.iohn R. Kasich, Governor 

Mary Taylor, Lt. Governor 

Craig W. Butler, Director 

!J\JN 1 9 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On May 19, 2014, Ohio EPA adopted amended, new and rescinded rules in Ohio 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) Chapter 3745-31. The rules will be effective at the state level 

on May 29, 2014. A draft of this package was submitted to U.S. EPA on May 6, 2014 with a 

request for parallel processing. No changes to the rules have occurred between that draft 

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 

USEPA which US EPA has already finalized action on, and address any applicable Clean 

Air Act section 110(a)(1) and (2) "infrastructure SIP" requirements for which 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these amended, new and rescinded rules as amendments to Ohio's state implementation 

plan (SIP). 

The rules submitted with this letter include language incorporating EPA requirements for 

implementation of the New Source Review (NSR) program for fine particulate matter (that 

is, particles with an aerodynamic diameter less than or equal to 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 for fine particulate pollution, promulgated on October 20, 2010. 

As a fully approved NSR program, Ohio EPA was 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 Chapter 37 45-31 not directly 

related to U.S. EPA's PM2.5 NSR implementation final rule. These second set of changes 

contain a host of revisions, including; adding or clarifying requirements to address 

Infrastructure State Implementation Plan (SIP) deficiencies identified by U.S. EPA (77 FR 

65478), revising and adding definitions, adding federal land manager notification 

50 West Town 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 or typographical changes. 

At this time, Ohio EPA is requesting U.S. EPA approval of these changes for incorporation 

into the SIP with the following exceptions: 

1) Paragraph (I) of OAC rule 37 45-31-01 

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 

The following documents are attached for your consideration per the requirements of 40 

CFR Part 51, Appendix V: 

This letter should meet the requirements in 40 CFR Part 51, Appendix V, Section 2.1 (a): a 

"formal letter of submittal from the Governor or 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) 

Evidence that the State has adopted the plan in the State code or body of regulations; 

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 of the plan, if different from the adoption/issuance date. 

40 CFR Part 51, Appendix V, Section 2.1 (d) 

A copy of the actual regulation, or document submitted for approval and incorporation 

by reference into the plan, including indication of the changes rnade to the existing 

approved plan, where applicable. The submittal shall be a copy of the 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 of the 29 rules, in red line and strikeout, are being submitted for approval 

and incorporation by reference into the plan. The copies are included as evidence that the 

State has adopted the body of regulations in final form. This submittal includes copies of 

the official State regulations signed, stamped, and dated by the appropriate State official 

indicating that they are fully enforceable by the State. The effective date of each regulation 

is indicated in the document itself. Please consider that Ohio has an electronic rule filing 

system and all certifications/signatures of regulations are done electronically. 
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Article Two addresses the following requirement: 

Copies of the public notice of adoption and Director's Findings & Orders have been 

included as evidence of the date of adoption as well as the effective date of the regulations 

and evidence that public notice was given of the proposed changes consistent with 

procedures approved by EPA, including the date of publication of such notice. 

Requirements of 40 CFR Part 51, Appendix V, Section 2.1(c): 

Evidence that the State has the necessary legal authority under State law to adopt 

and implement the plan. 

Ohio's legislature has given Ohio EPA authority under paragraphs (A) and (E) of Section 

3704.03 of the Ohio Revised Code (ORC) to enact these rules. Copies of these sections of 

the ORC can be provided upon request. 

Article Three addresses the following requirements: 

40 CFR Part 51, Appendix V, Section 2.1(e) 

Evidence that the State followed all of the procedural requirements of the State's laws 

and constitution in conducting and completing the adoption/issuance of the 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 of such 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 of the 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 of the 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, if applicable. 

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 EPA will also provide U.S. EPA an exact duplicate electronic version ofthis submittal. 

Details about where to access the electronic copy will be provided in a subsequent 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 of Air Pollution Control 

Attachment 

Article I 

Certified Copy of Rules 

3745-31-01 Definitions. 

[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 (LLLLLLl of this rule titled the 

"Irteerperatiellll)' Rerere11ee"referenced materials." seetie11 at tHe e11a eftfiis rule.] 

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

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

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

Act. 

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

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

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

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

3745-31-33 of the Administrative Code. 

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

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

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

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

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

representative of normal emissions unit operation. Actual emissions shall be 

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

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

time period. 

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

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

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

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

on that date. 

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

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

to emit the PAL pollutant. 

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

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

does not meet the definition of a modification under this rule. 
3745-31-01 2 

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

under Title IV of the Clean Air Act. 

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

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

(I) "Air contaminant source," for 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 standard has been adopted under tbe Clean Air Act. 

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

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

Code. 

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

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

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

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

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

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

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

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

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

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

those with a future compliance date; or 

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

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

compliance date. 

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

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

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

of the United States environmental protection agency (including any Ohio rule. law. 

or provision of the Ohio state implementation plan that has been approved or 

promulgated by the United States environmental protection agency.). 

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

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

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

light Eltit)· trucks, but do not perform collision repair work, are also included in this 

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

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

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

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

options for a major MACT source, information contained in the following 

information sources as of the date of the MACT determination by the director: 

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

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

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

developed pursuant to Section 113 of the Clean Air Act;-~ 

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

System" including information in the 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 available by 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, at which the unit actually emitted the 

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

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

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

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

that it is more representative of normal source operation. 
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 

consecutive twenty-four-month period. 

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

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

be used to determine the baseline actual emissions for the emissions 

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

can be used for each regulated NSR pollutant. 

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

period for which there is inadequate information for determining annual 

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

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

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

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

which the emissions unit actually emitted the pollutant during any 

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

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

operator begins actual construction of the 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 

than November 15, 1990. 

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

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions. 

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

non-compliant emissions that occurred while the source was operating 

above an emission limitation that was legally enforceable during the 

consecutive twenty-four-month period. 

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

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

stationary source must currently comply, had such major stationary 

source been required to comply with such limitations during the 

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

limitation is part of a MACT standard that the administrator proposed 

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

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

reductions in an attainment demonstration or maintenance plan 

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

Administrative Code. 

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

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

be used to determine the baseline actual emissions for the emissions 

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

can be used for each regulated NSR pollutant. 

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

period for which there is inadequate infonnation for determining annual 

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

paragraphs (0)(2)(b) and (0)(2)(c) of this rule. 

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

determining the emissions increase that will result from the initial 

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

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

emit if operation of the new emissions unit has begun. 

(4) For a 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) of this rule, and for a new emissions unit in accordance with 

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

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

attainment or unclassifiable under Section I 07( d) of the Clean Air Act in which the 

major stationary source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact 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 per cubic meter for PM2.5. ef.tfte 

air flelltltaat fer whieh the fHiRer setR'ee easeliRe Elate is estaelishea. 

Any baseline area established originally for the TSP increments shall remain in 
3745-31-01 6 

effect and shall apply for pnrposes of detennining the amount of available PMlO 

increments, except that such baseline area shall not remain in effect if the permit 

authority rescinds the corresponding minor source baseline date in accordance with 

paragraph (000)(4) (QQQ)(5)ofthis rule. 

Area redesignations under Section 107 (d) of the 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 source baseline date; or 

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

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

redesignation. 

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

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

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

date is established and shall include: 

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

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

paragraph (Q)(3) of this rule; 

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

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

by the applicable minor source baseline date. 

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

the applicable maximum allowable inerease(s) increase: 

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

on which construction commenced after the major source baseline date; 

and 

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

stationary source occurring after the minor source baseline date. 

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

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

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

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

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

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

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

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

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

determines is achievable for such major stationary source or major modification 

through application of production processes or available methods, systems and 

techniques, including fuel cleaning or treatment or innovative fuel combustion 

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

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

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

that technological or economic limitations on the application of measurement 

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

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

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

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

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

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

means which achieve equivalent results. 

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

material specifications, throughput limitations, source design characteristics, an 

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

control devices that have been previously demonstrated to the director of 

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

similar air quality on substantially similar air pollution sources. 

(U) "Clean Air Act" means the federal Clean Air Act as 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 of sulfur dioxide or oxides 

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

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

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

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

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

demonstration of clean coal technology, or similar projects funded through 

appropriations for the United States environmental protection agency. The federal 

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

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

project. 

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

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

(Y) 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 or permits and either has: 

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

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

a reasonable time; or 

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

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

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

major modification to be completed within a reasonable time. 

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

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

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

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

consumers. 

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

contains all the information necessary for processing the application. Designating 

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

director from requesting or accepting any additional information. 

(CC) "Construct a major MACT 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 

common control and which emits or has the potential to emit ten tons per year 

or more of any HAP or twenty-five tons per year or more of any combination 

of HAPs, or 

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

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

or more of any HAP or twenty-five tons per year or more of any combination 
3745-31-01 9 

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

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

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

Administrative Code will be controlled by emission control equipment 

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

production unit; 

(b) One of the following determinations has been made: 

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

fabrication, erection, or installation of the process or production 

unit that the existing control equipment represented the BACT, 

LAER, BAT, or MACT based on air taxies rules for the category 

of pollutants which includes those HAPs to be emitted by the 

process or production unit; or 

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

by the existing equipment will be equivalent to that level of 

control currently achieved by other well-controlled similar 

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

be provided by a current BACT, LAER, BAT, or air toxic 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 equivalent to the per cent control efficiency provided 

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

production unit; 

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

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

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

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

MACT determination; 

(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 of control required by that 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 V pennit for the affected facility or 

will be incorporated into such penni! upon issuance. 

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

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

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

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

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

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

emissions on a continuous basis. 

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

equipment required for the detennination and recording of the pollutant mass 

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

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

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

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

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

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

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

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

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

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

process changes, substitution of materials or other modifications; 

(2) Enclose systems or processes to eliminate emissions; 

(3) Collect, capture, or treat such pollutants when released from a process, stack, 

storage or fugitive emissions point; 

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

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

7412(h); or 

(5) Are a combination of paragraphs (HH)(l) to (HH)(4) of this 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 Clean Air Act. 

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

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

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

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

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

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

fuel or kerosene by the "American Petroleum Institute". 

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

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

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

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

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

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

electrical energy output capacity of the affected facility. 

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 of the 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. or the 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 

and is used only during the following: 

(1) Emergencies. 

(2) Any combination of the following purposes for a maximum of 100 hours per 

calendar year: 

Ca) Maintenance checks and readiness testing. provided that the tests are 

recommended by federal. state or local government. the manufacturer 
3745-31-01 12 

the vendor the regional transmission organization or equivalent 

balancing authoritv and transmission operator. or the insurance 

company associated with the engine. 

(b) Emergency demand response for periods in which the regional 

transmission authoritv or equivalent balancing authority and 

transmission operator has 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 of voltage or frequency of five per cent 

or greater below standard voltage or frequency. 

(d) Operation of up to fifty hours per calendar year to supply power as part of 

a financial arrangement with another entity if all of the conditions in 

paragraph (NN)(d)(i) to CNN)(d)(v) of this rule are met. The fifty hours 

of non-emergency operation are counted as part of the one hundred 

hours per calendar year described in paragraph (NN)(2) of this 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 avert potential voltage collapse or 

line overloads that could lead to the interruption of power supply 

in a local area or region. 

(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 itself or 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 on behalf of the 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 in paragraph (NN)(2)(d) of this rule are met. 
3745-31-01 13 

fMM:ICOO) "Emissions unit" means any part of a stationary source that emits or would 

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

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

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

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

emissions units: 

(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 in paragraph (MM)(l) (00)11) of this 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 or registration status PTIO that is registered for express processing 

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

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

fGG):(Q.Q). "Facility" means all of the air contaminant sources that belong to the same 

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

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

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

intemal 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. Air contaminant 

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

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

"Standard Industrial Classification Manual." 

fll-P1CRR) "Federal land manager" means, with respect to any lands in the United States, 

the secretary of the department with authority over such lands. 

~(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 lithographic printing process. 

~CUU) "Fugitive emissions" means those emissions that cannot reasonably pass 

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

f+BCVV) "General permit" means a general permit-to-install or a general PTIO. 

ftltl}CWW) "General permit-to-install" or "general PTIO" means a permit-to-install or 

PTIO issued under rule 3745-31-29 of the 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 

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

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

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

f¥¥1(AAA) "Indian governing body" means the governing body of any tribe, band, or 

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

the United States as possessing power of self-government. 

~ "Indian reservation" means any federally recognized reservation established 

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

(AAA)(CCC) "Innovative control technology" means any system of air pollution control 

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

likelihood of achieving greater continuous emission reduction than any control 

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

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

(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 light ffiHy truck by an auto body refinishing 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 without the use of an ani! ox roller. 

fEBE7CGGG) "List of source categories" means the source category list required by 

Section 112(c) of the Clean Air Act. 

fH"F1CHHH) "Low terrain" means any area other than high terrain. 

(GGG)CIII) "Lowest achievable emission rate" or "LAER", for any emissions unit, means 

the more stringent rate of emissions based on the 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 of this 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 required by paragraph (E) of rule 3745-31-28 of the Administrative Code. 

I:HJ1CKKK) "Major MACT source" means any process or production unit that in and of 

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

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

f.JJJ7CLLL) "Major modification" means: 

AHy J9hj·sieal ehaage iH er efiaHge iH the metflea ef eJ9eratie!! ef a 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 would result in a combination of the following: 

f!-tfl!). A significant emissions increase of a regulated NSR pollutant;-Em~t 

ft:t.(h) A significant net emissions increase of that 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 of major modification, a NSR 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 if it 

does not cause a significant emissions increase. If the NSR project 

causes a significant emissions increase, then the NSR project is a major 

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 

or nitrogen oxides shall be considered significant for ozone. 

