source for the particular air contaminant to which the requested variance pertains after such ambient air quality standards are attain**edt~** (c) The variance is necessary because compliance with the emission standard from which the variance is soughtis, and, to the extent applicanthas not complied with such emission standards, has been since the adoption of such emtsswn standard, technically infeasible, economically unreasonable, or impossible because of conditions beyond the control ofthe**applicant;~** (d) Bubble concept: (i) Analternative emission control strategy (bubble concept) is provided which will allow emissions ofair contaminant from the source for which the variance is requested to exceed the level permitted by applicable law and will also require emissions of the same air contaminant from another source or sources to be less than the level(s) permitted by applicable law. The alternative emission control strategy shall do the following: (a) Result in a reduction in actual emtsswns of the atr contaminant from such other source or sources which is equivalent to or greater than the reduction which would occur ifthe source for which the variance is requested were to complywith applicable**lawt~** (b) Result in an actual net ambient air quality improvement which is as good as, or better than, that which would occur ifthe source for which the variance is requested were to comply with applicable law and if all such other sources were to either comply with applicable law or maintain their actual level of emissions if such level is less than permitted by applicable**lawt~** (c) Include applications for variances or PTIOs (or modifications ofexisting variances orPTIOs) for such other sources at the same facility that specify a level ofallowable emissions of an air contaminant which is below the level established by applicable law and which satisfies the requirements of paragraphs (C)(2)(d)(i)(a) and (C)(2)(d)(i)(b) ofthis rule: (ii) Air contaminants from different sources shall be considered to be3745-31-09 4

the same forpurposes ofparagraph (C)(2)(d)(i) ofthis rule only if they are comparable in terms oftype ofcontaminant. (iii) Emissions of particulates of the following types shall not be considered, for purposes ofparagraph (C)(2)(d)(i) ofthis rule to be the same as emissions ofparticulates ofany othertypes: (a) Asbestost. (b) Berylliumt. (c) Coke oven emissionst. (d) Leadj-!lflt!. (e) Mercury. (iv) Emissions oforganic compounds ofthe following types shall not be considered, for purpose ofparagraph (C)(2)(d)(i) ofthis rule, to be the same as emissions of organic compounds of any other types: (a)**Benzene~.** (b) Vinyl chloride. (e) Such compliance with applicable law or other terms and conditions as is required by the variance will be achieved as expeditiously as practicablet. (f) If any rule from which a variance is sought has been approved by the administrator ofthe United States environmental protection agency as part of the Ohio state implementation plan, the applicant must demonstrate those matters required by federal law or regulations, including, but not limitedto 42 USC 7410 and 40 CFR Parts 51 and 52 for approval of a revision to the plan, except approval by the administrator or fiisAfier the administrator's representative as a revision to the Ohio state implementationplan. (D) The director retains the discretion to deny the application upon consideration of evidence regarding matters specified in division (H) of section 3704.03 of the3745-31-09 

### 5

Revised Code which is submitted by the applicant, developed by the agency, or obtained from another source, even though the demonstrations required by paragraph (C) ofthis rule havebeenmade. (E) Action on applications for variance. (l) Prior to taking any action on any application for a variance, the Ohio environmental protection agency may hold a public meeting on the proposed variance in the manner specified in Chapter 374§ H 3745-49 of the Administrative Code. (2) The director shall act on an application for a variance within six months ofthe filing ofa complete applicationby issuing aproposed or final action. (3) Variances under this rule shall be issued, denied, modified, or revoked and may be challenged in accordance with the provisions ofChapter 374§ H Chapters 3745-47 or 3745-49 ofthe Administrative Code. (a) In issuing, denying, modifying, or revoking any variance, the director shall state his/her the director's reasons in writing. The decision and reasons shall be madepublicly available atthe cost ofreproduction and handling. (F) Variances from rules containedin the Ohio state implementationplan. (1) A variance from a rule which has been approved by the administrator ofthe United States environmental protection agency as part of the Ohio state implementationplan shall notbe issuedunless the following occurs: (a) Such variance has been submittedto the administrator as a revision to the Ohio state implementation plan pursuant to applicable law, including, butnot limitedto, 42 USC 7410 and 40 CFRParts 51 and 52j-f!Ht!. (b) All requirements ofapplicable law, including, but not limited to, 40 CFR Parts 51 and 52 have beenmet, except approval by the administrator or his/her representative as a revision to the Ohio state implementation planj-f!Ht!. (c) The variance contains a condition that the variance will not be effective until approved by the administrator or his/her the administrator's representative as arevision ofthe Ohio state implementationplan.3745-31-09 6

(d) If a varill:flee has Beea tlj'JfJISVed B)' tile a<lrfliaisfftt1oer fJttfsttaffi te fJftfftgitlj'Jft (F)(1) efthis rule, a reaewal ef stteh variaaee shall net Be sttlljeet te the reEJ:ttireraeats ef fJafftgitlj'Jft (F)(l) ef this rule lftlless a sigrJifieaat differeaee eJdsts Betweea tile material aSfJeets ef stteh varill:flee B:flfl the reae•Ne<l fefffi ef sttefi variaaee. Fer the fltlffJSSes ef flaragrtlj'Jh (F)(l) efthis rule, a sigaifiell:flt dif€heaeeshall iaelttde B:fl)' efiMge iathe fiaal eeffifJliB:flee date efaay eerafJliB:flee sehedttle. (2) Uf!ea issttaaee ef a varill:flee atttheriziag eraissieas as cleseriBe<l ia fJEtFEtgrtlj'Jh (C)(l)(a) er (C)(l)(e) ef this rule, B:flfl tlfJBH tlj'JfJfSVal thereef B)' the a<lrfliffistrater as fJFSvided B)' fJEtragrtlj'Jh (F)(l)(e) efthisrule, iftlj'JfJlieallle, the <lireeter shall fJFSfJSSe te araead the rttle frera whieh the varifr!lee is isstted te fJFevide fer eraissiens !itltfterized B)' the varill:flee, The araeaded rule shall Be fJFefJesed ealy if, ia the direeter'sjtt<lgraeat, stteh araeaded rule will eeafefffi te all reEJ:tlireraeats eftlj'Jfllieallle lave, iaeh±<liag, if afJfJlieaBle, reEJ:ttireraeats regardiag iffifJleraeatatiea fJlB:fls. Fellewiag rttlereal<iag !3Feeedl±!'es J'fill:flaated 

### ey law ea the fJFSfJesal, the ffireeter shall tal<e stteh aetiea ea the fJFBfJSsal as is lawfttl B:flfl reaseaaBle. Ifa variance has been approvedby the administrator pursuantto paragraph (F)(1) ofthis rule. a renewal ofsuch variance shall not be subjectto paragraph (F)(I)ofthis ruleunless a significantdifference exists between the material aspects ofsuch variance and the renewed form ofsuch variance, For the pumoses of paragraph (F)(1) of this rule. a significant difference shall include any extension of the final compliance date of any compliance schedule, but shall not include the reduction in allowable emiSSIOnS, (G) Terms and conditions ofvariatieasvariances. Upon issuance of a variance authorizing emissions as described in paragraphs CC)Cl)(a) to CC)(I)(c) ofthis rule. and upon approval thereofbythe administrator as providedbyparagraph (F)(l)(c) ofthis rule. ifapplicable. the director shall propose to amend the rule from which the variance is issued to provide for emissions authorized by the variance, The amended rule shall be proposed only if. in the director's judgment such amended rule will conform to all requirements of applicable law. including. if applicable. requirements regarding implementation plans, Following rulemaking procedures mandated by law on the proposaL the director shall take such action on theproposal as is lawful andreasonable. (1) A single variance issued pursuantto this rule for an air contaminant source may providethe applicantrelieffrommorethan one emission limitation. (2) Except as otherwise appropriate under paragraph (C) ofthis rule, an approved compliance schedule shallbe incorporatedinto any variance granted.

