Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-21 - Nonattainment provisions - review of major stationary sources and major modifications - stationary source applicability and exemptions

Current through all regulations passed and filed
			 through July 1, 2024
[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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
(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, 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.
Rules
				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 rules
				3745-31-21 and
				3745-31-23 of the Administrative
				Code, 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) PM10 precursors.
Major stationary sources and major modifications of PM10
				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 PM10, except where the director
				determines that such major stationary sources do not contribute significantly
				to PM10 levels that exceed the PM10 standard in the area.
(E) Clean coal technology.
Consistent with the Clean Air Act, Ohio environmental
				protection agency 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 performance 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 111 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 period 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 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-NOx burners prior to
			 the time of commencement.
(d) Is
			 otherwise in compliance with the requirements of the Clean Air Act.