~ill The procedure for calculating (before beginning actual construction) whether 

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

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

paragraphs (JJJ)(q)(a) te (JJJ)(q)(e) (LLL)C4)Ca) to (LLL)C4)(c) of this rule. 

The procedure for calculating (before beginning actual construction) whether 

a significant net emissions increase will occur at the major stationary source 

(i.e., the second step of the process) is contained in paragraph~ CVVV) 

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

modification results if the NSR project causes a significant emissions increase 

and a significant net emissions increase. 

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

involve existing emissions units. 

A significant emissions increase of a regulated NSR pollutant is 

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

actual emissions and the baseline actual emissions, for each existing 

em1ss1ons unit, equals or exceeds the significant amount for that 

pollutant. 

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

a new emissions ~unit. 
3745-31-01 17 

A significant emisswns increase of a regulated NSR pollutant is 

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

emit from each new emissions unit following completion of the NSR 

project and the baseline actual emissions of these emissions units before 

the NSR project equals or exceeds the significant amount for that 

pollutant. 

(c) 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 

respect to each emissions unit, for each type of emissions unit equals or 

exceeds the significant amount for that pollutant. 

f§-1@ A physical change or change in the method of operation shall not include the 

following: 

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

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

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

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

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

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

of the Clean Air Act;. 

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

fuel is generated from municipal solid waste;. 

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

one of the following: 

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

of accommodating before December 21, 1976, unless such change 

would be prohibited under any federally enforceable permit 

condition that was established after December 21, 1976, pursuant 

to 40 CFR 52.21 or under regulations approved pursuant to 40 

CFR Part 51, Subpart I or 40 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, Subpart I or 40 CPR 51.166;-er~ 

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

applicable nonattainment NSR permit or PSD permit;. 

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

change is prohibited under any federally enforceable permit condition 

that was established after the following: 

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

CPR 52.21 or under regulations approved pursuant to 40 CPR 

Part 51, Subpart I or 40 CPR 51.166;-er, 

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

under regulations approved pursuant to 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 demonstration project and after it is terminated. 

(i) For PSD purposes only, tbe installation or operation of a permanent clean 

coal technology demonstration project that constitutes repowering, 

provided that the project does not result in an increase in the potential to 

emit of any regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis. 
3745-31-01 19 

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

utility steam generating unit. 

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 of the Administrative Code for a PAL 

for that pollutant. Instead, the definition under paragraph (IHIIHI) (JJJJ) of 

this rule shall apply. 

(KKK)IMMM) "Major source baseline date" means: 

(1) In the case of a partieelate ffiJ*ter PMJO and sulfur dioxide, January 6, 1975; 

tlfitl" 

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

13) In the case ofPM2.5. October 20. 2010. 

f-'1® The baseline date is established for each pollutant for which increments or 

other equivalent measures have been established if the 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) of the Clean Air Act for the pollutant on the date of its complete 

application under 40 CFR 52.21 or the requirements of rules 

3745-31-11 to 3745-31-20 of the Administrative Code;--£1ftE!" 

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

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

be a significant net emissions increase of the pollutant. 

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) of this rule except as restricted under paragraphs (LLL)(3) te (LLL)(5) 

INNN)(3l to (NNNl(5) of this rule. 

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

pollutant: 

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

one hundred tons per year or more of the given regulated NSR pollutant, or 
3745-31-01 20 

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

pollutant: 

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

the potential to emit, one hundred tons per year or more of any 

regulated NSR pollutant: 

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

million British thermal units per hour heat input;. 

(ii) Coal cleaning plants (with thermal dryers},. 

(iii) Kraft pulp mills;. 

(iv) Portland cement plants;. 

( v) Primary zinc smelterst. 

(vi) Iron and steel mill plantst. 

(vii) Primary aluminum ore reduction plants;. 

(viii) Primary copper smelterst. 

(ix) Municipal incinerators capable of charging more than tewe httadFea 

fifty tons of refuse per dayt. 

(x) Hydrofluoric, sulfuric or nitric acid plantst. 

(xi) Petroleum refineriest. 

(xii) Lime plantst. 

(xiii) Phosphate rock processing plants;. 

(xiv) Coke oven batteriest. 

(xv) Sulfur recovery plantst. 
3745-31-01 21 

(xvi) Carbon black plants (furnace process);~ 

(xvii) Primary lead smelters;~ 

(xviii) Fuel conversion plants;~ 

(xix) Sintering plants;~ 

(xx) Secondary metal production plants;~ 

(xxi) Chemical process plants except for ethanol production facilities 

that produce ethanol by natural fermentation included in NAICS 

codes 325193 or 312140;~ 

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

two hundred fifty million British thermal units per hour heat 

input;~ 

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

exceeding three hundred thousand barrels;~ 

(xxiv) Taconite ore processing plants;~ 

(xxv) Glass fiber processing plants~~ 

(xxvi) Charcoal production plants;-ffi'~ 

(b) Notwithstanding the stationary source size specified in paragraph 

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

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

any regulated NSR pollutant. 

(3) A major stationary source that is major for VOCs or nitrogen oxides shall be 

considered major for ozone. 

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

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

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

following categories of stationary sources: 
3745-31-01 22 

(a) Coal cleaning plants (with thermal dryersk 

(b) Kraft pulp millst~ 

(c) Portland cement plantst~ 

(d) Primary zinc smelterst~ 

(e) Iron and steel millst~ 

(f) Primary aluminum ore reduction plantst~ 

(g) Primary copper smelterst~ 

(h) Municipal incinerators capable of charging more than twe fittflEIFea fifty 

tons of refuse per dayt~ 

(i) Hydrofluoric, sulfuric, or nitric acid plantst~ 

(j) Petroleum refineriest~ 

(k) Lime plantst~ 

(!) Phosphate rock processing plantst~ 

(m) Coke oven batteriest~ 

(n) Sulfur recovery plantst~ 

(o) Carbon black plants (furnace processk 

(p) Primary lead smelterst~ 

( q) Fuel conversion plantst~ 

(r) Sintering plantst~ 

(s) Secondary metal production 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 

hundred fifty million British thermal units per hour heat input;-~ 

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

exceeding three hundred thousand barrels;~ 

(w) Taconite ore processing plants;:. 

(x) Glass fiber processing plants;~ 

(y) Charcoal production plants;-~ 

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

million British thermal units per hour heat input;-~ 

( aa) Any other stationary source category which, as of August 7, 1980, 1s 

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

( 5) Any physical change that would occm at a stationary somce not qualifYing 

under paragraph f-6I±1 (NNN) of this rule as a major stationary somce would 

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

major stationary source by itself. 

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

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

environmental impacts and energy requirements, detennines is achievable by the 

constructed or reconstructed major MACT 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 

of the air contaminant source based upon operating eight thousand seven hundred 

sixty hours per year in the absence of control equipment. 
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 of rules 3745-31-11 to 3745-31-20 of the 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 of nitrogen dioxide, February 8, 1988. 

(3) In the case ofPM2.5. October 20. 2011. 

f.l1(f\ The baseline date is established for each pollutant for which increments or 

other equivalent measures have been established if the 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) of the Clean Air Act for the pollutant on the date of its complete 

application under 40 CFR 52.21 or the requirements of rules 

3745-31-11 to 3745-31-20 of the Administrative Code;-tt!*l. 

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

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

be a significant net emissions increase of the pollutant. 

t41ill Any minor source baseline date established originally for the TSP increments 

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

of available PM! 0 increments, except that the director may rescind any such 

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

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

net emissions increase from the major modification, responsible for triggering 

that date did not result in a significant amount ofPMlO emissions. 

~ "Model general permit" means a document that the director has developed 

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

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

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

source. 

(QQQ)CSSS) "Modify" or "modification" means: 
3745-31-01 25 

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

(a) Any air contaminant source that: 

(i) Results in an increase in the allowable emissions; or 

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

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

of air contaminant not previously emitted; or 

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

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

existing air contaminant source from another state, county, or 

other geographic location; or 

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

modification under applicable regulations promulgated by the 

administrator of the United States environmental protection 

agency regarding new source performance standards or national 

emission standards for hazardous pollutants, or is either a new 

source or a reconstruction under applicable rules promulgated by 

the administrator under Section 112 of the Clean Air Act. 

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

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

raw material that the source is capable of accommodating and is 

not expressly prohibited from using under any permit condition or 

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

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

prohibited under any permit condition or applicable requirement 

of the Ohio environmental protection agency or the Clean Air 

Act. 

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

pollution prevention projects that the director has determined, in 

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 of an increment per paragraph (B) of rule 

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

visibility limitation, or are expressly prohibited under any Ohio 

environmental protection agency or Clean Air 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) of section 3704.03 of the 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/m3

, f'.veffij· fetlf l!ettr annual 

average;~ 

(iii) Tetal sttsj'leHaea j'lartiet~late teR J±giftl3

, t\veRt)' fetlf l!etlf a-verage; 

(iv) 8t~!ftlf ElieRiae J'ifteeH J±g,'rfi3

, PNeRt)' fet~r l!etlf a-verage; 

(Y) Leaa Q, 1 J±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-hour average. 

Cv) Sulfur dioxide- thirteen ug/m3. twenty-four-hour average. 

(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 other types of Resource Conservation and Recovery Act (RCRA) SubtitleD 
3745-31-01 27 

wastes (rule 3745-50-10 of the Administrative Code) such as commercial solid 

waste, nonhazardous sludge, and industrial solid waste. Portions of a MSW landfill 

may be separated by access roads. A MSW landfill may be publicly or privately 

owned. A MSW landfill may be a new MSW landfill or existing MSW landfill. 

~(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 implementation plan. 

t++'BNVV) "Net emissions increase" means, with respect to any regulated NSR 

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

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

zero: 

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

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

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

that are contemporaneous with the particular change and are otherwise 

creditable. Baseline actual emissions for calculating increases and decreases 

under paragraph t++'B CVVV) of this rule shall be determined as provided in 

paragraph (0) of this 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) of this rule: 

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

increase from the particular change only if it 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 of the 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 on it in issuing a pennit for the stationary source 

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

effect when the increase in actual emissions from the particular change 
3745-31-01 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 of actual emissions exceeds the old level;. 

(e) A decrease in actual emissions is creditable only te the ellteffi that if the 

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) It The decrease is enforceable as a practical matter at and after the 

time that actual construction on the particular change begins;. 

(iii) It The decrease has approximately the same qualitative significance 

for public health and welfare as that attributed to the increase 

from the particular change;. 

(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 or reasonable 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) of this rule shall not apply for determining creditable 

increases and decreases or after a change. 

(UUU)CWWW) "New source" means any air contaminant source for which an owner or 
3745-31-01 29 

operator undertakes a continuing program of installation or modification or enters 

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

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

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

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

contaminant source is considered a new source. 

(VVV)CXXXl "New source review project" or "NSR project" means a physical change 

in, or change in the method of operation of, an existing major stationary source for 

which a permit-to-install or a permit-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!e this chapter, means that the area has been designated as nonattainment in 40 

CFR 81.336. 

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

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

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

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

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

(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 

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

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

found in paragraph (B)(l6) of rule 3745-76-01 of the Administrative Code. 

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

(I) Except as discussed in paragraph (AAAA)(2) CCCCC)C2) of this rule, a 

non-road engine is any internal combustion engine: 

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

purpose by both propelling itself and performing another function (such 

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

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

performing its function (such as lawnmowers and string trimmers); or 
3745-31-01 30 

(c) That, by itself or in or on a piece of equipment, is portable or 

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

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

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

platform. 

(2) An engine is not a non-road engine if any of the 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 

of the Clean Air Act;-ef~ 

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

promulgated under Section Ill of the Clean Air Act;-ef~ 

(c) The engine otherwise included in paragraph (AAAA)(l)(e) (CCCC)(l)(c) 

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

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

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

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

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

as the engine replaced will be included in calculating the consecutive 

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

after the engine is removed from the location;-ef~ 

(d) Engines used in aircraft 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 CPR Parts 7, 36, 56, 57, 70, and 75;-ef~ 

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

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

subject to the requirements of 40 CPR Part 89);-ei'~ 

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

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

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

centimeters. 

(BBBB)CDDDD) "Ohio state implementation plan" means the plan submitted by the state 

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

response to Section 110 of the Clean Air Act. 

(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 in this 

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

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

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

emissions unit's potential to emit. 

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

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

enforceable as a practical matter should be added after federally enforceable. 

(EEEE)CGGGG) "PAL effective date" generally means the date of issuance of the PAL 

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

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

and begins to emit the PAL pollutant. 

(FFFF)CHHHH) "PAL effective period" means the period beginning with the PAL 

effective date and ending ten years later. 

~"PAL major emissions unit" means either of the following: 

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

year or more of the PAL pollutant in 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) of the Clean Air Act, an emissions unit would be a PAL major 
3745-31-01 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 or more tons 

ofVOC per year. 

(HIIIIII)(JJJJ) "PAL major modification" means, notwithstanding this rule (the 

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

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

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

f!Hl1CKKKK) "PAL permit" means the permit-to-install issued by the director that 

establishes, incorporates or modifies a PAL for a major 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 

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

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

lower for that PAL pollutant, but less than the amount that would quality the unit as 

a PAL major emissions unit as defined in 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 Clean Air Act, whichever is 

lower. 

(MMMM)(OOOO) "Particulate matter" shall have the same meaning as found in rule 

3745-17-01 of the Administrative Code. 

(J>Jl>Jl>l"N)CPPPP) "Particulate matter emissions" shall have the same meaning as found in 

rule 3745-17-01 of the 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 

in duration. 

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

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

(TTTT) "PM2.5" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal2.5 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 CFR Part 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 other inorganic 

particles (including but not 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. specified in 40 CFR Part 5 I. Appendix M. 