### 3745-31-09 

### 7

(3) 

### Each variance issued pursuant to this rule and each variance or PTIO issued to another source pursuant to paragraph (C)(2)(d) ofthis rule shall include as terms and conditions a specified emission limit for each air contaminant for which a variance is granted and test methods for demonstrating compliance with snch emissions limits. ( 4) In addition to the other registration and reporting requirements of all air contaminant sources, the holder ofa variance which contains a compliance schedule shall file reports every two months or as otherwise required by the Ohio environmental protection agency. Such reports shall be signed by the applicant for the variance. These reports shall demonstrate to the satisfaction ofthe director that the source for which the variance was issued is making consistent progress and has met all interim deadlines specified in the compliance schedule or specified by the Ohio environmental protection agency. (H) The possession ofa variance shall not relieve the holder ofresponsibility to comply with all other applicable law and rules of the Ohio environmental protection agency. (I) Variances may be revoked pursuant to paragraph (B)(5) ofrule 3745-31-07 ofthe Administrative Code.3745-31-09

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F), 3704.03(0), 3704.03(H) 3704.03(0), 3704.03(F), 3704.03(A) 7/5173, 11/7/79, 12/5/80, 8/30/82,4/12/96, 6/18/01, 10/28/04, 11/3/06, 12/1/06, 6/30/08 83745-31-10 NSR projects at existing emissions units at a major stationary source.

(A) The following provisions apply toNSRprojects at existing emissions units at a major stationary source (other than NSR projects at a stationary source with a PAL) in circumstances where there is a reasonable possibility that a NSR projectthat is not part ofa major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraph (AAAAA) CGGGGG) ofrule 3745-31-01 ofthe Administrative Code for calculating projected actual emissions. (1) Before beginning actual construction ofthe NSR project, the owner or operator shall document andmaintain arecord ofthe following information: (a) A description ofthe NSR**project;~** (b) Identification of the emissions unit(s) whose em1sswns of a regulated NSRpollutantcouldbe affectedbythe NSR**project~~** (c) A description of the applicability test used to determine that the NSR project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of "could have accommodated" emissions excluded under paragraph (AAAAA)(l)(e) CGGGGG)Cl)(c) ofrule 3745-31-01 ofthe Administrative Code and an explanation for why such amount was excluded, andanynetting calculations, ifapplicable. (2) Before beginning actual construction, regardless of whether the owner or operator determines there is areasonable possibilitythat a NSRprojectthat is not part of a major modification may result in a significant emissions increase, the owneroroperator shallprovide a copy ofthe information set out in paragraph (A)(l) ofthis rule to the director for any ofthe following: (a) New or modified emissions units where the sum of the federally enforceable potential to emit of the new or modified emissions units associated with the NSR project prior to the issuance of the NSR project's permit-to-install is greater than any one of the significant levels found in the significant definition of rule 3745-31-01 of the Administrative Code. (b) Any emissions unit that is an existing electric utility steam generating unit.

### 3745-31-10 2



### (c) Unless required elsewhere in this rule, nothing in this paragraph shall be construed to require the owner or operator of such emissions unit to obtain any determination from the director before beginning actual construction. (3) The owner or operator shall monitor the emJsstons of any regulated NSR pollutantthat could increase as aresult ofthe NSRproject and that is emitted by any emissions units identified in paragraph (A)(l)(b) 

### of this rule; and calculate and maintain arecord ofthe annual emissions, in tons per year on a calendaryearbasis, for aperiod offive years following resumption ofregular operations after the change, or for a period often years following resumption ofregular operations after the change ifthe NSR project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. ( 4) Ifthe emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the director within sixty days after the end ofeach year during which records mustbe generated under paragraph (A)(3) ofthis rule setting out the emissions unit's annual emissions during the yearthatpreceded submission ofthe report. (5) Ifthe emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the director if the annual emissions, in tons per year, from the NSR project identified in paragraph (A)(l) of this rule, exceed the baseline actual emissions (as documented and maintainedpursuant to paragraph (A)(l)(c) of this rule, by a significant amount for that regulated NSRpollutant, and ifsuch emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (A)(l)(c) ofthis rule. Such report shall be submitted to the director within sixty days after the end of such year. The report shall contain the following: (a) The name, address and telephone number ofthe major stationary source;-. (b) The annual emissions as calculated pursuant to paragraph (A)(3) ofthis rulej-fti'H'i. (c) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstructionprojection). (6) 

### A "reasonable possibilitv" under this rule occurs when the owner or operator3745-31-10 3

calculatesthe projectto resultin either: (a) A projected actual emissions increase of at least fifty per cent of the amount that is a "significant emissions increase." as defined in rule 3745-31-01 of the Administrative Code (without reference to the amount that is a significant net emissions increase). for the regulated NSRpollutant. (b) A projected actual emissions increase that added to the amount of emissions excluded under paragraph (GGGGG)(3) ofrule 3745-31-01 ofthe Administrative Code. sums to at least fifty percentofthe amount that is a "significant emissions increase." as defined under paragrapgh (WWWWW) ofrule 3745-31-01 ofthe Administrative Code (without reference to the amount that is a significantnet emissions increase). for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph (A)(6)(b) of this rule. and not also within the meaning ofparagraph (A)(6)(a) ofthis rule. then provisions under paragraphs (A)C2) to (A)(5) ofthis rule do not apply to the project. (B) The owner or operator of the source shall make the information required to be documented and maintainedpursuantto this rule available for review upon request.3745-31-10

Effective: R.C. 119.032review dates:

CERTIFIEDELECTRON!CALLY Certification

05/19/2014

Date

PromulgatedUnder: StatutoryAuthority: RuleAmplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(F), 3704.03(A) 4/12/96, 10/28/04, 12/1/06, 6/30/08 43745-31-11 Attainment provisions - ambient air increments, ceilings and classifications.

[Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see

# me "Iaeerperatioa

## ey Refereaee" seetioa at 

## me eaa ofRile 3745 31 Gl efthe AaR:iflistrati¥e Ceaeparagraph (LLLLLL) of rule 3745-31-0I ofthe Administrative Code titled. "referencedmaterials."7] (A)**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an air pollutant for which the major stationary source ormajormodificationis major. (B) Allowable**increments~** The director shall require, through the issuance of a pennit-to-install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code, the emission limitations and such othermeasures as maybe necessary to assure that, in areas designated attainment below as Class I, Class II or Class III, increases in ambient air pollutant concentration over the baseline concentration shall be limited to the following:

MaximumAllowable Increase btgieml {!lgLm3} AirPollutant Averaging Period Class I Class II Class III Particulatematter PM2.5 annual arithmetic mean I 4 8 twenJ;x-four-hour 

### 2. 

### 2. N maximum PM!O annual arithmetic mean 4 17 34 PM-HI twenty-four-hour 8 30 60 maXImum Sulfurdioxide annual arithmetic mean 2 20 40 twenty-four-hour 5 91 182 maximum three-hourmaximum 25 512 700 Nitrogen annual arithmetic mean 2.5 25 503745-31-11 2 