(WWWW) "PM2.5 precursor" means those air pollutants other than PM2.5 direct 

emissions that Ohio EPA has demonstrated with USEP A approval. significantly 

contribute to the formation of PM2.5 in a specific area. PM2.5 precursors include 

sulfur dioxide and nitrogen 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 equivalent method designated in 40 CFR Part 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 emitted to the ambient air as measured by an applicable reference method, 

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

(SSSS) ReseFVee. 

(TTTT)(ZZZZ) "Pollution prevention" means any activity that through process changes, 

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

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

other pollutants to the environment prior to recycling, treatment, or disposal; it does 
3745-31-01 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's judgment, is specifically designed to be transferred to a new site as needs 

warrant. 

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

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

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

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

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

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

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

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

emissions is federally enforceable or legally and practicably enforceable by the 

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

stationary source. 

(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 per hour) on a continuous basis. 

(XXXX)CDDDDD) "Prevention of significant deterioration increment" or "PSD 

increment" means an allowable increment specified in paragraph (B) of rule 

3745-31-11 of the 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 that has been approved by the administrator and incorporated into the plan 

to implement the requirements of 40 CFR 51.166, or under the program in 40 CFR 

52.21. 

(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 or production unit. 

[Comment: The definition of a process or production unit can be determined by the 

intermediate product of a process. For example, at a plant which manufactures 
3745-31-01 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 of boat hulls. The new spray guns will have a potential to emit 

greater than ten tons per year of a single HAP. In this example, the fiberglass hull 

of a boat is an intermediate product in the manufacture of a final product (a boat). 

The collection of equipment needed to manufacture the 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 of themselves do 

not produce the intermediate product, they are not in and of themselves a process or 

production unit, and therefore are not subject to review under rule 3745-31-28 of 

the Administrative Code. Other examples of the applicability of this definition are 

found at 61 Fed. Reg. 68391-68392 (December 27, 1996).] 

(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 of the five years (twelve-month period) following the 

date the emissions unit resumes regular operation after the NSR project, or in any 

one of the ten years following that date, if the 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 of the 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 of business 

activity, the company's filings with the state or federal regulatory authorities, 

and compliance plans under the approved plan; 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 particular NSR project, that portion of the emissions unit's emissions 

following the NSR project that an existing emissions unit could have 

accommodated during the consecutive twenty-four-month period used to 

establish the baseline actual emissions under paragraph (0) of this rule and 
3745-31-01 36 

that are also unrelated to the particular NSR project, including any increased 

utilization due to product demand 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) of this rule, may elect to use 

the emissions unit's potential to emit, in tons per year, as defined under 

paragraph (VVVV) CBBBBB) of this 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 subject to Chapter 3745-77 of the Administrative Code. 

(IIIII) "Publicly owned treatment works" or "POTW" means any device or system used in 

the treatment (including recycling and reclamation) of domestic sewage or 

industrial waste of a liquid nature that is owned by a municipality. county or state 

entity or any public body created under state law that has authority over disposal 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 of operation 

associated with the commencement of commercial operations by a coal-fired utility 

unit after a period of discontinued operation where the tmit following apply: 

(1) H!!;;The unit has not been in operation for the two-year period prior to the 

enactment of the Clean Air Act Amendments of 1990, and the emissions from 

such unit continue to be carried in the pennitting authority's emission 

inventory at the time of enactment; 

(2) WasThe unit was equipped prior to shutdown with a continuous system of 

emission control that achieves a removal efficiency for sulfur dioxide of no 

less than eighty-five per cent and a removal efficiency for particulates of no 

less than ninety-eight per cent; 

(3) .ffrThe unit is equipped with low-NO burners prior to the time of 

commencement of operations following r~activation; and 

(4) .ffrThe unit is otherwise in compliance with the requirements of the 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 of itself emits or 

has the potential to emit ten tons per year or more of any HAP or twenty-five tons 

per year or more of any combination of HAPs, whenever the following occur: 

(1) The fixed capital cost of the new components exceeds fifty per cent of the fixed 

capital cost that would be required to construct a comparable process or 

production unit~. 

(2) It is technically and economically feasible for the reconstructed major source to 

meet the applicable MACT emission limitation for new sources established 

under rule 3 7 45-31-28 of the 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) "Regulated NSR pollutant" means the following: 

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

pollutant: 

(a) Nitrogen oxides or any VOCs-;, 

(b) Any pollutant for which a national ambient air quality standard has been 

promulgated-;-e¥, 

(c) Any pollutant that is identified under this paragraph as a constituent or 

precursor of a 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 of the general pollutant. Precursors identified by the director 

for purposes of new 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 PMl 0 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 prior to this date without accounting 

for condensable particulate matter shall not be considered in violation 

of this chapter unless the Ohio state implementation plan required 

condensable particulate matter to be included. 

(e) Aft;· flSih±tllftt tltat is a esHstittteflt sr fJFeettFssr sf a geHeflll flSI!tttaftt listeEI 

ElflEief fJafagfllfJftS (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 ef tile 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. but is not limited to. 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 of the 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 

condensable particular matter to be included. 

(ii) Any pollutant identified under this paragraph as a constituent or 

precursor to a pollutant for which a national ambient air quality 
3745-31-01 39 

standard has been promulgated. Precursors identified for pumoses 

of new source review are the following: 

(a) VOCs and nitrogen oxides are precursors to ozone in all ozone 

attainment and unclassifiable areas. 

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and 

unclassifiable areas. 

(c) Nitrogen oxides are a precursor to PM2.5 in all attainment and 

unclassifiable areas. 

(b) Any pollutant that is subject to any standard promulgated under Section 

Ill of the Clean Air Act; 

(c) Any Class I or II substance subject to a standard promulgated under or 

established by Title VI of the Clean Air Act; or 

(d) Any pollutant that otherwise is subject to regulation under the Clean Air 

Act; except that any or all HAPs either listed in Section 112 of the 

Clean Air Act or added to the list pursuant to Section 112(b )(2) of the 

Clean Air Act, which have not been delisted pursuant to Section 

112(b )(3) of the Clean Air Act, are not regulated NSR pollutants unless 

the listed HAP is also regulated as a constituent or precursor of a 

general pollutant listed under Section 108 of the Clean Air Act. 

(GGGGG)COOOOO) "Replacement unit" means an emissions unit for which all the 

criteria listed under this paragraph are met. No creditable emission reductions shall 

be generated from shutting down the existing emissions unit that is replaced. 

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 

60.15(b)(l), or the emissions unit completely takes the place of an existing 

emissions unit. 

(2) The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit. 

(3) The replacement does not alter the basic design parameters of the process unit. 

(4) The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from 

operation by a permit that is enforceable as a practical matter. If the replaced 

emissions unit is brought back into operation, it shall constitute a new 
3745-31-01 40 

emissions unit. 

(IIHHHH)CPPPPP) "Repowering" means: 

(1) Replacement of an existing coal-fired boiler with one of the following clean 

coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and 

indirect coal-fired turbines, integrated gasification fuel cells, or as detennined 

by the administrator, in consultation with the secretary of energy, a derivative 

of one or more of these technologies, and any other technology capable of 

controlling multiple combustion emissions simultaneously with improved 

boiler or generation efficiency and with significantly greater waste reduction 

relative to the performance of technology in widespread commercial use as of 

November 15, 1990. 

(2) Repowering shall also include any oil and/or gas-fired unit which has been 

awarded clean coal technology demonstration funding as of January 1, 1991, 

by the department of energy. 

(3) The director shall give expedited consideration to permit applications for any 

source that satisfies the requirements of this rule and is granted an extension 

under Section 409 of the 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 of technically trained personnel and is not engaged in 

the manufacture of products for sale or exchange for commercial profit, except in a 

de minimis manner. 

~(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 of the imprint. 

(~'CKKK)(SSSSS) "Secondary emissions" means emissions that occur as a result of the 

construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. For the 

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 of the construction or operation of the 

major stationary source or major modification. Secondary emissions do not include 
3745-31-01 41 

any emissions that come directly from a mobile source, such as emissions from the 

tailpipe of a motor vehicle, from a train or from a vessel. 

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, but does not include a disposal system which treats sewage 

in amounts of more than twenzy-five thousand gallons per day; a disposal system 

for the treatment of sewage that is exempt from the requirements of division (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 emits the following: 

(1) Greater than one hundred tons per year of any of the following mr 

contaminants: 

(a) Pffi'tieHlate mafteF; eFPM1 0. 

Cb) PM2.5. 

tfr)W Sulfur dioxide;-eF. 

fe)@ Nitrogen oxides;-eF. 

(2) Greater than one thousand tons per year of carbon monoxide;-eF. 

(3) Greater than two tons per year oflead. 

(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 that would equal or exceed any of the following rates: 

Air Pollutant Emission Rate (Ton/Yr) 

Carbon monoxide 100 
3745-31-01 42 

Nitrogen oxides 40 

Sulfur dioxide 40 

Particulate matter 25 

P!H'!iettla!e ffit!!!ef less !flatt !eft ffitefeBsPM 1 0 15 

PM2.5 10 (of direct PM2.5 

emissions); 40 (sulfur 

dioxide emissions); 4Q 

(nitrogen oxides 

emissions) 

Ozone (VOCs or nitrogen oxides) 40 

Lead 0.6 

Fluorides (excluding hydrogen fluoride) 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 pounds per year). 

(b) Municipal waste combustor metals (measured as particulate matter): 

fourteen megagrams per year (fifteen tons per year). 

(c) Municipal waste combustor acid gases (measured as sulfur dioxide and 

hydrogen chloride): thirty-six megagrams per year (forty tons per year). 

(2) "Significant", in reference to a net emissions increase or the potential of a 

stationary source to emit a regulated NSR pollutant that the air pollutant and 

emission rate table in paragraph (MMM}.l-M)(l) (VVVVV)O) of this rule 

does not list, any emission rate. 
3745-31-01 43 

(3) Notwithstanding paragraph (MMMMM)(l) (VVVVV)(I) of this rule, 

"significant" means any emission rate or any net emissions increase 

associated with a major stationary source or major modification that would be 

constructed within ten kilometers of a Class I area, and have an impact on 

such area equal to or greater than one microgram per cubic meter 

(twenty-four hour average). 

(HHHJ>TN)CWWWWW) "Significant emissions increase" means, for a regulated NSR 

pollutant, an increase in emissions that is 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 

controlled using the same control technology. 

(PPPPP)(YYYYY) "Soil-liquid extraction remediation activities" means soil remediation 

activities that use a process for physically separating (extracting) groundwater from 

soils contaminated with low levels of organic species or other pollutants that are 

moderately soluble in an aqueous phase using a trench dug around or along side the 

contaminated soil perpendicular to the groundwater's down gradient flow direction. 

The contaminated groundwater is collected in the trench and transferred out of the 

trench for further treatment to separate the soluble contaminants from the water and 

to destroy the contaminants in an air pollution control system. 

(QQQQQ)!ZZZZZ) "Soil-vapor extraction remediation activities" means soil remediation 

activities that use a process for physically separating (extracting) contaminates that 

are VOCs and semivolatile organic compounds from unsaturated soils by placing a 

porous tube (or tubes) under vacuum in the contaminated soil, and when a vacuum 

is drawn on the tube, vapor and some groundwater are drawn into the tube. The 

vapors collected through the vacuum system are then sent to an air pollution control 

system to destroy the organic contaminants. 

(RRRRR)CAAAAAA) "Stationary source" means all of the emissions units that belong to 

the same industrial grouping, are located on one or more contiguous or adjacent 

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

control) except the activities of any vessel and those emissions resulting directly 

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

engine or non-road vehicle as defined in Section 216 of the Clean Air Act. 

Emissions units shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., that have the same two-digit code) as 

described in the "Standard Industrial Classification Manual." 
3745-31-01 44 

CBBBBBB) "Sm;plus" means emtsswn reductions made below an applicable source 

baseline which conform to the following: 

(1) Are below allowable emission rates. 

(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 of reasonable further progress. 

(3) The director has not relied on the emission reduction in issuing any permit 

under this chapter. 

( 4) Is not required by any applicable laws. 

Emission reductions can be used for offsets or emission reduction credits to the 

extent allowed under 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 with the state implementation plan for the state in 

which the clean coal technology demonstration project is located and other 

requirements necessary to attain and maintain the national ambient air quality 

standards during the clean coal technology demonstration project and after it is 

terminated. 

(TTTTT)(DDDDDD) "Temporary source" means any new source of air contaminants or 

modification of an air contaminant source, that is sl±Bjeet te 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 of the Elfaft ef Elee!arffiieR beginning operation. 

(UUUUU)CEEEEEE) "Title I modification" means any modification under Section 111 or 

112 of the Clean Air Act and any major modification under Parts CorD of Title I 

of the Clean Air 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 cam property and having a gross vehicle weight rating of ten 

thousand pounds or less. 
3745-31-01 45 

(WW\V'NW)CHHHHHH) "J.!glm3

" er "ftg/effi" means microgram per cubic meter. 

(XXXXX)(IIIIJI) "Volatile organic compounds" or "VOC" shall have the same meaning 

as defined in rule 3745-21-01 of the Administrative Code. 

(YYYYY)(JJJJJJ) "Water-based ink/coating/adhesive" means an ink, coating or adhesive 

with a VOC content less than or equal to ten per cent by weight as applied. 

(2':2':2':2':2':)(KKKKKK) "Water-borne" means a material in which the water content of the 

volatile fraction is at least ninety-five per cent by weight. 

(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 of the referenced materials as well as 

the date of and/or the particular edition or version of the material is included in this 

rule. The H'l!Herifrls BTe herel9y f!1ade a flat't sf the regtti!Hisns in this ehafller. For 

materials subject to change, only the specific version specified in the regttlatien this 

rule are ineefj'!erated referenced. Material is il!eefj'!sr!Hed referenced as it exists on 

the effective date of this rule. Except for subsequent annual publication of existing 

(unmodified) Code of Federal Regulation compilations, any amendment or revision 

to a referenced document is not ineefj'!er!Hed referencedunless and until this rule 

has been amended to specify the new dates. 

(I) Availability. The referenced 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 :,\4

w'WW. Sfla. ge>l envirs/lT~ml/airs/airs _ EJ:ttefJ' .htffil 

http://www. epa. gov I enviro/facts/ afs/ search.html. 

(b) California air resources board (CARB) certification. Infonnation and 

copies of executive 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" or by 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," or by visiting their web site at www.cas.org. 

(d) Chemical rubber company (CRC) handbook of chemistry and physics. 

Information and copies may be obtained by writing to "CRC Press 

LLC, 2000 NW Corporate Blvd., Boca Raton, Florida, 33431 ", by 

calling 1-800-272-7737, or at hti;p://www.crcpress.com/. A copy of this 

book is also available for inspection and eef!yittg l!§!;. at most public 

libraries and "The State Library of Ohio." 

(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 of the act is also available for 

inspection and eef!yiRg use at most public libraries and "The State 

Library of Ohio." 

(f) Code of Federal Regulations (CFR). Information and copies may be 

obtained by writing to: "Superintendent of Documents, Attn: New 

Orders, PO Box 371954, Pittsburgh, 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 

most public libraries and "The State Library of Ohio." 

(g) Compilation of air pollutant emission factors, AP-42. Information and 

copies may be obtained by writing to: "Superintendent of Documents, 

Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The 

full text of the compilation of air pollutant emission factors, AP-42, is 

also available in electronic format at 

http://www.epa.gov/ttn/chief/ap42/index.html. The compilation of air 

pollutant emission factors, AP-42, are also available for inspection and 

eef!yiRg use at most public libraries and "The State Library of Ohio." 

(h) Comprehensive Environmental Response, Compensation, and Liability 

Act (CERCLA). Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the 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 of the act is also 

available for inspection and €6fl)'ittg use at most public libraries and 
3745-31-01 47 

"The State Library of Ohio." 

(i) Control technology center. Information can be obtained by writing to: 

"Research Triangle Institute, Research Triangle Park, NC, 27709," by 

calling 1-919-541-2734, or by visiting their web site at 

http:/ /www.epa.gov/etv/centers/center5 .html. 

(j) Federal Power Act. Information and copies may be obtained by writing to: 

"Superintendent of Documents, Attn: New Orders, PO Box 371954, 

Pittsburgh, PA 15250-7954." The full text of the 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 of the act is 

also available for inspection and eeflyiRg yg;_ at most public libraries 

and "The State Library of Ohio." 

(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 at most public libraries and "The State Library of Ohio." 

(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 at http://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 at http://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 technical 
3745-31-01 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 of the federal register notice may be obtained by 

writing to: "Superintendent of Documents, 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 State Library of Ohio." 

ijl1(gl Resource Conservation and Recovery Act (RCRA). Information and 

copies may be obtained by writing to: "Superintendent of Documents, 

Attn: New Orders, PO Box 371954, Pittsburgh, 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 of Ohio." 

W.W Standard industrial classification manual (SICM). Information and 

copies may be ordered by writing to: "U.S. Department of Commerce, 

Technology Administration, National Technical Information Service, 

Springfield, Virginia, 22161" or by calling 1-800-553-6847. A copy of 

the act is also available for inspection and eejlyiag use at most public 

libraries and "The State Library of Ohio." 

f¥1W United States Code (USC). 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 United States 

Code IS also available m electronic format at 

hl±fl :Nvnni 4 .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 

eejlyiag use at most public libraries and "The State Library of Ohio." 

(2) Iae6fj36falea Referenced materials: 

(a) I USC 3; "General Provisions, "Vessel" as including all means of water 

transportation;" published January 19, 2004 3. 2007 in 8tlfl!Jlemefil III 

ef!he 2000 the 2006 Edition of the United States Code. 

(b) 30 CFR Part 7; "Testing by Applicant or Third Party;" as published in the 

July 1, 200+ 2012Code of Federal Regulations. 
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 2012Code of Federal Regulations. 

(d) 30 CFR Part 56; "Safety and Health Standards--Surface Metal and 

Nonmetal Mines;" as published in the July 1, ~ 2012 Code of 

Federal Regulations. 

(e) 30 CFR Part 57; "Safety and Health Standards--Underground Metal and 

Nonmetal Mines;" as published in the July l, ~ 2012 Code of 

Federal Regulations. 

(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 

of Implementation 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 of Federal 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 60.111 b; "Standards of Performance for Volatile Organic Liquid 
3745-31-01 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 FR 37970. 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 of stationary 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 of Federal Regulations 

W:(q) 40 CFR 81.336; "Designation of Area for Air Quality Planning 

Purposes- Ohio;" as published in the July 1, ~ 2012 Code of Federal 

Regulations. 

te-)(!:). 40 CFR 87.1(a); "Control of Air Pollution From Aircraft and Aircraft 

Engines, Definitions;" 47 FR 58470, Dec. 30, 1982, as amended at 49 

FR 31875, Aug. 9, 1984; 62 FR 25365, May 8, 1997. 

WW 40 CFR 89.2; "Control of Emissions From New and In-Use Nonroad 

Compression-Ignition Engines, Definitions;" 59 FR 31335, June 17, 

1994, as amended at 61 FR 52102, Oct. 4, 1996; 63 FR 18998, Apr. 16, 

1998; 63 FR 56996, Oct. 23, 1998; 65 FR 73331, Dec. 29, 1999; 67 FR 

68339, Nov. 8, 2002; 69 FR 39212, June 29, 2004: 70 FR 40444. July 

13. 2005: 72 FR 53126. 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 70 FR 40457, July 13,2005. 
3745-31-01 51 

~ill,) 40 CFR Part 50, Appendix J; "Reference Method for the Determination 

of Particulate 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 

of Fine 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 of implementation plans;" as published in the July 1, ~ 

2012 Code of Federal Regulations. 

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 FR 28054, 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 FR 22398, Nov. 25, 1971; 44 FR 3282, Jan. 16, 

1979, as amended at 45 FR 31311, May 13, 1980; 45 FR 52741, Aug. 

7, 1980; 45 FR 59879, Sept. 11, 1980; 46 FR 50771, Oct. 14, 1981; 47 

FR 27561, June 25, 1982; 49 FR 43210, Oct. 26, 1984; 51 FR 40661, 

40675, Nov. 7, 1986; 52 FR 24714, July 1, 1987; 52 FR 29386, Aug 7, 

1987; 54 FR 27285, 27299, June 28, 1989; 57 FR 3946, Feb. 3, 1992~ 

70 FR 71702 Nov. 29 2005· 72 FR 10373 Mar. 8 2007· 72 FR 24077 

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, Subpart I; "Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans, Subpart I -- Review of New 

Sources and Modifications;" as published in the July 1, ~ 2012 Code 

of Federal Regulations. 

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 of Significant 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 FR 44168, Sept. 3, 1981; 48 FR 2530, Jan. 

20, 1983; 51 FR 9596, Mar. 19, 1986; 52 FR 24741, July 1, 1987; 59 

FR 41628,41629, Aug. 12, 1994; 60 FR 52321, Oct. 6, 1995. 

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 of Federal Regulations. 

~(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 FR 55127. Sept. 21.2006: 72 FR 32767. June 13.2007: 72 

FR 51527. Sept. 7 2007: 72 FR 55278. Sept. 28. 2007. 

ft!d1(hh) 40 CFR Part 60, Subpart I; "Standards of Performance 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 of Performance for Petroleum 

Refineries;" 39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259, 

Oct. 6, 1975; 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 

43 FR 10868, Feb. 15, 1978; 43 FR 10868-10869, Mar. 15, 1978; 44 

FR 13481, Mar. 12, 1979; 44 FR 61543, Oct. 25, 1979; 45 FR 79453, 

Dec. 1, 1980; 48 FR 23611, May 25, 1983; 50 FR 31701, Aug. 5, 1985; 
3745-31-01 53 

51 FR 42842, Nov. 26, 1986; 52 FR 20392, June I, 1987; 53 FR 41333, 

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 FR 35865. 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 FR 32759. June 13. 2007. 

ti;g7(k:k) 40 CFR Part 60, Subpart AAA; "Standards of Perfonnance 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 

Nonmetallic Mineral Processing Plants;" 51 FR 31337, Aug. 1, 1985, as 

amended at 54 FR 6680, Feb. 14, 1989; 62 FR 31359-31360, June 9, 

1997; 65 FR 61778, Oct. 17, 2000. 

Cmm) 40 CFR Part 60. Subpart IIII: "Standards of Performance for Stationary 

Compression Ignition Internal Combustion Engines:" as published in 

the July I. 2012 Code of Federal Regulations. 

(nn) 40 CFR Part 60. Subpart JJJJ: "Standards of Perfonnance for Stationary 

Spark Ignition Internal Combustion Engines:" as published in the July 

I. 2012 Code of Federal 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 of Federal 

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 FR 43324, July 20, 2004. 

~(rr) 40 CFR Part 63; "National Emission Standards for Hazardous Air 

Pollutants for Source Categories;" as published in the July I, ;ww. 2012 

Code of Federal Regulations. 

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 of Federal Regulations. 

~00 40 CFR Part 92; "Control of Air 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 of the 2000 Edition of the 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;" published January 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 Supplement HI V of the 2000 Edition of the 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;" published January 19, 2GG42. 2006 in Supplement 

HI V of the 2000 Edition of the United States Code. 
3745-31-01 55 

~(zz) Federal Power Act; contained in 16 USC 791 to 828c; "Federal 

Regulation and Development of Power;" 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 of the 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 of Title I of the Clean Air Act; contained in 42 USC 7470 to 

7492; "Prevention of Significant Deterioration of Air Quality;" 

published January 19, 2004 2. 2006 in Supplement HI V of the 2000 

Edition of the United States Code. 

~(ddd) Part D of Title I of the Clean Air Act; contained in 42 USC 7501 to 

7515; "Plan Requirements for Nonattainment Areas;" published January 

19, 2004 2. 2006 in Supplement HI V of the 2000 Edition of the 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 of the 2000 

Edition of the United States Code. 

~ Recommended policy on control of volatile 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 of the 

2000 Edition of the United States Code. 
3745-31-01 56 

fa;tfr1Ciii) Section 107(d) of the Clean Air Act; contained in 42 USC 7407; 

"Air Quality Control Regions-Designations;" published January +9;-

;t004 2. 2006 in Supplement ±H V of the 2000 Edition of the United 

States Code. 

~J]j), Section 108 of the 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 of the United States Code. 

ft*!d1QID Section 110 of the Clean Air Act; contained in 42 USC 7410; "State 

implementation plans for national primary and secondary ambient air 

quality standards;" published January 19, 2994 2. 2006 in Supplement 

±H Vofthe 2000 Edition of the United States Code. 

feee1Cmmm) Section 111 of the 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 of the 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 ±H V of the 2000 Edition of the United States Code. 

6;gg1(ooo) Section 112(b) of the Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants- List of pollutants;" published January +9;-

;t004 2. 2006 in Supplement IH V of the 2000 Edition of the United 

States Code. 

~Um.!l.l Section 112(c) of the 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 of the 2000 Edition of 

the United States Code. 

~ Section 112(d) of the Clean Air Act; contained in 42 USC 7412; 

"Hazardous air pollutants-Emission standards;" published January +9;-

;t004 2. 2006 in Supplement ±H V of the 2000 Edition of the United 
3745-31-01 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;" published January 19, 2004 2. 2006 in Supplement m V 

of the 2000 Edition of the United States Code. 

fkJ41(sss) Section 112(j) of the 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 of the 2000 

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

(ffiffiffi)(uuu) Section 113 of the Clean Air Act; contained in 42 USC 7413; 

"Federal enforcement;" published January 19, 2004 2. 2006 in 

Supplement m V of the 2000 Edition of the 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 of the 2000 Edition of 

the United States Code. 

feee1Cwww) Section 125 of the 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 of the 2000 

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

(yyy) Section 171 of the Clean Air Act; contained in 42 USC 7501: 

"Definitions:" published Januazy 2. 2006 in Supplement V of the 2000 

Edition of the United States Code 

~(zzz) Section 182(c) of the Clean Air Act; contained in 42 USC 75lla; 

"Plan submissions and requirements-Serious Areas;" published January 

19, 2004 2. 2006 in Supplement H± V of the 2000 Edition of the United 

States Code. 
3745-31-01 58 

(ffft(aaaa) Section 182(f) of the 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 of the 2000 Edition of 

the United States Code. 

~ Section 189 of the 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 of the 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 of the United States Code. 

~(dddd) Section 216 of the 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 of the 2000 Edition of 

the United States Code. 

~Ceeee) Section 304 of the Clean Air Act; contained in 42 USC 7604; 

"Citizen suits;" published January 19, 2004 2. 2006 in Supplement .J.H V 

of the 2000 Edition of the United States Code. 

(vRtw)Cffff) Section 402(12) of Title IV of the Clean Air Act; contained in 42 

USC 765la; "Definitions;" published January 19, 2004 2. 2006 ill 

Supplement .J.H V of the 2000 Edition of the United States Code. 

~Cgggg) Section 409 of the Clean Air Act; contained in 42 USC 765lh; 

"Repowered sources;" published January 19, 2004 2. 2006 ill 

Supplement .J.H V of the 2000 Edition of the United States Code. 

~(hhhh) Section 504(a) of the Clean Air Act; contained in 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 and budget. Last amended 1988. 