# I dioxide For any period other than an annual period, the applicable maximum allowable increase maybe exceeded during one suchperiodperyear at any one location. (C) Ambient air ceilings" The director, through the issuance ofa pennit-to-install pursuant to rules adopted under division (F) of section 3704.03 ofthe Revised Code, shall provide that no ambient concentration ofan airpollutant shall exceed eitherofthe following: (1) The concentration permitted under the national secondary ambient air quality**standard"*~** (2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the air pollutant for a period ofexposure. (D) Restrictions on area**classifications~** (1) All ofthe following areas, ifin existence ofAugust 7, 1977, shall remain Class I areas: (a) International**parks;~** (b) National wilderness areas that exceedfive thousand acres in**size;~** (c) National memorialparks that exceed five thousandacres in**siz~~** (d) National parks that exceed six thousand acres in size. (2) Areas that were assigned as Class I under regulations promulgated before August 7, 1977 shallremain Class I butmay be reassigned as provided in this rule. (3) All areas of the state are designated Class II but may be redesignated as provided in this rule. (4) The following areas mayberedesignated only as Class I or II:3745-31-11 3

(a) An area that, as ofAugust 7, 1977, exceeded ten thousand acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or**seashore;--tlft<l~** (b) A national park or national wilderness area established after August 7, 1977 that exceedstenthousand acres in size. (5) The extent ofareas designated as Class I under paragraph (D)(1) ofthis rule or Class I orII underparagraph (D)(4) ofthis rule shall conformto any changes in the boundaries ofan area that have occurred since August 7, 1977 or that may occur. (E) Exclusions from increment**consumption~** (l) The following ambient concentrations shall be excluded m determining incrementcompliancewith amaximum allowable increase: (a) Concentrations attributable to the increase in emissions from emissions units that have converted from the use ofpetroleum products, natural gas, orboth by reason ofan order in effect under Section 2(A) and (B) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such emissions units before the effective date ofsuch an**order;~** (b) Concentrations attributable to the increase in emissions from emissions units that have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such emissions units before the effective date of such**plan;~** (c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew ormodified emissions**unitst~** (d) The increase in concentrations attributable to new emissions units outside the United States over the concentrations attributable to existing emissions units that are included inthe baseline**concentration;--tlft<l~** (e) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter or nitrogen oxides from emissions3745-31-11 4

units that are affected by Ohio state implementation plan revisions approved by the Administrator of the United States environmental protection agency as meetingthe criteria specified as follows: (i) Such time is notto exceed two years in duration unless a longertime is approved by the Administrator of the United States environmentalprotection agency;. (ii) The time period for excluding certain contributions, in accordance withparagraph (E)(l)(e)(i) ofthis rule, is notrenewable;. (iii) No emissions increase from an emissions unit can do any ofthe following: (a) Impact a Class I area or an area when an applicable increment is knownto be violated;-eF. (b) Cause or contribute to the violation ofa national ambient air quality standard;. (c) Limitations under paragraph (E)(l)(e)(iii)(a) and (E)(l)(e)(iii)(b) ofthis rule must be in effect at the end of the time period specified in accordance with paragraph (E)(l)(e)(i) ofthis rule that would ensure that the emission levels from emissions units affected by the Ohio state implementation plan revision would not exceedthose levels occurring from such emissions units before the plan revision was approved. (2) No exclusion ofsuch concentrations shall apply more than five years after the effective date ofthe orderto which paragraph (D)(l)(a) ofthis rule refers, or the plan to which paragraph (E)(l)(b) of this rule refers, whichever is applicable. If both such order and plan are applicable, no such exclusions shall apply more than five years afterthe later ofsuch effective dates. (3) No exclusion underparagraph (E) ofthis rule shall occur later thannine months after August 7, 1980 unless an Ohio state implementation plan revision meeting the requirements of 40 CFR 51.166 has been submitted to the administrator ofthe United States environmentalprotection agency. (F) Classredesignation3745-31-11 5

(1)All attainment areas ofthe state

## t. except as otherwiseprovided underparagraph (D) ofthis rule-f. shallbe designated Class II. (2) Upon due consideration, the director may submit to the administrator ofthe United States environmental protection agency a proposal to redesignate to attainment any area ofthe state to Class I or Class IIprovided that: (a) At least one public hearing has been held in accordance with procedures establishedin Chapter**37~5** H 3745-49 ofthe Administrative Code;. (b) Other states, Indian governing bodies and federal land managers whose lands may be affected by the proposed redesignation were notified at least thirty days priorto thepublichearing;. (c) A discussion ofthe reasons for the proposed redesignation, including a satisfactory description and analysis of the health, enviromnental, economic, social and energy effects ofthe proposedredesignation, were prepared and made available for public inspection at least thirty days prior to the hearing, and the notice announcing the hearing contained appropriate notification ofthe availability ofsuch discussion;. (d) Prior to the issuance of notice respecting the redesignation of an attainment area that includes any federal lands, the state has provided written notice to the appropriate federal land manager and afforded adequate opportunity 

### f. not in excess ofsixty days1. to confer with the state respecting the redesignation and to submit written comments and recommendations. In redesignating any attainment area with respect to which any federal land manager had submitted written comments and recommendations, the state shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation ofthe federal land manager); flflfi. (e) The state has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the attainment area covered by the proposed redesignation. (3) Any area other than an area for which paragraph (D) of this rule restricts redesignationmayberedesignated as Class III ifthe following a];l];llies:3745-31-11 6



### (a) The redesignation wouldmeetthe requirements ofparagraph (F)(2) ofthis**rule;~** 

### (b) The redesignation has been specifically approved by the governor, after consultation with the appropriate committees ofthe general assembly, if it is in session, or with the leadership ofthe general assembly, ifit is not in session, and if general purpose units of the local government representing a majority ofthe residents ofthe area to be redesignated enactlegislation orpass resolutions concurring intiT

### the**redesignation;~** 

### (c) The redesignation would not cause, or contribute to, a concentration of any air pollutant that would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality**standard;--atffi~** 

### (d) Any permit application for any major stationary source or major modification, subject to review under paragraph (F)(l) of this rule, which could receive a permit under this section only if the area in question were redesignated as Class III, and any material submitted as part ofthat application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.3745-31-11

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4112/96, 12/1106 73745-31-12 Attainment provisions - data submission requirements.

[Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see H!e "Iaeefj'lerffiiea 

### lly Refureaee" seetiea ffi the eaEl efntle 3745 31 01 efH!e AElll'liaistrffiive Ceae paragraph (LLLLLL) ofrule 3745-31-0I ofthe Administrative Codetitled. "referenced**materials."~]** (A) Applicability. This rule applies to any major stationary source or major modificationthat is to be constructed in an area designated in 40 CFR 81.336 as attainment for an mr pollutantfor whichthe major stationary source ormajormodification is major. (B) Datasubmission authority. The owneror operator ofaproposed major stationary source or majormodification shall submit all information necessary to perform any analysis or make any determinationrequired underthis rule. (C) Minimum data submissionrequirements. The information required under paragraph (A) of this rule shall include the following: (1) A description of the nature, location, design capacity and typical operating schedule of the major stationary source or major modification, including specifications and drawings showing the emissions units design and plant layout;. (2) A detailed schedule for construction ofthe major stationary source or major modification;. (3) For each emissions unit a detailed description as to what system ofcontinuous emissions reduction is planned by the major stationary source or major modification, emission estimates, including maximum emissions rates and any other information as necessary to determine that BACT as applicable wouldbe appliedt. (4) The air quality impact ofthe major stationary source or major modification, including meteorological and topographical data necessary to estimate such impact;-tfficl. (5) The air quality impacts and the nature and extent of any or all general

··---- -----..**-~**..**--~-·---~~- --------------·-·~------**  ' '' !,;e;;" '"'"' " i'i'iJ p:n i ':''"" !'o, '·J ·1;iI ; :3745-31-12 2

commercial, residential, industrial and other growth that has occurred since the baseline date was set in the area the major stationary source or major modification would affect.3745-31-12