~iliiil Title II of the 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 of the 2000 Edition of the 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 of the Clean Air Act; contained in 42 USC 7651 to 

7651o; "Acid Deposition Control;" published January 19, 2QQ4 2. 2006 

in Supplement HI V of the 2000 Edition of the United States Code. 

teeee7illill Title VI of the Clean Air Act; contained in 42 USC 7671 to 7671q; 

"Stratospheric Ozone Protection;" published January 19, 2QQ4 2. 2006 

in Supplement HI V of the 2000 Edition of the 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 

Federal Regulations. 
3745-31-01 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05119/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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, 12/14/07 
3745-31-02 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 sf mle 37 4 5 31 01 sf tl!e AffiniBistrfitive Csae paragraph CLLLLLL) of rule 

3745-31-01 of the Administrative Code titled. "referenced materials".] 

This chapter provides requirements for installation, modification and operation of new 

and existing air contaminant sources at facilities that are not subject to Chapter 3745-77 

of the Administrative Code. This chapter also provides requirements for installation and 

modification of air contaminant sources at facilities that are, or will be, subject to Chapter 

3745-77 of the Administrative Code. The operating requirements for air contaminant 

sources, 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 subject to Chapter 3 745-77 of the Administrative Code 

were contained in Chapter 3745-35 of the 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 subject to Chapter 3 7 45-77 of the Administrative 

Code were incorporated into this chapter. Rules 3745-31-01 to 3745-31-07 of the 

Administrative Code provide regulatory requirements for installation and modification 

for all sources. Rules 3745-31-01 to 3745-31-07 of the Administrative Code also provide 

regulatory requirements for operation of sources at facilities not subject to Chapter 

3745-77 of the Administrative Code. Rule 3745-31-08 of the Administrative Code 

provides the on-going regulatory requirements for sources at facilities not subject to 

Chapter 3745-77 of the Administrative Code that previously received registration status 

for permit-to-operate purposes under the now rescinded Chapter 3745-35 of the 

Administrative Code. Updated requirements for registration status, now defined as 

express permit-to-install or express PTIOs, are incorporated into rule 3745-31-05 of the 

Administrative Code. Rule 3745-31-09 of the Administrative Code provides for operation 

or other use of an air contaminant source that emits any air pollutant under a variance. 

This provision was previously established in the now rescinded rule 3745-35-03 of the 

Administrative Code. Rule 3745-31-29 of the Administrative Code provides for general 

permits-to-install and general PTIOs. 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 of the 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 of the 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 of air contaminant sources that are 

located at a major stationary source or are considered major modifications, are, or will 

become, subject to Chapter 3745-77 of the Administrative Code. The operating 

regulatory requirements for these types of sources are contained in Chapter 3745-77 of 

the Administrative Code.] 
3745-31-02 2 

(A) Permit-to-install or PTIO 

(1) Except as provided in rule 3745-31-03 of the 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 of any new source that is, or will be, part of a 

facility, as defined in Chapter 3745-77 of the Administrative Code, and 

that is required to obtain a Title V permit under Chapter 3745-77 of the 

Administrative Code, without first obtaining a permit-to-install from the 

director~. 

(b) Installation or modification, and subsequent operation of any new source 

that is not part of a facility, as defined in Chapter 3 7 45-77 of the 

Administrative Code, and that is not required to obtain a Title V permit 

under Chapter 3745-77 of the Administrative Code, without first 

obtaining a PTIO from the director~. 

[Comment: J3Elfftgff!J9ft Paragraph (A)(1)(b) of this rule is not intended to 

prohibit any new source, as defined in rule 3745-31-01 of the 

Administrative Code, currently operating under an effective 

permit-to-install or permit-to-operate from continuing operation in 

accordance with those permits. Nor is it intended to prohibit any new 

source currently operating under an expired permit-to-operate, where a 

timely and complete application for renewal is pending in accordance 

with division (C) of section 119.06 of the Revised Code, from 

continuing operation in accordance with the expired permit-to-operate 

until such time as a new PTIO is issued or denied.] 

(c) Operation of any air contaminant source, except as provided in rule 

3745-31-08 of the Administrative Code, not defined as a new source 

under rule 3745-31-01 of the Administrative Code, that is not part of a 

facility, as defined in Chapter 3745-77 of the Administrative Code, and 

that is not required to obtain a Title V pennit under Chapter 3745-77 of 

the Administrative Code, without first obtaining authority to operate 

through issuance of a PTIO from the director, which may include 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 about the operation of the air 

contaminant sourc~. 
3745-31-02 3 

(ii) Requirements for performance tests that demonstrate that the source 

is in compliance with applicable emission limitations and other 

applicable laws, at the applicant's expense, in accordance with 

methods prescribed by the Ohio environmental protection agency. 

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 which permit was issued prior 

to the effective date of this rule, may be issued a PTIO for the same air 

contaminant source. The director may require the owner or operator of the air 

contaminant source submit an updated application for the PTIO. Upon final 

issuance of the PTIO, any permit-to-install fllffitef or permit-to-operate for the 

air contaminant source will be superseded by the issuance of the PTIO. The 

superseded permits will terminate and cease to be enforceable. 

(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 with rule 3745-31-32 of the 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 chapter fllffitef 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) of rule 3745-31-05 of the Administrative Code, or the imposition of a federally 

enforceable limitation, or limitation legally and practicably enforceable by the state, 

on the potential to emit that restricts a stationary source's potential to emit below 

major source thresholds applicable under paragraph (D) of rule 3 745-31-05 of the 

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 owner or operator shall submit a Title V permit application and obtain 

a Title V permit from the director, as required under Chapter 3745-77 

of the Administrative Code. 
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 of the permit required under paragraph (B)(l)(a) of 

this rule, and, if applicable, under paragraph (B)(l)(b) of this rule, any 

permit-to-operate, tffit!ffif ill any tenns and conditions specifically 

identified in the standard terms and conditions of a PTIO as no longer 

enforceable under conditions described in paragraph (B)(l) of this rule, 

will be superseded by the issuance of the Title V permit required under 

paragraph (B)(l )(a) of this rule, and, if applicable, 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 of any PTIO not superseded will function as the 

permit-to-install. 

(2) The following is applicable to an owner or operator who currently holds a Title 

V permit where a change eliminates the applicability of Chapter 3 7 45-77 of 

the Administrative Code but the change does not exempt the owner or 

operator from requirements to obtain a PTIO,~ 

(a) The owner or operator may submit the required application and obtain a 

PTIO or Federally Enforceable PTIO (FEPTIO) from the director, as 

required under this chapter. 

{Comment: An owner or operator with authority to operate under a Title 

V permit which subsequently makes a change at the facility that 

eliminates the applicability of Chapter 3745-77 of the Administrative 

Code is not obligated to obtain a PTIO or FEPTIO if the owner or 

operator elects to continue to be pennitted under the Title V permit.] 

(b) Final issuance of any permit under paragraph (B)(2)(a) of this rule does 

not release the owner or operator from the requirements contained in 

Chapter 3745-77 of the Administrative Code or the owner or operator's 

active Title V permit, except as expressly released in rule, by order of 

the director, or a in a federally enforceable permit. 

(C) Permanent shutdown of an air contaminant source subject to the terms and conditions 

of a permit-to-install or PTIO~ 

When expressly provided in the terms and conditions of a permit-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. Those terms and conditions for 

which the owner or operator is relieved will cease to be enforceable upon meeting 

the requirements for permanently shutting down air contaminant sources contained 

in the terms and conditions of the permit. 

(D) The director, in fiis sr fier the director's discretion, may issue an order requiring any 

person plam1ing to install or modify, or in the process of installing 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 or modification, if in the director's judgment, operation 

of the air contaminant source after installation or modification might result in a 

violation of the criteria established in paragraph (A) of rule 3745-31-05 of the 

Administrative Code. 

(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 

application to all pollutants of any kind emanating from any air contaminant source, 

or issue a single permit-to-install or PTIO having applicability to more than one air 

contaminant source, controlled by a common owner or operator, located in the 

same county. 

(F) The approval to construct fl!lt!fflr or operate under this chapter shall not relieve any 

owner or operator of a stationary source of the responsibility to comply fully with 

applicable provisions of this chapter and any other requirements under local, state 

or federal law. 

(G) If any provision of this chapter or the application of such provision to any person or 

circumstance, is held invalid, the remainder of this chapter, or the application of 

such provision to persons or circumstances other than those as to which it is held 

invalid, shall not be affected thereby. 
3745-31-02 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

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 

6 
3745-31-04 Applications. 

(A) Applications for permits-to-install and PTIOs required by rule 3745-31-02 of the 

Administrative Code shall contain such infonnation as the director deems necessary 

to determine whether the criteria of rule 3745-31-05 of the Administrative Code are 

met and shall be made on forms prepared by the Ohio environmental protection 

agency. 

(B) Applications for permits-to-install and PTIOs shall be signed by the following: 

(1) In the case of a corporation, ey a principal executive officer of at least the level 

of vice president, or hislfier the duly authorized representative, if such 

representative is responsible for the overall operation of the facilityt~ 

(2) In the case of a partnership, ey a general partner;~ 

(3) In the case of sole proprietorship, ey the proprietor;-tlfttl~ 

(4) In the case of a 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 affirmation that all statements or assertions of 

fact made in the application are true and complete, comply fully with applicable 

state requirements, and shall subject the signatory to liability under applicable state 

laws forbidding false or misleading statements. 

(D) PTIO applications for grain and feed processing operations and fertilizer mixing 

operations~ 

(1) A single PTIO application may be submitted for the following sources: 

(a) Shellers, hammer mills and aspirated bagging operations and other air 

contaminant sources subject to rule 3745-17-11 of the Administrative 

Code and which are located at a stationary source which constitutes a 

grain and feed processing operation. 

(b) Air contaminant sources which are subject to rule 3745-17-11 of the 

Administrative Code and which are located at a stationary source which 

constitutes a fertilizer mixing operation. 

(2) A PTIO application for air contaminant sources of fugitive dust at grain and 
3745-31-04 2 

feed processing operations or a fertilizer mixing operation and which are 

subject to rule 3745-17-08 of the Administrative Code shall be submitted in 

accordance with applicable law. 
3745-31-04 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

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, 6/30/08 

3745-31-06 Completeness determinations, processing requirements, public 

participation, public notice, 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) of rule 3745-31-01 

of the Administrative Code titled. "referenced materials."] 

(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 of a permit to 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, of the determination. If the director fails to make 

such a completeness determination and provide written notice of the 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 of snch 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) of this 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 of fiis/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 authorized representative. 

(C) Materially deficient applications~ 

If, within the time prescribed in paragraph (A) and, if applicable, 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 of the time prescribed under paragraph 

(A) of this rule and, if applicable, paragraph (B) of this rule ceases at the time that 

the determination is made. If the applicant subsequently resubmits the application 

to the director, the time prescribed in paragraph (A) of this rule and, if applicable, 

paragraph (B) of this rule shall resume running at the time that the application is 

resubmitted. The resubmission of the application constitutes a request for the 

making of a completeness determination on the application. The director shall do 
3745-31-06 2 

one of the following within the time remaining pursuant to paragraph (A) and, if 

applicable, paragraph (B) of this rule at the time that the application is resubmitted: 

(1) Make a completeness determination on the application and, in writing, notify 

the applicant of his/her the determination; 

(2) Issue or deny or propose to issue or propose to deny the permit or modification. 

(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) of this rule the date on 

which the application was detennined to be complete. 

(E) Permit decision time limits and issuance or denial. 

A permit-to-install or PTIO shall be issued, modified or denied and may be 

challenged in accordance with the provisions of the rules of procedure of the Ohio 

environmental protection agency, ChBfller 3745 47 Chapters 3745-47 and 3745-49 

of the Administrative Code. 

(I) For the purposes of this 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 construction PTIO, 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 ofthe Administrative 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)(!) of this rule or within one hnndred eighty 

days after the application is deemed to be complete under paragraph (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 a judgment that orders the director to take a 

final action on the application. 
3745-31-06 3 

(3) PTIO for air contaminant sources currently regulated under a permit-to-install" 

(a) The director may issue or deny or propose to issue or deny a PTIO, where 

the applicant holds a previously 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 of the Administrative Code. then paragraph 

(E)(2) of this 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) sf this ftlle shall ee 1iJ9f'lieaele. 

(4) Express permit-to-install or express PTIO" 

(a) Within sixty days of the receipt of a complete request, the director shall 

notify the applicant whether 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 if the applicant has not been notified or upon 

the issuance of the 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 or express PTIO. 

(5) Administratively modified pennit-to-irrstall or PTIO" 

The director may issue or deny or propose to issue or deny a permit-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 sf tfte Aeminislfative Csee, f'Hfsttaffi 

ts ftl!es aesj'ltee ttnaef aivisisn (F) ef seetieH 37G4.G3 ef tfte 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 pursuant to rules adopted under division (F) of section 3704.03 of 

the Revised Code within one hundred eighty days after the date the 

application for the renewal PTIO 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)(l) of this rule or within one hundred eighty days after the 

application is deemed to be complete under paragraph (B) of this rule, 

as appropriate. If the 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) of section 119.06 of the Revised Code, 

when an applicant submits a timely and complete renewal application 

pursuant to applicable law and the terms and conditions of the PTIO, 

the permittee's failure to have a renewed PTIO is not a violation of this 

chapter. Upon expiration of the PTIO, the permittee shall continue to 

operate under the tem1s and conditions of an expired PTIO until 

issuance of a renewal PTIO by the director. 

(F) Extension of the permit review time period for the 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 if a public meeting or public hearing was 

held on the application for the permit or modification. 

(G) Extensions of the pennit review time period for the applicant 

Upon the written request of the applicant, the director, 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 the additional time specified in the 

applicant's request for the extension. 

(H) Public participation/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 be 
3745-31-06 5 

constructed and operated, of the application, the draft action (if issued), the 

ambient air impact that is expected from the nonattainment NSR 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 of the Administrative Code. 

(2) Send a copy of the notice of public comment to 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 be built as follows: 

(a) Any other state or local air pollution control agencies;~ 

(b) The chief executives of the city and county where the air contaminant 

source would be located;~ 

(c) Any comprehensive regional land use planning 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 or modification. 

(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 of public comment and all comments received at any public hetH'iRg(s) 

hearing in making a final decision on the approvability of the 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 manager notification requirements. 

For pm;poses of new source review of any 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 of the Administrative Code with respect to 
3745-31-06 6 

visibility protection and analysis of a Class I area. the director shall provide the 

following: 

(]) Written notification to all affected federal land managers of any 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 of receipt 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 of the 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 of the sixty day review period prior to the public hearing. 

(2) Where the Ohio environmental protection agency receives advance notification 

(e.g. early consultation with the source prior to submission of the application 

or notification of intent to monitor under rule 3745-31-14 of the 

Administrative Code) of a permit application for a source that may affect any 

Class I area. the director shall notify all affected federal land managers no 

later than thirty days after such advm1ce notification. 

(3) The director shall consider any analysis performed by 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 public hearing. 
3745-31-06 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

7 

3745-31-07 

(A) Tennination~ 

Termination, revocation, expiration, renewal, revision and 

transfer. 

(1) Authorization to install or modify an air contaminant source(s) contained in an 

issued permit-to-install or PTIO shall tenninate within eighteen months of the 

effective date of the issuance of the permit-to-install or PTIO that authorized 

the installation or modification, if the owner or operator has not undertaken a 

continuing program of installation 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 or PTIO to extend 

these dates of termination by up to twelve months if the applicant submits, 

within a reasonable time before the termination date, a request for an 

administrative modification, containing information that, in the judgment of 

the director, adequately justifies an extension of time. No appeal taken from 

denial of extension of a tennination date shall prevent termination of a permit 

during the period between denial of extension and final disposition of the 

appeal unless prohibited by any court or administrative body having 

jurisdiction over the matter. 

(3) A permit-to-install, permit-to-operate or PTIO may be terminated in accordance 

with paragraph (A)(2) or (B)(l)(c) of rule 3745-31-02 of the Administrative 

Code. 

(B) Revocation~ 

(1) The director may revoke a pennit-to-install or PTIO, if the director concludes at 

any time that any applicable laws have been or are likely to be violated. 

(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 of any 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 or variance shall be final thirty days after service of notice to the penni! 

holder. 

""·---~·-.... --.... ·~---··-·~~~-

'' ··.'-, ·r·£ • '~· • ' ' ; j •' \ '';J4 i -- ,,,. 
3745-31-07 2 

(4) The Ohio environmental protection agency shall afford a prompt hearing to any 

pennit holder whose permit-to-install or PTIO is revoked, except as described 

in paragraph (B)(2) of this rule, in the manner prescribed in Chapter 374 5 47 

3745-49 of the Administrative Code. 

(5) A variance issued pursuant to rule 3745-31-09 of the Administrative Code may 

be revoked if any of the following occur: 

(a) The director determines that any of the terms, conditions, standards, or 

requirements of rule 3745-31-09 of the Administrative Code have been 

or will be violated or that circumstances have changed so that the 

applicant is no longer eligible for a variance under that rule;-eF~ 

(b) The signatory fails to file an interim report as required pursuant to 

paragraph (G)(4) of rule 3745-31-09 of the 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) of rule 3745-31-09 of the Administrative 

Code. 

(C) Expiration and renewal. 

(!)A PTIO may be issued for a period of time consistent with the requirements of 

division (G) of section 3704.03 of the Revised Code, and is subject to 

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

(a) A conditional PTIO issued pursuant to paragraph (B) of rule 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 sf division (G) of section 3704.03 of the 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 of the Revised Code. 

(b) A FEPTIO issued pursuant to paragraph (D) of rule 3745-31-05 of the 

Administrative Code shall be effective for a period of time consistent 

with the FeEjttirements sf division (G) of section 3704.03 of the Revised 

Code but no longer than five years, and is subject to renewal. 
3745-31-07 3 

(2) A permit-to-install does not expire and is not renewable. 

(3) Any site approval for a portable source issued pursuant to paragraph (H) of rule 

3745-31-05 of the Administrative Code may be issued for a period of time 

consistent with the requirements of division (G) of section 3704.03 of the 

Revised Code, and is subject to renewal pursuant to paragraph (H) of rule 

3745-31-05 of the Administrative Code. 

(4) Any variance issued pursuant to rule 3745-31-09 of the 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 of the program 

specified in any compliance schedule incorporated into the variance and/or is 

complying with any other terms and conditions of the variance. Renewal shall 

be considered pursuant to rule 3745-31-09 of the Administrative Code. 

(D) Revision~ 

(1) Any PTIO or variance issued by the director shall be subject to revision by the 

director in response to changes in applicable law or other factors affecting the 

compliance of the air contaminant source with the standards or conditions of 

any currently effective permit. 

(2) The director may revise any site approval for a portable source issued pursuant 

to paragraph (H) of rule 3745-31-05 of the Administrative Code to add or 

delete certain portable sources or add or delete certain terms 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 of paragraph (D) of this 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 

transfer has !lee!! eef!!J9letea. 
3745-31-07 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

5 

3745-31-08 Registration status permit-to-operate. 

(A) For purposes of paragraph (B) of this rule: 

(1) "Maximum potential yearly emissions" means the total weight of lead, 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 calendar year. 

(2) "Registration status" means that the source may be operated without having 

obtained a permit-to-operate or variance, and exists upon notification as 

provided by the director. 

(B) Prior to tlte effeetive a&te ef tltis Fttle June 30. 2008, the director may have placed an 

air contaminant source on registration status after submittal of an application for a 

permit-to-operate, rather than issuing a permit-to-operate, if the owner or operator 

of such source demonstrated to the satisfaction of the director that the source was in 

compliance with applicable law and if the following conditions were met: 

(1) The source was not subject to any mass emissions limitation or control 

requirement specified within or pursuant to 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 of the 

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 of particulates and sulfur dioxide from 

the source were each less than twenty-five tons. 

(C) An air contaminant source placed on registration status as of the effective date of this 

rule may remain on registration status until removed in accordance with paragraph 

(D) or (E) of this rule. 

(D) The director may at any time require the owner or operator of an air contaminant 

source which obtained registration status prior to tlte effeetive aate ef tltis mle June 

30. 2008, to submit an updated application for a PTIO or variance and/or to 

demonstrate its continued compliance with the requirements of paragraph (B) of 

this rule. If the owner or operator complies with this request of the director within a 

reasonable period of time as specified by the director, the updated application shall 

be processed in accordance with applicable law, including continuation of the 

existing registration status if appropriate. If the owner or operator fails to comply 

with this request of the director within a reasonable period of time 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 and processed 

'>!,i.'1 fu 
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 of the 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 of any 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 of registration status shall be final immediately after service of notice to 

the registration status holder. 
3745-31-08 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

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, 11/7/79, 8/15/82, 6/18/01, 11/30/01, 10/17/03, 

11/3/06, 12/1/06, 6/30/08 

3745-31-09 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 of rule 3745-31-01 of the Administrative Code titled. 

"referenced materials".] 

(A) A variance may be applied for and obtained from the director that allows operation or 

other use of an air contaminant source that emits an air pollutant in violation of an 

applicable law pursuant to the provisions of this rule, except for the following: 

(1) No variance shall be granted from Chapter 3745-19 of the Administrative Code 

governing open burning;-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 of the director adopted under Chapter 3704. of the 

Revised Code may be granted except pursuant to this rule. 

(B) Applications for variances shall meet the requirements of rules 3745-31-02 and 

3745-31-04 of the 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 of this rule may be considered defective and be treated as if it 

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 

occur until deficiencies have been remedied. 

(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 of emissions 

standards prescribed by applicable law without requiring 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 in paragraph (B)(l) of this 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 

permitted by applicable lawTffl'. 

(b) To achieve compliance with applicable law pertaining to the particular air 

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) of this 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) of this rule, and paragraph (C)(2)(f) of this rule, or, demonstrates 

the requirements of paragraphs (C)(2)(d) to (C)(2)(f) of this 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 of air 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 of air 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 air 
3745-31-09 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 sought is, and, to the extent applicant has 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 

of the applicant;~ 

(d) Bubble concept: 

(i) An alternative emission control strategy (bubble concept) is provided 

which will allow emissions of air 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 if the source for which the variance is requested were 

to comply with applicable lawt~ 

(b) Result in an actual net ambient air quality improvement which 

is as good as, or better than, that which would occur if the 

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 

of existing variances or PTIOs) for such other sources at the 

same facility that specify a level of allowable 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) of this rule: 

(ii) Air contaminants from different sources shall be considered to be 
3745-31-09 4 

the same for purposes of paragraph (C)(2)( d)(i) of this rule only if 

they are comparable in terms of type of contaminant. 

(iii) Emissions of particulates of the following types shall not be 

considered, for purposes of paragraph (C)(2)( d)(i) of this rule to 

be the same as emissions of particulates of any other types: 

(a) Asbestost. 

(b) Berylliumt. 

(c) Coke oven emissionst. 

(d) Leadj-!lflt!. 

(e) Mercury. 

(iv) Emissions of organic compounds of the following types shall not 

be considered, for purpose of paragraph (C)(2)(d)(i) of this 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 of the 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 limited to 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 implementation plan. 

(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 the 
3745-31-09 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) of this rule have been made. 

(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 of the 

filing of a complete application by issuing a proposed or final action. 

(3) Variances under this rule shall be issued, denied, modified, or revoked and may 

be challenged in accordance with the provisions of Chapter 374§ H Chapters 

3745-47 or 3745-49 of the 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 made publicly available at the cost of reproduction and 

handling. 

(F) Variances from rules contained in the Ohio state implementation plan. 

(1) A variance from a rule which has been approved by the administrator of the 

United States environmental protection agency as part of the Ohio state 

implementation plan shall not be issued unless the following occurs: 

(a) Such variance has been submitted to the administrator as a revision to the 

Ohio state implementation plan pursuant to applicable law, including, 

but not limited to, 42 USC 7410 and 40 CFR Parts 51 and 52j-f!Ht!. 

(b) All requirements of applicable law, including, but not limited to, 40 CFR 

Parts 51 and 52 have been met, 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 a revision of the Ohio state implementation plan. 
3745-31-09 6 

(d) If a varill:flee has Beea tlj'JfJISVed B)' tile a<lrfliaisfftt1oer fJttfsttaffi te 

fJftfftgitlj'Jft (F)( 1) ef this 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) ef this rule, a sigaifiell:flt dif€heaee shall iaelttde B:fl)' 

efiMge ia the fiaal eeffifJliB:flee date ef aay 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) efthis rule, 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's jtt<lgraeat, stteh araeaded rule will eeafefffi 

te all reEJ:tlireraeats ef tlj'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. If a variance has been approved by the administrator 

pursuant to paragraph (F)( 1) of this rule. a renewal of such variance shall not 

be subject to paragraph (F)( I) of this rule unless a significant difference exists 

between the material aspects of such variance and the renewed form of such 

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 ofvariatieas variances. 

Upon issuance of a variance authorizing emissions as described in paragraphs 

CC)Cl)(a) to CC)(I)(c) of this rule. and upon approval thereof by the administrator as 

provided by paragraph (F)(l)(c) of this rule. if applicable. 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 the proposal as is lawful and reasonable. 

( 1) A single variance issued pursuant to this rule for an air contaminant source may 

provide the applicant relief from more than one emission limitation. 

(2) Except as otherwise appropriate under paragraph (C) of this rule, an approved 

compliance schedule shall be incorporated into 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) of this 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 of a 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 

of the 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 of a variance shall not relieve the holder of responsibility 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) of rule 3745-31-07 of the 

Administrative Code. 
3745-31-09 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

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 

8 
3745-31-10 NSR projects at existing emissions units at a major stationary 

source. 

(A) The following provisions apply to NSR projects 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 project that is not 

part of a major modification may result in a significant emissions increase and the 

owner or operator elects to use the method specified in paragraph (AAAAA) 

CGGGGG) of rule 3745-31-01 of the Administrative Code for calculating projected 

actual emissions. 

(1) Before beginning actual construction of the NSR project, the owner or operator 

shall document and maintain a record of the following information: 

(a) A description of the NSR project;~ 

(b) Identification of the emissions unit( s) whose em1sswns of a regulated 

NSR pollutant could be affected by the 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) of rule 3745-31-01 of the 

Administrative Code and an explanation for why such amount was 

excluded, and any netting calculations, if applicable. 

(2) Before beginning actual construction, regardless of whether the owner or 

operator determines there is a reasonable possibility that a NSR project that is 

not part of a major modification may result in a significant emissions 

increase, the owner or operator shall provide a copy of the information set out 

in paragraph (A)(l) of this rule to the director for any of the 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 

pollutant that could increase as a result of the NSR project and that is emitted 

by any emissions units identified in paragraph (A)(l )(b) of this rule; and 

calculate and maintain a record of the annual emissions, in tons per year on a 

calendar year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of ten years following resumption 

of regular operations after the change if the NSR project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such 

emissions unit. 

( 4) If the 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 of each year during which records must be generated under paragraph 

(A)(3) of this rule setting out the emissions unit's annual emissions during the 

year that preceded submission of the report. 

( 5) If the 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 maintained pursuant to paragraph (A)(l)(c) of 

this rule, by a significant amount for that regulated NSR pollutant, and if such 

emissions differ from the preconstruction projection as documented and 

maintained pursuant to paragraph (A)(l )(c) of this 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 of the major stationary source;-. 