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 33745-31-13 Attainmentprovisions -reviewofmajor stationary sources and major modifications, stationary source applicability and exemptions.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referencedin this rule, see "Ineefjlera-tien

## ey Referenee" a-ttile enEI ef Rile 3745 31 01 efthe AEIFHinistF!tlive CeEle paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Codetitled. "referencedmaterials.",] (A) Startconstruction**limitations~** In accordance with this chapter, no major stationary source or major modification located in an attainment area shall begin actual construction unless, at a minimum, the requirements in rules 3745-31-01 to 3745-31-20 ofthe Administrative Code have been met and the stationary source has obtained a valid Ohio environmental protection agency permit-to-instalL (B) Airpollutants**covered~** The reEjttiFeFHents eentaineEI in**Riles~** 3745-31-10 to 3745-31-20 of the Administrative Code shall apply to any major stationary source and any major modification as defined by this chapter with respect to each regulated NSR pollutant, except as otherwise allowed in rule 3745-31-13 of the Administrative Code. (C) Attainment/nonattainment**applicability~** The reEjl:!ireFHents eea-taineEI in**no~les** Rules 3745-31-10 to 3745-31-20 of the Administrative Code apply only to any major stationary source or major modification thatwouldbe constructedin an areathatis designated as attainment or unclassifiable under40 CFR 81.336. (D) Discretionary**exemption~** Upon request, the director, at ffit! the director's discretion, may exempt the following stationary sources from the requirements contained in rules 3745-31-10 to 3745-31-20 of the Administrative Code as applied to a particular major stationary source ormajor modificationif: (1) The major stationary source would be or is a non-profit health or non-profit educational institution or a major modification that would occur at such an**institution;-er~** (2) The stationary source or modification is a portable stationary source that has

### 3745-31-13 2



### previously received a permit under requirements equivalent to those contained in rules 3745-3!-10 to 3745-31-20 ofthe Administrative Code if the following apply: (a) The owner or operator ofthe stationary source proposes to relocate and emissions of the stationary source at the new location would be**temporary~~** 

### (b) The emissions from the stationary source would not exceed its allowable**emissions~~** 

### (c) The emissions from the stationary source would not impact a Class I area or any areawhere an applicable increment is known to be**violated~~** 

### (d) Reasonable written notice is given to the director prior to the relocation identifYing the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the director not less than thirty days in advance ofthe proposed relocation unless a differenttime duration is previously approvedby the director. (E) Stationary sources located in orimpacting nonattainment**areas~** 

### The reEjtliremeats eeataiaea ia reles Rules 3745-31-10 to 3745-31-20 of the Administrative Code do not apply to a major stationary source or major modification with respect to a particular air pollutant if the owner or operator demonstrates that, as to that air pollutant, the stationary source or major modification is locatedin an area designated as nonattainmentunder Section 107 of the Clean Air Act. This exemption does not apply to stationary sources or major modifications that are located in an attainment area that impact a nonattainment areas pursuantto paragraph (D) ofrule 3745-31-23 ofthe Administrative Code. (F) Temporary**increases~** 

### The re<jeiremeats e<jtlivalent te these ee!!t&i!!ea ill reles Rules 3745-31-10 to 3745-31-20 ofthe Administrative Code do not apply to aproposed major stationary source or major modification with respect to a particular air pollutant if the allowable emissions ofthat air pollutant from a new stationary source, or the net emissions increase ofthat air pollutant from a modification, would be temporary and would impact no Class I area and no area where an applicable increment is known to be violated. (G) Class II area**limitations~**3745-31-13 3

The requirements contained in rules 3745-31-08 to 3745-31-10 of the Administrative Code as they relate to any maximum allowable increase for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978 if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT wouldbe less than fifty tons peryear. (H) Exemptions to preapplication ambientmonitoring" The directormay exempt a proposed major stationary source or majormodification from 

### the FeEtHiFemeals efrule 3745-31-14 ofthe Administrative Code with respect to ambientmonitoring for a particularairpollutantifthe following apply: (1) The emissions increase ofthe air pollutant from a new stationary source or the new emissions increase ofthe air pollutant from a modification would cause, in any area, airquality impacts less than the following amounts: (a) Carbon monoxide

- five hundred seventy-five f!g/tlffim3

, eight-hour average;" (b) Nitrogen dioxide

- fourteen f!g/effim3

, annual**average;~** (c) Particulate matter less than 2.5 microns (PM2.5)- four ug/m3

, twenty-four-hour average [Comment: this applies only to directly emittedPM2.5J. fe1(lj) Particulate matter less than ten microns CPMlO)

- ten f!g/effim3

, twenty-four-hour**average;~** 

### WWSulfurdioxide

- thirteen f!g/tlffim3

, twenty-four-hour average;. 

## fe1ill Ozone- no de minimis air quality level is provided for ozone. However, any net increase ofone hundred tons peryear or more ofVOCs subject to the attainment provisions of this chapter would be required to perform an impact analysis including the gathering of ambient air quality data;. 

### fftWLead- 0.1 f!g/tlffim3

, three-month**average~** fgt.(hl Fluorides- 0.25 f!g/tlffim3

, twenty-four-hour average;.3745-31-13 4



## Will Totalreduced sulfur- tenj.!g/eftlm3

, one-houraverage;. 

## Will Hydrogen sulfide

- 0.2 j.!g/effim3

, one-hour average;. 

### ffi®Reduced sulfurcompounds

- ten J.!g/eftlm3

, one-hour averageT&. (2) The ambient concentrations of the air pollutant in the area that the stationary source or modification would affect are less than the concentrations listed in paragraph (H)(l) ofthisruleTffl'. (3) The airpollutantis notlistedinparagraph (H)(!) ofthisruleT&. (4) The director determines thatrepresentativemonitoring data is available.3745-31-13

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and05/29/2019

119.D3 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 12/1106 

### 5

## I I I I I I3745-31-14 Attainmentprovisions - preapplication analysis.

[Comment: For dates and avai1abilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "IHeel'!lsffilieH by ltefureHee" seetieH at the eHa sfrule 3745 31 01 sfthe AElmiHistrative Ceae paragraph (LLLLLL) ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials."7] (A) Applicability. This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an a1r pollutantfor whichthe major stationary source ormajormodificationis major. (B) Criteriaairpollutants thatrequire pre-application analysis. Any application for a major stationary source or major modification shall contain an analysis of ambient air quality in the area that the major stationary source or majormodificationwould affect for each ofthe following airpollutants: (1) For a stationary source, each criteria air pollutant that the stationary source would have thepotential to emit in a significant amount; (2) For the major modification, each criteria air pollutant for which the maJor modification wouldresult in a significantnet emissions increase. (C) Non-criteria airpollutantpre-application analysis. With respect to any air pollutant for which no national ambient air quality standard exists excluding pollutants listed under Section 112 of the Clean Air Act, the pre-application analysis shall contain such air quality monitoring data as the director determines is necessaryto assess ambient airquality for that airpollutant in any area that the emissions ofthat airpollutantwould affect. (D) Ambientmonitoringrequirements. With respect to any air pollutant 

### f, other than VOCs-);, ifthe director determines that such monitoring is necessary, the pre-application analysis shall contain air quality monitoring data (unless exempt under paragraph (H) ofrule 3745-31-13 of the Administrative Code) gathered for purposes ofdetermining whether emissions ofthat air pollutantwonld cause or contribute to a violation ofthe national ambient air quality standard or anymaximum allowable increment. (E) Ambient monitoringtime period.