(b) The annual emissions as calculated pursuant to paragraph (A)(3) of this 

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 

preconstruction projection). 

(6) A "reasonable possibilitv" under this rule occurs when the owner or operator 
3745-31-10 3 

calculates the project to result in 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 

NSR pollutant. 

(b) A projected actual emissions increase that added to the amount of 

emissions excluded under paragraph (GGGGG)(3) of rule 3745-31-01 

of the Administrative Code. sums to at least fifty per cent of the amount 

that is a "significant emissions increase." as defined under paragrapgh 

(WWWWW) of rule 3745-31-01 of the Administrative Code (without 

reference to the amount that is a significant net 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 of paragraph (A)( 6)(a) of this 

rule. then provisions under paragraphs (A)C2) to (A)(5) of this rule do 

not apply to the project. 

(B) The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to this rule available for review upon request. 
3745-31-10 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

4 
3745-31-11 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 of Rile 3745 31 Gl ef the AaR:iflistrati¥e Ceaeparagraph (LLLLLL) of rule 

3745-31-0 I of the Administrative Code titled. "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 

pollutant for which the major stationary source or major modification is 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 other measures as may be 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: 

Maximum Allowable Increase btgieml {!lgLm3

} 

Air Pollutant Averaging Period Class I Class II Class III 

Particulate matter 

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 

Sulfur dioxide annual arithmetic mean 2 20 40 

twenty-four-hour 5 91 182 

maximum 

three-hour maximum 25 512 700 

Nitrogen annual arithmetic mean 2.5 25 50 
3745-31-11 2 

I dioxide 

For any period other than an annual period, the applicable maximum allowable 

increase may be exceeded during one such period per year at any one location. 

(C) Ambient air ceilings" 

The director, through the issuance of a pennit-to-install pursuant to rules adopted 

under division (F) of section 3704.03 of the Revised Code, shall provide that no 

ambient concentration of an air pollutant shall exceed either of the 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 

of exposure. 

(D) Restrictions on area classifications~ 

(1) All of the following areas, if in existence of August 7, 1977, shall remain Class 

I areas: 

(a) International parks;~ 

(b) National wilderness areas that exceed five thousand acres in size;~ 

(c) National memorial parks that exceed five thousand acres 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 shall remain Class I but may 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 may be redesignated only as Class I or II: 
3745-31-11 3 

(a) An area that, as of August 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 exceeds ten thousand acres in size. 

(5) The extent of areas designated as Class I under paragraph (D)(1) of this rule or 

Class I or II under paragraph (D)(4) of this rule shall conform to any changes 

in the boundaries of an 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 

increment compliance with a maximum allowable increase: 

(a) Concentrations attributable to the increase in emissions from emissions 

units that have converted from the use of petroleum products, natural 

gas, or both by reason of an order in effect under Section 2(A) and (B) 

of the Energy Supply and Environmental Coordination Act of 1974 (or 

any superseding legislation) over the emissions from such emissions 

units before the effective date of such an order;~ 

(b) Concentrations attributable to the increase in emissions from emissions 

units that have converted from using natural gas by reason of natural 

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 of new or modified 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 in the baseline concentration;--tlft<l~ 

(e) Concentrations attributable to the temporary increase in emissions of 

sulfur dioxide, particulate matter or nitrogen oxides from emissions 
3745-31-11 4 

units that are affected by Ohio state implementation plan revisions 

approved by the Administrator of the United States environmental 

protection agency as meeting the criteria specified as follows: 

(i) Such time is not to exceed two years in duration unless a longer time 

is approved by the Administrator of the United States 

environmental protection agency;. 

(ii) The time period for excluding certain contributions, in accordance 

with paragraph (E)(l)(e)(i) of this rule, is not renewable;. 

(iii) No emissions increase from an emissions unit can do any of the 

following: 

(a) Impact a Class I area or an area when an applicable increment 

is known to be violated;-eF. 

(b) Cause or contribute to the violation of a national ambient air 

quality standard;. 

(c) Limitations under paragraph (E)(l)(e)(iii)(a) and 

(E)(l )( e )(iii)(b) of this rule must be in effect at the end of 

the time period specified in accordance with paragraph 

(E)(l )( e )(i) of this rule that would ensure that the emission 

levels from emissions units affected by the Ohio state 

implementation plan revision would not exceed those levels 

occurring from such emissions units before the plan 

revision was approved. 

(2) No exclusion of such concentrations shall apply more than five years after the 

effective date of the order to which paragraph (D)(l)(a) of this 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 after the later of such effective dates. 

(3) No exclusion under paragraph (E) of this rule shall occur later than nine 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 of the United States environmental protection agency. 

(F) Class redesignation 
3745-31-11 5 

( 1) All attainment areas of the state t. except as otherwise provided under paragraph 

(D) of this rule-f. shall be designated Class II. 

(2) Upon due consideration, the director may submit to the administrator of the 

United States environmental protection agency a proposal to redesignate to 

attainment any area of the state to Class I or Class II provided that: 

(a) At least one public hearing has been held in accordance with procedures 

established in Chapter 37~5 H 3745-49 of the 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 prior to the public hearing;. 

(c) A discussion of the reasons for the proposed redesignation, including a 

satisfactory description and analysis of the health, enviromnental, 

economic, social and energy effects of the proposed redesignation, 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 of the availability of such 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 of sixty 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 of the 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 

redesignation may be redesignated as Class III if the following a];l];llies: 
3745-31-11 6 

(a) The redesignation would meet the requirements of paragraph (F)(2) of this 

rule;~ 

(b) The redesignation has been specifically approved by the governor, after 

consultation with the appropriate committees of the general assembly, if 

it is in session, or with the leadership of the general assembly, if it is 

not in session, and if general purpose units of the local government 

representing a majority of the residents of the area to be redesignated 

enact legislation or pass resolutions concurring in tiT 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 of that 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. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

7 

3745-31-12 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 ef ntle 3745 31 01 ef H!e AElll'liaistrffiive Ceae paragraph (LLLLLL) of rule 

3745-31-0 I 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 mr 

pollutant for which the major stationary source or major modification is major. 

(B) Data submission authority. 

The owner or operator of a proposed major stationary source or major modification 

shall submit all information necessary to perform any analysis or make any 

determination required under this rule. 

(C) Minimum data submission requirements. 

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 of the major stationary source or major 

modification;. 

(3) For each emissions unit a detailed description as to what system of continuous 

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 

would be appliedt. 

( 4) The air quality impact of the 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;i I ; : 
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 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

3 

3745-31-13 Attainment provisions -review of major 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 provisions referenced in this rule, see "Ineefjlera-tien ey Referenee" a-t tile enEI ef 

Rile 3745 31 01 ef the AEIFHinistF!tlive CeEle paragraph (LLLLLL) of rule 3745-31-01 of 

the Administrative Code titled. "referenced materials.",] 

(A) Start construction 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 of the Administrative Code 

have been met and the stationary source has obtained a valid Ohio environmental 

protection agency permit-to-instalL 

(B) Air pollutants 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 that would be constructed in an area that is designated as attainment or 

unclassifiable under 40 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 or major modification if: 

(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 of the Administrative Code if 

the following apply: 

(a) The owner or operator of the 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 area where 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 of the proposed relocation unless a 

different time duration is previously approved by the director. 

(E) Stationary sources located in or impacting 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 located in an area designated as nonattainment under 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 pursuant to paragraph (D) of rule 3745-31-23 of the Administrative Code. 

(F) Temporary increases~ 

The re<jeiremeats e<jtlivalent te these ee!!t&i!!ea ill reles Rules 3 745-31-10 to 

3745-31-20 of the Administrative Code do not apply to a proposed major stationary 

source or major modification with respect to a particular air pollutant if the 

allowable emissions of that air pollutant from a new stationary source, or the net 

emissions increase of that 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 

would be less than fifty tons per year. 

(H) Exemptions to preapplication ambient monitoring" 

The director may exempt a proposed major stationary source or major modification 

from the FeEtHiFemeals ef rule 3745-31-14 of the Administrative Code with respect 

to ambient monitoring for a particular air pollutant if the following apply: 

( 1) The emissions increase of the air pollutant from a new stationary source or the 

new emissions increase of the air pollutant from a modification would cause, 

in any area, air quality 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 

emitted PM2.5J. 

fe1(lj) Particulate matter less than ten microns CPMlO) - ten f!g/effim3

, 

twenty-four-hour average;~ 

WW Sulfur dioxide - thirteen f!g/tlffim3

, twenty-four-hour average;. 

fe1ill Ozone- no de minimis air quality level is provided for ozone. However, 

any net increase of one hundred tons per year or more of VOCs subject 

to the attainment provisions of this chapter would be required to 

perform an impact analysis including the gathering of ambient air 

quality data;. 

fftW Lead- 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 Total reduced sulfur- ten j.!g/eftlm3

, one-hour average;. 

Will Hydrogen sulfide - 0.2 j.!g/effim3

, one-hour average;. 

ffi® Reduced sulfur compounds - 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) of this ruleTffl'. 

(3) The air pollutant is not listed in paragraph (H)(!) ofthis ruleT&. 

(4) The director determines that representative monitoring data is available. 
3745-31-13 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01/10/2014 and 05/29/2019 

119.D3 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96, 10/28/04, 12/1106 

5 
I 

I 

I 

I 
3745-31-14 Attainment provisions - 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 sf rule 3745 31 01 sf the AElmiHistrative Ceae paragraph (LLLLLL) of rule 

3745-31-01 of the Administrative Code titled. "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 a1r 

pollutant for which the major stationary source or major modification is major. 

(B) Criteria air pollutants that require 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 

major modification would affect for each of the following air pollutants: 

(1) For a stationary source, each criteria air pollutant that the stationary source 

would have the potential to emit in a significant amount; 

(2) For the major modification, each criteria air pollutant for which the maJor 

modification would result in a significant net emissions increase. 

(C) Non-criteria air pollutant pre-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 necessary to assess ambient air quality for that air pollutant in 

any area that the emissions of that air pollutant would affect. 

(D) Ambient monitoring requirements. 

With respect to any air pollutant f, other than VOCs-);, if the director determines 

that such monitoring is necessary, the pre-application analysis shall contain air 

quality monitoring data (unless exempt under paragraph (H) of rule 3745-31-13 of 

the Administrative Code) gathered for purposes of determining whether emissions 

of that air pollutant wonld cause or contribute to a violation of the national ambient 

air quality standard or any maximum allowable increment. 

(E) Ambient monitoring time 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 

least that shorter period. 

(F) Post approval ambient monitoring for ozone. 

Any owner or operator of a proposed major stationary source or major modification 

of VOCs who satisfies all conditions of paragraph (A) of rule 3745-31-22 of the 

Administrative Code may provide post-approval monitoring data for ozone in lieu 

of providing pre-construction data as required under paragraph (B)(l) of this rule. 

(G) Post-construction monitoring. 

Any owner or operator of a major stationary source or major modification shall, 

after construction of the stationary source or modification, conduct such ambient 

monitoring as the director determines is necessary to determine the effect emissions 

from the stationary source or modification may have, or are having, on air quality. 

(H) Operation of monitoring stations. 

Any owner or operator of a major stationary source or major modification shall 

meet the requirements of 40 CFR Part 58, Appendix B A during the operation of 

monitoring stations for purposes of satisfying paragraph (C) of this rule. 
3745-31-14 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

3 

3745-31-15 Attainment provisions -control technology review. 

[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 "l!!eBffJBF&tiea b)' Refere11ee" &t the e11El ef 

rule 37~5 31 01 efthe Aarllillislrati·ve Cede paragraph CLLLLLL) of rule 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 air 

pollutant for which the major stationary source or major modification 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 of performance under 40 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 would have the potential to emit in significant amounts. 

(D) A major modification shall apply BACT for each regulated NSR pollutant that 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 of a physical change or change in the method of 

operation in the emissions unit. 

(E) For phased construction NSR projects, the determination of BACT shall be reviewed 

and modified as appropriate no more than eighteen months prior to commencement 

of construction of each independent phase of the NSR project. At such time, the 

owner or operator of the stationary source may be required to demonstrate the 

adequacy of any previous determination of BACT for the stationary source. 

IJ:()J 
3745-31-15 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

2 
3745-31-16 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 in this rule, see the "I!ie8fj3BFfrtiaB B)' RefuFeBee" seetie!i 

at the e!\EI sf ffile 3745 31 91 sf the AE!ffi.inis!Fa#ve CeEie paragraph CLLLLLL) of rule 

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 mr 

pollutant for which the major stationary source or major modification is major. 

(B) Impact analysis~ 

Any owner or operator of a proposed major stationary source or major 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 or contribute to air pollution in violation of: 

( 1) Any national ambient air quality standard;-eF. 

(2) Any applicable maximum allowable increase over the baseline concentration in 

any attainment area. 

(C) Significant impact levels. 

For purposes of PM2.5. the demonstration required in paragraph CB) of this rule is 

deemed to have been made if the 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/m3 
3745-31-16 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05119/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

2 
3745-31-17 Attainment provisions- additional impact 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 sf nile 3 7 4 5 31 01 ef the AEimiHistrative Ceae paragraph (LLLLLL) of rule 

3745-31-01 of the Administrative Code titled. "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 

pollutant for which the major stationary source or major modification is major. 

(B) Any owner or operator of a proposed major stationary source or major modification 

shall provide an analysis of the 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 or operator shall provide an analysis of the air quality impact projected for 

the attainment area as a result of general commercial, residential, industrial and 

other growth associated with the stationary source or modification. 
3745-31-17 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01110/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96, 12/1/06 

2 
3745-31-18 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 

statutory provisions referenced in this rule, see "lBes~sFatisHlly RefereBee" at #ie eHa sf 

Rile 3745 31 01 sftfie AaffiiHistratiYe Csae paragraph (LLLLLL) of rule 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 

pollutant for which the major stationary source or major modification is major. 

(B) All estimates of ambient concentrations required under rule 3745-31-10 of the 

Administrative Code through rule 3745-31-27 of the Administrative Code shall be 

based upon the applicable air quality models, databases and other requirements 

specified in 40 CFR Part 51, Appendix W, "Guideline on Air Quality Models." 

(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 of a model may be made 

on a case-by-case basis or, where appropriate, on a generic basis for a specific State 

program. Written approval of the administrator of the United States environmental 

protection agency must be 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 of the Administrative Code. 

------------~---~--- -------~-·---------- ------- --·---- ----- ----------·~--·-··--------- ----------------------- -----~~·· 

'i,' ;wih"· '>;}3.' i(IJ' clc<l,·' '·' \'1/~:i; \:) 
3745-31-18 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

2 
3745-31-19 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 

statutory provisions referenced in this rule, see "lfle8f138FfrlieflllJ· RefeFeflee" frl the efla ef 

mle 3745 31 <ll eftl:-.e A~strfrlive Geae paragraph {LLLLLL) of rule 3745-31-01 of 

the Administrative Code titled. "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 a1r 

pollutant for which the major stationary source or major modification is major. 

(B) Notice to the United States environmental protection agency~ 

The director shall, upon request, transmit to the regional administrator of the United 

States environmental protection agency a copy of each 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-impact on air quality-related values~ 

The director shall consider comments from a federal land manager concerning the 

impact of a proposed major stationary source or major modification 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. of any 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. If the director 

concurs with such demonstration, the permit shall not be issued. 

(D) Class I variances~ 

The owner or operator of a proposed major 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 of such 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 with 
3745-31-19 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 air pollutant as detailed in the following table: 

Air pollutant Maximum allowable increase 

(micrograms per cubic meter) 

P!ffiie~±l!tte ffiatter PM2. 5 

annual arithmetic mean 4 

twennc-four-hour maximum 9 

PMJO 

PMHl, annual arithmetric mean 17 

PMHl, twenty-four-hour maximum ;?,G30 

Sulfur dioxide 

annual arithmetic mean 20 

twenty-four-hour maximum 91 

three-hour maximum 325 

Nitrogen dioxide 

arithmetic mean 25 

(E) Sulfur dioxide variance by governor with federal land manager's concurrence. 

(1) The owner or operator of a proposed major stationary source or major 

modification that cannot be approved under procedures developed pursuant to 

paragraph (D) of this rule may demonstrate to the governor that the major 

stationary source or major modification cannot be approved by reason of any 

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 variance under this clause would not adversely 

affect the air quality of the area f. including visibility~. 

(2) The governor, after consideration of the federal land manager's recommendation 

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; and 
3745-31-19 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) of this rule provided that the applicable 

requirements of this chapter are otherwise met. 

(F) Variance by the governor with the president's concurrence. 

(I) The recommendations of the 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 which the federal land manager does not 

concur; 

(2) The president may approve the governor's recommendation if fie the president 

finds that such variance is in the national 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 

developed pursuant to tl!e FeEJl±iFeffients ef paragraph (G) of this rule provided 

that the applicable requirements of this chapter are otherwise met. 

(G) Emissions limitations for presidential or gubernatorial 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 may be necessary to assure that emissions of sulfur 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 would not cause or contribute to concentrations that exceed the 

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 annual period: 

Maximum Allowable Sulfur Dioxide Increase 

(Micrograms per Cubic Meter) 

Period of Exposure Low Terrain High Terrain 

twenty-four-hour maximum 36 62 

three-hour maximum 130 221 
3745-31-19 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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, 12/1106 

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 

statutory provisions referenced in this rule, see "I!!e8Ffl8FfrtieRl9y RefeFeRee" frt tl9e eml ef 

mle 37~5 31 01 eftl9e Achninistrfrtive Cede paragraph (LLLLLL) of rule 3745-31-01 of 

the Administrative Code titled. "referenced materials.""] 

(A) Authority to request approvat 

An owner or operator of a 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 of innovative control technology. 

(B) Limitations on approvat 

The director of the Ohio environmental protection agency, with the written consent 

of the governor( s) of other 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 of innovative 

control technology if: 

(1) The proposed control system would not cause or contribute to an unreasonable 

risk to public health, welfare or safety 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 of start-up or seven years from 

permit issuance;. 

(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) of rule 3745-31-07 of the Administrative Code based on the 

emission rate that the major stationary source employing the system of 

innovative control technology would be required to meet on the date specified 

by the director. 

(4) The major stationary source or major modification would not, before the date 

specified by the director; do any of the following: 

(a) Cause or contribute to any violation of any applicable national ambient air 

quality standard-;-ffl. 
3745-31-20 2 

(b) Impact any Class I area;-er. 

(c) Impact any area where an applicable increment is known to be violated;. 

(5) All other applicable requirements including those for public participation under 

rule 3745-31-06 of the Administrative Code have been met. 

(C) Withdrawal of approval. 

The director shall withdraw any approval to employ a system of innovative control 

technology made under this rule if either of the following occur: 

(1) The proposed system fails by the specified date to achieve the required emission 

rate-;-er.:. 

(2) The director determines that continued operation will cause or contribute to an 

unreasonable risk to public health, welfare or safety. 

(D) Extension of demonstration period. 

If a proposed major stationary source or major modification fails to meet the 

required level of continuous 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 of BACT through 

use of a demonstrated system of control. 
3745-31-20 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRONICALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01110/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96, 12/1/06, 6/30/08 

3 

3745-31-21 Nonattainment provisions- review of major 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 provisions referenced in this rule, see "I11e8fj38Ffftie11 ey Refere11ee" at the e11El ef 

rttle 3745 31 91 efthe Affininistrative CeEle paragraph (LLLLLL) of rule 3745-31-01 of 

the Administrative Code entitled, "referenced materials.'\ J 

(A) Start construction limitation" 

No owner or operator of a major stationary source or major modification located in 

a nonattainment area shall begin actual construction of such major stationary source 

or major modification unless, as a minimum, the reEJ:ttiref!lellts i11 rules 3745-31-21 

to 3745-31-27 of the Administrative Code have been met and the owner or operator 

of the stationary source has obtained a valid Ohio environmental protection agency 

permit-to-install. 

(B) Air pollutants 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 with respect to each regulated NSR pollutant that the stationary source 

would emit, except as this rule would otherwise allow. 

(C) Attainment/nonattainment applicability" 

Except as provided in F!ile rules 3745-31-21 and 3745-31-23 of the 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 would be constructed in an area designated under 40 CFR 81.336 

as nonattainment for an air pollutant for which the stationary source or modification 

IS maJOr. 

(D) PMlO precursors" 

I11 aeeeraa11ee with the reEJ:ttiremellls ef Seetie11 189 ef the 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) Clean coal technology" 

Consistent with the Clean Air Act, Ohio environmental protection agency wtH shall 

apply the following requirements for clean coal technology demonstrations: 

( 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 or permanent clean coal technology demonstration project. 

(2) Temporary clean coal technology demonstration projects" 

Installation, operation, cessation, or removal of a temporary clean coal 

technology demonstration project shall not subject such demonstration project 

to the requirements of Section 111 or Part D of Title I of the Clean Air Act. 

(3) Permanent clean 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 of perfonnance under 

Section 111 of the Clean Air Act or to the review and permitting 

requirements of Part C of Title I of the Clean Air Act for any air pollutant the 

potential emissions of which will not increase as a result of the clean coal 

technology demonstration project. 

(4) Exemption for reactivation of very clean coal technology units" 

Physical changes or changes in the method of operation associated with the 

commencement of commercial 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 of Title I of the Clean Air Act where 

the emissions unit: 

(a) Has not been in operation for the two-year pe1iod prior to 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 of enactment;" 

(b) Was equipped prior to shut-down with a continuous system of emission 

control that achieves a removal efficiency for sulfur dioxide of no less 
3745-31-21 3 

than eighty-five per cent and a removal efficiency for particulate matter 

of no less than ninety-eight per cent;~ 

(c) Is equipped with low-NO burners prior to the time of commencement; 

ft!!t!. X 

(d) Is otherwise in compliance with the requirements of the Clean Air Act. 

(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 of this 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 of the indirect impacts of motor vehicles and 

aircraft traffic regulated under Title II of the Clean Air Act (motor vehicles and 

aircraft) is not required under this rule. 
3745-31-21 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05119/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective Dates: 

05/29/2014 

01/10/2014 and 05/29/2019 

119.03 

3704.03(F) 

3704.03(A), 3704.03(F) 

4/12/96,4/27/98, 10/28/04, 12/1106 

4 
3745-31-22 Nonattainment provisions- conditions for approval. 

[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 "ffies!f1SFffiisR by Ref<:weRee" B1: the eRE! sf 

rule 37~5 31 Gl sf the AElrniRistretive Csae paragraph (LLLLLL) of rule 3745-31-01 of 

the Administrative Code entitled. "referenced materials.""] 

(A) Conditions for permit-to-install approval. 

If the 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 if the following conditions are met: 

(1) Lowest achievable emission rate (LAER). 

The major stationary source or major modification is required to meet an 

emission limitation that specifies the LAER for such stationary source. 

If the director determines that teclmological or economic limitations on the 

application of measurement 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 of control. 

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 exceed these values. 

The new emission limitations for the new stationary source as well as any 

existing stationary sources affected must be federally 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, controlled by, 

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·; \'A 
3745-31-22 2 

compliance with an expeditious schedule which is federally enforceable or 

contained in a court decreej. 

(3) Emission offsets~ 

(a) Emission reductions (offsets) from existing air contaminant sources in the 

area of the 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) of rule 3745-31-26 of the 

Administrative Code. 

(c) Emission offsets must meet the baseline limitations of rule 3745-31-24 of 

the Administrative Code, the location limitations of rule 3745-31-25 of 

the Administrative Code, and the offset ratio limitations of rule 

3745-31-26 of the Administrative Code. 

(d) Emission offsets are required only for those air pollutants for which the 

increased allowable emissions exceed the significant emission rates. 

(e) Deereases ifl aemal eftlissiens res~:~ltiHg fl'Blfl !fie iHstallatieH ef aEIEI Bfl 

eefl!i'el teebnelegy er Elj3]3lieatiefl ef J3Bllffiien 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 eElflllet be ~:~sea as effuets. 

(f) Deereases iH aet~:~al eftlissieHs eeel:lffiHg at a eleae l:lilit eaHHBf be ~:~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 of the 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 quality benefit, 

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 of paragraphs (A)(1) to (A)(3) of this 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 if the 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 prior to the 

application for such permit to construct or modify so as to represent 

reasonable further progress as defined in Section 171 of the Clean Air Act. 

(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 of the Administrative Code or the emission offsets required under 

paragraphs (A)(3) and (A)(4) of this rule: 

Major stationary sources that must switch fuels due to lack of adequate fuel 

supplies or where a major stationary source is required to be modified as a 

result of new United States environmental protection agency regulations and 

no exemption from such regulation is available to the major stationary source. 

Such exemptions may be granted only if the 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 and 
3745-31-22 4 

apply them when they become 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 under paragraphs (A)(3) and 

(A)( 4) of this rule: 

(a) Portable facilities that will be relocated outside of the nonattainrnent area 

after a short period 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 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

5 

3745-31-23 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 

statutory provisions referenced in this rule, see "Ineeljleffitie!l ey RefeFe!lee" at the e!!EI ef 

mle 3745 31 Gl ef the AEimiflistFative Ceae paragraph CLLLLLL) of rule 3745-31-01 of 

the Administrative Code entitled. "referenced materials.""] 

(A) Applicability. 

This rule applies only to major stationary sources or major modification that will be 

located in an area designated in 40 CFR 81.336 as attainment or unclassifiable if 

the emissions from the major stationary source or major modification would exceed 

the following significance levels at any locality that does not meet the national 

ambient air quality standard: 

Averaging Time (Hours) 

Air Pollutant 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 major modifications to which this section applies ff!ltS! 

shall meet the LAER FeEtttiFeme!lts under paragraph (A)(1) of rule 3745-31-22 of 

the Administrative Code, the compliance certification FeEtttiFement under 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 ofthe Administrative Code. 

' '}J 

3 
3745-31-23 2 

(C) Review of specified major stationary sources for air quality impact. 

(1) For sulfur dioxide, particulate matter, PMIO. PM2.5 and carbon monoxide, the 

detennination of whether a major stationary source or major modification will 

cause or contribute to a violation of a national ambient air quality standard is 

be made on a case-by-case basis using the major stationary source's allowable 

emissions in an atmospheric dispersion model. 

(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 oxidation rate. 

(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 of the 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 pursuant to Section 110(A)(2)(d) of the Clean Air Act has been adopted 

and approved, then this rule shall apply. 

( 4) The determination as to whether a major stationary source would cause or 

contribute to a violation of a 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 would not cause a new violation. 

(D) Major stationary sources located in clean air areas. 

If the director finds that the emissions from a proposed major stationary source 

would cause a new violation of a national ambient air quality standards, but would 

not contribute to an existing violation, approval may be granted only if both of the 

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 of any national ambient air quality standard. 

(b) If the 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 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 (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 affected must be federally enforceable. 
3745-31-23 

Effective: 

R.C. 119.032 review dates: 

CERTIFIED ELECTRON! CALLY 

Certification 

05/19/2014 

Date 

Promulgated Under: 

Statutory Authority: 

Rule Amplifies: 

Prior Effective 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 

4