### 3745-31-14 2



### In general, the continuous air monitoring data that is required under the pre-application analysis shall have been gathered over a period of one year and shall represent the year preceding receipt of the application except that, if the director determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter thau one year

### f. but not to be less than four months-);. the data that is required shall have been gathered over at leastthat shorterperiod. (F) Post approval ambient monitoring for ozone. Any owner or operator ofaproposed major stationary source ormajor modification ofVOCs who satisfies all conditions ofparagraph (A) ofrule 3745-31-22 ofthe Administrative Code may provide post-approval monitoring data for ozone in lieu ofprovidingpre-constructiondata as requiredunderparagraph (B)(l) ofthis rule. (G) Post-construction monitoring. Any owner or operator ofa major stationary source or major modification shall, after construction ofthe stationary source or modification, conduct such ambient monitoring as the director determines is necessaryto determine the effect emissions from the stationary source ormodification may have, or are having, on air quality. (H) Operation ofmonitoring stations. Any owner or operator of a major stationary source or major modification shall meet the requirements of40 CFR Part 58, Appendix B A during the operation of monitoring stations for purposes ofsatisfyingparagraph (C) 

### ofthis rule.3745-31-14

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 33745-31-15 Attainment provisions -controltechnology review.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see "l!!eBffJBF&tiea b)'Refere11ee" &t the e11El ef rule**37~5** 31 01 efthe Aarllillislrati·ve Cede paragraph 

### CLLLLLL) ofrule 3745-31-01 of the Administrative Code titled. "referencedmaterials.",] (A) Applicability. This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an air pollutantfor which the major stationary source ormajormodification is major. (B) A major stationary source or major modification shall meet each applicable emission limitation under the Ohio state implementation plan and each applicable emission standard and standard ofperformanceunder40 CFR Parts 60, 61 and 63. (C) The owner or operator of a new major stationary source shall apply BACT to the major stationary source for each regulated NSR pollutant that the major stationary source wouldhavethepotential to emitin significant amounts. (D) A majormodification shall apply BACT for eachregulatedNSRpollutantthat would be a significant net emissions increase at the stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the air pollutant would occur as a result ofa physical change or change in the method of operation in the emissions unit. (E) Forphased construction NSRprojects, the determination ofBACT shall be reviewed and modified as appropriate no more than eighteen months priorto commencement ofconstruction ofeach independent phase ofthe NSR project. At such time, the owner or operator of the stationary source may be required to demonstrate the adequacy ofanyprevious determination ofBACT for the stationary source.

IJ:()J3745-31-15

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 12/1106 23745-31-16 Attainment provisions - major stationary source impact analysis.

[Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced inthis rule, see the "I!ie8fj3BFfrtiaB B)' RefuFeBee" seetie!i at the e!\EI sfffile 3745 31 91 sfthe AE!ffi.inis!Fa#ve CeEie paragraph CLLLLLL) ofrule 3745-31-01 ofthe Administrative Code titled. "referencedmaterials.""] (A)**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an mr pollutantfor which the major stationary source ormajormodification is major. (B) Impact**analysis~** Any owner oroperator ofaproposed major stationary source ormajor modification shall demonstrate that allowable emissions increases from the proposed major stationary source or major modification, in conjunction with all other applicable emissions increases or reductions 

### f, including secondary emissionst, would not cause orcontributeto airpollution inviolation of: (1) Any national ambient air quality standard;-eF. (2) Any applicable maximum allowable increase overthe baseline concentration in any attainment area. (C) Significantimpactlevels. For purposes ofPM2.5. the demonstration required in paragraph CB) ofthis rule is deemedto have beenmade ifthe emissions increase from the new stationarv source alone or from the modification alone would cause in all areas. air quality impacts less than the following amounts: Pollutant Averaging time Class I area Class II area Class III area PM2.5 Annual 0.06 ug/m3 Q.3 ug/m3 0.3 ug/m3 24-hour 0.07 ug/m3 l 2 ug/m3 1.2 ug/m33745-31-16

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRONICALLY Certification

05119/2014 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

ll9.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1106 23745-31-17 Attainmentprovisions- additionalimpact analysis.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "lfteerj'leratieH lly RefereHee" seetisH at the eHEI sfnile 374 5 31 01 efthe AEimiHistrative 

### Ceae paragraph (LLLLLL) ofrule 3745-31-01 ofthe AdministrativeCodetitled. "referenced materials."7] (A)**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an air pollutantfor whichthe major stationary source or majormodification is major. (B) Any owner or operator ofa proposed major stationary source or major modification shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result of the stationary source or modification and general commercial, residential, industrial and other growth associated with the stationary source or modification. This analysis shall be submitted with the permit-to-install application. (C) The owner oroperator shallprovide an analysis ofthe air quality impactprojected for the attainment area as a result of general commercial, residential, industrial and othergrowth associatedwiththe stationary source ormodification.3745-31-17

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01110/2014 and05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 23745-31-18 Attainment provisions - air quality models.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisionsreferencedinthis rule, see**"lBes~sFatisHlly** RefereBee" at #ie eHa sf Rile 3745 31 01 sftfie AaffiiHistratiYe Csae paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Code titled. "referenced materials.",] (A) Applicability. This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an a1r pollutantfor which the major stationary source ormajormodificationis major. (B) All estimates of ambient concentrations required under rule 3745-31-10 of the Administrative Code through rule 3745-31-27 ofthe Administrative Code shall be based upon the applicable air quality models, databases and other requirements specifiedin40 CFRPart51, AppendixW, "Guideline onAir QualityModels." (C) Where an air quality impact model specified in 40 CFR Part 51, Appendix W, "Guideline on Air Quality Models," is inappropriate, the model may be changed or another model substituted. Such a change or substitution ofa model may be made on a case-by-casebasis or, where appropriate, on a genericbasis for a specific State program. Written approval ofthe administrator ofthe United States environmental protection agency mustbe obtained for any change or substitution. In addition, use of a changed or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with Rile 3745 H Chapter 3745-49 ofthe Administrative Code.**------------~---~--- -------~-·----------**  ------- --·---- -----**----------·~--·-··---------** -----------------------**-----~~··** 'i,' ;wih"· '>;}3.' i(IJ' clc<l,·' '·'**\'1/~:i;** \:)3745-31-18

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014

Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 23745-31-19 Attainment provisions notice to the United States environmental protection agency.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisionsreferenced in this rule, see "lfle8f138FfrlieflllJ· RefeFeflee" frl the efla ef mle 3745 31 <ll eftl:-.e**A~strfrlive** Geaeparagraph {LLLLLL) ofrule 3745-31-01 of the Administrative Codetitled. "referencedmaterials."7] (A)**Applicability~** This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an a1r pollutantfor whichthe major stationary source ormajormodification is major. (B) Noticeto the United States environmentalprotection**agency~** The director shall, uponrequest, transmit to the regional administrator ofthe United States environmental protection agency a copy ofeach permit application relating to a major stationary source or major modification subject to this rule and provide notice to the administrator of every action related to the consideration of such permit. (C) Denial-impacton airquality-related**values~** The director shall consider comments from a federal land manager concerning the impact ofa proposed major stationary source ormajormodification on such lands, including a demonstration that the emissions from the proposed major stationary source or major modification would have an adverse impact on the air quality 

### f. including visibility1. ofany federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such major stationmy source or major modification would not cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. Ifthe director concurs with such demonstration, the permit shall notbe issued. (D) ClassI**variances~** The owner or operator ofa proposedmajor stationary source or major modification shall demonstrate to the federal land manager that the emissions from such major stationary source or major modification would have no adverse impact on the air quality ofsuch lands 

### f. including visibility1, notwithstanding that the change in air quality resulting from emissions from such major stationary source or major modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. If the federal land manager concurs with such demonstration and so certifies to the state, the director may, provided that applicable requirements are otherwise met, issue the permit with3745-31-19 2

emiSSIOn limitations necessary to assure that emissiOns of sulfur dioxide and particulate matter would not exceed the maximum allowable increases over baseline concentration for such airpollutant as detailedinthe following table:

Airpollutant Maximum allowable increase (micrograms percubic meter)**P!ffiie~±l!tte** ffiatterPM2.5 annual arithmetic mean 4 twennc-four-hourmaximum 9 PMJO PMHl, annual arithmetric mean 17 PMHl, twenty-four-hourmaximum ;?,G30 Sulfurdioxide annual arithmetic mean 20 twenty-four-hourmaximum 91 three-hourmaximum 325 Nitrogen dioxide arithmetic mean 25

(E) Sulfurdioxide varianceby governorwith federal landmanager's concurrence. (1) The owner or operator of a proposed major stationary source or major modificationthat cannotbe approvedunderprocedures developedpursuantto paragraph (D) ofthis rule may demonstrate to the governor that the major stationary source or major modification cannotbe approved byreason ofany maximum allowable increase for sulfur dioxide for periods of twenty-four hours or less applicable to any Class I area and, in the case of federal mandatory Class I areas, that a varianceunderthis clause wouldnot adversely affectthe airquality ofthe area

### f. including**visibility~.** (2) The governor, after considerationofthe federal land manager'srecommendation 

### f. if**any~.** and subject to his concurrence may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase; and3745-31-19 3

(3) If such variance is granted, the director may issue a permit to such major stationary source or major modification in accordance with provisions developed pursuant to paragraph (G) ofthis rule providedthatthe applicable requirements ofthis chapter are otherwise met. (F) Variancebythe governorwiththe president'sconcurrence. (I) The recommendations ofthe governor and the federal land manager shall be transferred to the president of the United States in any case where the governor recommends a variance in whichthe federal land manager does not concur; (2) The president may approve the governor's recommendation iffie the president finds that such variance is inthenational interest; and (3) If such variance is approved, the director may issue a permit to such major stationary source or major modification in accordance with provisions developedpursuantto

### tl!e FeEJl±iFeffients efparagraph (G) ofthis rule provided thatthe applicablerequirements ofthis chapterare otherwisemet. (G) Emissions limitations forpresidentialorgubernatorial variance. In the case of a permit issued under procedures developed pursuant to paragraph (E) or (F) of this rule, the stationary source or modification shall comply with emission limitations as maybe necessary to assure that emissions ofsulfur dioxide from the stationary source or modification would not

### f. during any day on which the otherwise applicable maximum allow increases are exceeded-1. cause or contribute to concentrations that would exceed the maximum allowable increases over the baseline concentration

### E. as defined in the following table-j. and to assure that such emissions wouldnot cause or contribute to concentrations that exceedthe otherwise applicable maximum allowable increases for periods of exposure of twenty-four hours or less for more than eighteen days, not necessarily consecutive, during any annualperiod:

MaximumAllowable SulfurDioxideIncrease (Microgramsper CubicMeter) PeriodofExposure Low Terrain HighTerrain twenty-four-hour maximum 36 62 three-hourmaximum 130 2213745-31-19

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

Promulgated Under: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01/10/2014 and05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1106 4

### 3745-31-20 Attainment provisions - innovative control technology.



### [Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisionsreferenced in this rule, see "I!!e8Ffl8FfrtieRl9y RefeFeRee" frt tl9e eml ef mle**37~5** 

### 31 01 eftl9e Achninistrfrtive Cede 

### paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Code titled. "referencedmaterials.""] (A) Authority to request approvat An owner or operator ofa proposed major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as attainment for an air pollutant for which the major stationary source or major modification is major may request the director of the Ohio environmental protection agency to approve a system ofinnovative control technology. (B) Limitations on approvat The director ofthe Ohio environmental protection agency, with the written consent ofthe governor(s) ofother state(s) whose air quality may be affected by emissions from the major stationary source or major modification, may determine that the major stationary source or major modification may employ a system ofinnovative controltechnology if: (1) 

### The proposed control system would not cause or contribute to an unreasonable risk to publichealth, welfare orsafety in its operation or function;. (2) The owner or operator agrees to achieve a level of continuous emtsston reduction equivalent to BACT by a date specified by the director. Such date shall not be later than four years from the time ofstart-up or seven years from permitissuance;. (3) The major stationary source or major modification would meet the requirements equivalent to those in rule 3745-31-05 of the Administrative Code and paragraph (A) ofrule 3745-31-07 ofthe Administrative Code based on the emission rate that the major stationary source employing the system of innovative controltechnology wouldbe requiredto meet on the date specified bythe director. (4) The major stationary source or major modification would not, before the date specifiedby the director; do any ofthe following: (a) Cause or contribute to any violation ofany applicable national ambient air quality standard-;-ffl.3745-31-20 2

(b) Impact any ClassI area;-er. (c) Impact any area where an applicable incrementis known tobe violated;. (5) All other applicable requirements including those for public participation under rule 3745-31-06 ofthe Administrative Code havebeenmet. (C)Withdrawal ofapproval. The director shall withdraw any approval to employ a system ofinnovative control technology made underthis rule ifeither ofthe following occur: (1) The proposed systemfails bythe specifieddate to achieve the required emission rate-;-er.:. (2) The director determines that continued operation will cause or contribute to an unreasonable risk to publichealth, welfare orsafety. (D)Extension ofdemonstrationperiod. If a proposed major stationary source or major modification fails to meet the required level ofcontinuous emission reduction within the specified time period, or if the approval is withdrawn in accordance with paragraph (C) of this rule, the director may allow the major stationary source or major modification up to an additional three years to meet the requirement for the application ofBACTthrough use ofademonstrated system ofcontrol.3745-31-20

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRONICALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01110/2014 and05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06, 6/30/08 33745-31-21 Nonattainment provisions- review ofmajor stationary sources and major modifications - stationary source applicability and exemptions.

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisionsreferenced in this rule, see "I11e8fj38Ffftie11

### ey Refere11ee" atthe e11El ef rttle 3745 31 91 efthe Affininistrative CeEle paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Code entitled, "referencedmaterials.'\ 

### J (A) Start construction limitation" No owneror operator ofa major stationary source ormajor modification located in a nonattainment area shall begin actual construction ofsuch major stationary source or major modification unless, as a minimum, the reEJ:ttiref!lellts i11 rules 3745-31-21 to 3745-31-27 ofthe Administrative Code havebeenmetand the owner oroperator ofthe stationary source has obtained a valid Ohio environmentalprotection agency permit-to-install. (B) Airpollutants covered. Tfie reEJ:ttiref!lellts ee11tainea ill mlesRules 3745-31-21 to 3745-31-27 of the Administrative Code shall apply to any major stationary source and any major modification withrespectto eachregulatedNSRpollutantthatthe stationary source would emit, exceptas this rule would otherwise allow. (C) Attainment/nonattainment applicability" Except as provided in F!ile rules 3745-31-21 and 3745-31-23 ofthe Administrative Code, the FeEJ:ttirerllellts ee11tai11ea i11 rules 3745-31-21 to 3745-31-27 of the Administrative Code apply only to any major stationary source or major modification that wouldbe constructed in an area designated under 40 CFR 81.336 as nonattainmentfor an airpollutantfor whichthe stationary source or modification ISmaJOr. (D) PMlO precursors" I11 aeeeraa11ee with the reEJ:ttiremellls ef Seetie11 189 efthe Cleflll Air Aet, majer Major stationary sources and major modifications of PMlO precursors shall be subject to the control requirements that are applicable under plans in effect under Section 189 of the Clean Air Act for major stationary sources and major modifications of PMIO, except where the director determines that such major stationary sources do not contribute significantly to PMIO levels that exceed the PM!0 standard in the area.3745-31-21 2

(E) Cleancoaltechnology" Consistentwith the CleanAir Act, Ohio environmentalprotection agencywtH shall applythe following requirements for cleancoaltechnologydemonstrations: (1)**Applicability~** This paragraph applies to physical or operation changes to existing facilities for the sole purpose of installation, operation, cessation, or removal of a temporary orpermanentcleancoaltechnology demonstrationproject. (2) Temporarycleancoaltechnology demonstrationprojects" Installation, operation, cessation, or removal of a temporary clean coal technology demonstrationproject shall not subject suchdemonstrationproject to therequirements ofSection 111 orPartD ofTitleI ofthe CleanAirAct. (3) Permanentclean coal technology demonstration**projects~** For permanent clean coal technology demonstration projects that constitute repowering, as defined in Section 402(12) of Title IV, (acid deposition control) of the Clean Air Act, any qualifying clean coal technology demonstration project shall not be subject to standards ofperfonnance under Section 111 of the Clean Air Act or to the review and permitting requirements ofPart C ofTitle I ofthe CleanAirAct for any airpollutantthe potential emissions of which will not increase as a result of the clean coal technology demonstrationproject. (4) Exemption for reactivation ofveryclean coal technology units" Physical changes or changes in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation shall not subject the emissions unit to the requirements of Section Ill or Part C ofTitle I ofthe Clean Air Act where the emissions unit: (a) Hasnotbeen in operation for the two-yearpe1iodpriorto the enactment of the Clean Air Act Amendments of 1990, and the emissions from such emissions unit continue to be carried in the director's emission inventory at the time ofenactment;" (b) Was equipped prior to shut-down with a continuous system ofemission control that achieves a removal efficiency for sulfur dioxide ofno less

### 3745-31-21 3

than eighty-five per cent and a removal efficiency for particulate matter ofno less thanninety-eightper**cent;~** 

### (c) Is equipped with low-NO burners prior to the time ofcommencement; ft!!t!. X 

### (d) Is otherwise in compliance withthe requirements ofthe Clean AirAct. (F) Secondary emissions. If a major stationary source is subject to this rule on the basis of the direct emissions from the major stationary source, the applicable conditions ofthis rule ffit'tSt 

### shall also be met for secondary emissions. However, secondary emissions may be exempt from LAER requirements and compliance certification requirements under paragraphs (A)(l) and (A)(2) of rule 3745-31-22 of the Administrative Code. Consideration ofthe indirect impacts ofmotor vehicles and aircraft traffic regulated under Title II ofthe Clean Air Act (motor vehicles and aircraft) is notrequired under this rule.3745-31-21

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRON!CALLY Certification

05119/2014 Date

Promulgated Under: StatutoryAuthority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96,4/27/98, 10/28/04, 12/1106 43745-31-22 Nonattainmentprovisions- conditions for approval.

[Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisionsreferencedin this rule, see 

### "ffies!f1SFffiisRby

### Ref<:weRee" B1:

### the eRE! sf rule**37~5** 31 Gl 

### sfthe AElrniRistretive Csae paragraph (LLLLLL) ofrule 3745-31-01 of the Administrative Code entitled. "referencedmaterials.""] (A) Conditions for permit-to-install approval. Ifthe director finds that a major stationary source or major modification for which a permit-to-install application has been submitted would be constructed in an area designated in 40 CFR 81.336 as nonattainment for an air pollutant for which the major stationary source or major modification is major, approval may be granted only ifthe following conditions are met: (1) Lowest achievable emissionrate (LAER). The major stationary source or major modification is required to meet an emission limitationthat specifies the LAERfor such stationary source. Ifthe director determines that teclmological or economic limitations on the application ofmeasurement methodology to a particular class of stationary sources would make the imposition of an enforceable numerical emission standard infeasible, the director may instead prescribe a design, operational, or equipment standard. Any permits issued without an enforceable numerical emission standard must contain enforceable conditions which assure that the design characteristics or equipment will be properly maintained

### f. or that the operational conditions will be properly perfonnedt, so as to continuously achieve the assumed degree ofcontrol. The LAER is required only for those major nonattainment air pollutants for which the increased allowable emissions exceed the significant emission rates, although the director may choose to require LAER for air pollutants that do not exceedthese values. The new emission limitations for the new stationary source as well as any existing stationary sources affected mustbefederally enforceable. (2) Compliance certification, The applicant fl'ltfSt shall certify that all eXlstmg major stationary sources owned or operated by the applicant

### f. or any entity controlling, controlledby, or under cormnon control with the applicantt, in Ohio as the proposed major stationary source or major modification are in compliance with all applicable emission limitations and standards under the Clean Air Act 

### f, or are in**····-~~---·------·--------------------------------------** .,_,_,), ··q,·" "'''nq !J n·; \'A3745-31-22 2 

### compliance with an expeditious schedule which is federally enforceable or contained in acourtdecreej. (3) Emission**offsets~** 

### (a) Emission reductions (offsets) from existing air contaminant sources in the area ofthe proposed major stationary source 

### 1:, whether or not under the same ownership1. are required such that there will be reasonable progress, as determined by the director, toward attainment of the applicable national ambient air quality standard. (b) Only intra air pollutant emission offsets will be acceptable (e.g., hydrocarbon increases may not be offset against sulfur dioxide reductions) except interprecursor offsetting is permitted for PM2.5 

### emissions in accordance with paragraph (D) 

### ofrule 3745-31-26 

### ofthe Administrative Code. (c) Emission offsets must meet the baseline limitations ofrule 3745-31-24 

### of the Administrative Code, the location limitations ofrule 3745-31-25 

### of the Administrative Code, and the offset ratio limitations of rule 3745-31-26 

### ofthe Administrative Code. (d) Emission offsets are required only for those air pollutants for which the increased allowable emissions exceedthe significantemissionrates. (e) Deereases ifl aemal eftlissiens**res~:~ltiHg** fl'Blfl !fie iHstallatieH ef aEIEI Bfl eefl!i'el teebnelegy er Elj3]3lieatiefl efJ3Bllffiien J3FeveHfieH ffieasl:fl'es !flat were relieEI l:lJ'lBfl ifl ElesigHatiHg Elf! efl!issieHs Hflit as a eleaH ttnit er a )'lfejeet as a PCP eElfllletbe**~:~sea** as effuets. (f) Deereases iH**aet~:~al** eftlissieHs eeel:lffiHg at a eleae l:lilit eaHHBfbe**~:~sea** as effuets, eJ(ee)'lt as J31WiiEieEI iH J3aragrElj3fis (/\)(8) ffila (A)(lO) ef rnle 37q§ 31 30 ef !fie AEiffiiffistrative CeEie. 8ifllilarly, Eleereases iH aetmtl effiissieH:s eeel:nTiHg at a PCP SEffi:flSt Be eseEl as sffsets, eJteeJ3t as J'lfB'<'iEieEI ifl J3ElfagFElj3fl (B)(G)(EI) ef rnle 37

### q § 31 31 ef !lie AEiffiiHistrative Cede. (g1(!D 

### The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with Section 173 

### ofthe Clean Air Act shall be determined by summing the difference between the allowable em1ss1ons after the major modification and the actual emissions before the modification for each emissions unit.

### 3745-31-22 3



### (4) Net air qualitybenefit, The emission offsets must provide a positive net air quality benefit in the affected area pursuant to rule 3745-31-25 of the Administrative Code. Atmospheric dispersion modeling is not necessary for VOCs and nitrogen oxides in ozone nonattainment areas. Instead, complying with the requirements ofparagraphs (A)(1) to (A)(3) ofthis rule and rule 3745-31-25 of the Administrative Code will be considered adequate to meet this condition. (5) Reasonable further progress. Permits-to-install may be issued ifthe director determines that. by the time the source is to commence operation. sufficient offsetting emissions reductions have been obtained. such that total allowable emissions from existing sources in the applicable nonattainment areas. from new or modified sources which are not major emitting facilities. and from the proposed source will be sufficiently less than total emissions from existing sources priorto the application for such permit to construct or modify so as to represent reasonable further progress as defined in Section 171 ofthe CleanAirAct. (B) Exemptions from certain conditions, (1) Fuel switch exemption, The director may exempt the following major stationary sources or major modifications from the limitation required under paragraph (D)(l) of rule 3745-31-23 ofthe Administrative Code or the emission offsets required under paragraphs (A)(3) and (A)(4) ofthis rule: Major stationary sources that must switch fuels due to lack ofadequate fuel supplies or where a major stationary source is required to be modified as a result ofnew United States environmental protection agency regulations and no exemption from such regulation is available to the major stationary source. Such exemptions maybe granted only ifthe following applies: (a) The applicant demonstrates that it made its best efforts to obtain sufficient emission offsets and that such efforts were unsuccessful; (b) The applicant has secured all available emission offsets; and (c) The applicant will continue to seek the necessary emission offsets and3745-31-22 4

apply them when theybecome available. (2) Temporary stationary sources/portable facilities/construction**emissions~** The director may exempt the following major stationary sources or major modifications from the emission offsets required underparagraphs (A)(3) and (A)(4) ofthis rule: (a) Portable facilities that will be relocated outside ofthe nonattainrnent area aftera shortperiod oftime;-flHt:i. (b) Emissions generated from the construction phase of a new maJor stationary source.3745-31-22

Effective: R.C. 119.032 review dates:

CERTIFIED ELECTRON!CALLY Certification

05119/2014 Date

PromulgatedUnder: Statutory Authority: Rule Amplifies: PriorEffective Dates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 10/28/04, 12/1/06,6/30/08 53745-31-23 Nonattainment provisiOns - stationary sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a national ambient air quality standard.

[Comment: For dates and availabilitv of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutoryprovisions referenced in this rule, see "Ineeljleffitie!l

### ey RefeFe!lee" atthe e!!EI ef mle 3745 31 Gl efthe AEimiflistFative Ceae paragraph CLLLLLL) ofrule 3745-31-01 of the Administrative Code entitled. "referencedmaterials.""] (A) Applicability. This rule applies only to major stationary sources ormajormodification thatwill be located in an area designated in 40 CFR 81.336 as attainment or unclassifiable if the emissions from the major stationary source or majormodification would exceed the following significance levels at any locality that does not meet the national ambient air quality standard: Averaging Time (Hours) AirPollutant Annual 24 8 3 1 Sulfur dioxide 2 l.Of1g/m3 5.0f1g/m3



### -------- 25f1g/m3

-------- 

### +&P- 

### ± .9j:tg/ffi3 §

.Q j±g,ltfi3 

# -- -- 

# -- PM10 l.Of1g/m3 5.0f1g/m3



### -------- -------- 

### -------- PM2.5 0.3b!gim3 1.2b!gim3



### -------- -------- -------- Nitrogen l.Of1g/m3



### -------- -------- -------- --10uQ/r dioxide Carbon

-------- 

### -------- 500f1g/m3



### -------- 2mg/m3 monoxide (B) Requirements and exemptions. Major stationary sources or majormodifications to which this section applies ff!ltS! shall meet the LAER FeEtttiFeme!lts under paragraph (A)(1) ofrule 3745-31-22 of the Administrative Code, the compliance certification FeEtttiFementunder paragraph (A)(2) of rule 3745-31-22 of the Administrative Code, and the net air quality benefit FeE!tfiFetnent under paragraph (A)(4) of mle 3745-31-22 of the Administrative Code. However, such major stationary sources or major modifications are exempt from the offset requirements under paragraph (A)(3) of rule 3745-31-22 oftheAdministrative Code.

' '}J 3

### 3745-31-23 2



### (C) Review ofspecifiedmajor stationary sources for air quality impact. (1) For sulfur dioxide, particulate matter, PMIO. PM2.5 and carbon monoxide, the detennination ofwhether amajor stationary source ormajormodification will cause or contribute to a violation ofa national ambient air quality standard is be made on a case-by-casebasis using the major stationary source's allowable emissions in an atmospheric dispersionmodel. (2) For major stationary sources of nitrogen oxides, the initial determination of whether a major stationary source would cause or contribute to a violation of the national ambient air quality standard for nitrogen dioxide will be made using an atmospheric model assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches ground level. The initial concentration estimates may be adjusted if adequate data are available to account for the expected oxidationrate. (3) For ozone, major stationary sources of VOCs, locating outside a designated ozone nonattainment area, will be presumed to have no significant impact on the designated nonattainment area. If ambient monitoring indicates that the area of major stationary source location is in fact nonattaimnent, then the major stationary source may be permitted under the provisions ofthe Ohio state implementation plan adopted pursuant to Section 110(A)(2)(d) of the Clean Air Act until the area is designated nonattainment and the Ohio state implementation plan revision is approved. If no Ohio state implementation plan pursuantto Section 110(A)(2)(d) ofthe Clean Air Act has been adopted and approved, thenthis rule shall apply. (4) The determination as to whether a major stationary source would cause or contribute to a violation ofa national ambient air quality standard should be made as of the new stationary source's start-up date. Therefore, if a designated nonattaiment area is projected to be an attainment area as part of an approved Ohio state implementation plan control strategy by the new stationary source start-up date, offsets will not be required if the new stationary source wouldnot cause anew violation. (D) Major stationary sources locatedinclean air areas. Ifthe director finds that the emissions from a proposed major stationary source would cause a new violation ofa national ambient air quality standards, but would not contribute to an existing violation, approval may be granted only ifboth ofthe following conditions are met:3745-31-23

(1) 3

(a) The major stationary source is required to meet a more stringent emission limitation and/or the control of existing stationary sources below allowable levels is required so that the major stationary source will not cause a violation ofany national ambient air quality standard. (b) Ifthe director determines that technological or economic limitations on the application of measurement methodology to a particular class of major stationary sources would make the imposition ofan enforceable numerical emission standard infeasible, the director may instead prescribe a design, operational, or equipment standard. Any permits issued without an enforceable numerical emission standard must contain enforceable conditions which assure that the design characteristics or equipment will be properly maintained (or that the operational conditions will be properly performed) so as to continuously achieve the assumed degree of control. Such conditions shall be enforceable as emission limitations by private parties under Section 304 of the Clean Air Act. Thereafter, the term emission limitation shall also include such design, operational, or equipment standards. (2) The new emission limitations for the major stationary source as well as any existing stationary sources affectedmustbe federally enforceable.3745-31-23

Effective: R.C. 119.032review dates:

CERTIFIED ELECTRON!CALLY Certification

05/19/2014 Date

PromulgatedUnder: StatutoryAuthority: Rule Amplifies: PriorEffectiveDates: 05/29/2014 01/10/2014 and 05/29/2019

119.03 3704.03(F) 3704.03(A), 3704.03(F) 4/12/96, 12/1/06 4