Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-14 - Nitrogen Oxides-Reasonably Available Control Technology › Section 3745-14-01 - Definitions and general provisions

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 (F) of this rule titled "referenced
				materials."]
(A) This chapter
			 establishes the provisions and requirements to implement a NOx budget, portland
			 cement kilns, and a stationary (large) internal combustion engines program in
			 the state of Ohio as a means of control and reduction of NOx
			 emissions.
(B) Definitions.
(1) Except as otherwise provided in this
			 rule, the definitions in rule
			 3745-15-01 of the
			 Administrative Code shall apply to this chapter.
(2) As used in this rule and in rules
			 3745-14-03,
			 3745-14-04
			 and
			 3745-14-08
			 of the Administrative Code (pertaining to NOx budget program and other sources
			 identified in paragraph (A) of this rule):
(a) "Acid Rain emissions limitation" means,
			 as defined in
			 40
			 CFR 72.2, a limitation on emissions of sulfur
			 dioxide or NOx under the acid rain program under Title IV of the Clean Air
			 Act.
(b) "Administrator" means the
			 administrator of the United States environmental protection agency or the
			 administrator's duly authorized representative.
(c)
										"AP-42" means the
			 USEPA document "Compilation of Air Pollutant Emissions Factors, Volume I:
			 Stationary Point and Area Sources."
(d) "ASTM" means the
			 "American Society for Testing and Materials," 100 Barr Harbor Drive, West
			 Conshohocken, Pennsylvania.
(e) "Automated data
			 acquisition and handling system" or "DAHS" means that component of the CEMS, or
			 other emissions monitoring system approved for use under
			 paragraphs (A) to (G) of rule
			 3745-14-08
			 of the Administrative Code, designed to interpret and convert individual output
			 signals from pollutant concentration monitors, flow monitors, diluent gas
			 monitors, and other component parts of the monitoring system to produce a
			 continuous record of the measured parameters in the measurement units required
			 by paragraphs (A) to (G) of rule
			 3745-14-08
			 of the Administrative Code.
(f) "Boiler" means an
			 enclosed fossil or other fuel-fired combustion device used to produce heat and
			 to transfer heat to recirculating water, steam, or other medium, excluding CO
			 boilers associated with combusting CO from fluidized catalytic crackers at
			 petroleum refineries.
(g) "Btu" means
			 British thermal unit.
(h) "CAA" means the
			 Clean Air Act as contained in
			 42 USC
			 7401 to
			 7671q.
(i)
			 "CO" means carbon monoxide.
(j) "Combined cycle
			 system" means a system comprised of one or more combustion turbines, heat
			 recovery steam generators, and steam turbines configured to improve overall
			 efficiency of electricity generation or steam production.
(k)
			 "Combustion turbine" means an enclosed fossil or other fuel-fired device that
			 is comprised of a compressor, a combustor, and a turbine, and in which the flue
			 gas resulting from the combustion of fuel in the combustor passes through the
			 turbine, rotating the turbine.
(l) "Commence
			 commercial operation" means, with regard to a unit that serves a generator, to
			 have begun to produce steam, gas, or other heated medium used to generate
			 electricity for sale or use, including test generation. Except as provided in
			 paragraph (C)(2) of this rule, for a unit that is a NOx budget unit under
			 paragraph (C)(1) of this rule on the date the unit commences commercial
			 operation, such date shall remain the unit's date of commencement of commercial
			 operation even if the unit is subsequently modified, reconstructed, or
			 repowered. Except as provided in paragraph (C)(2) of this rule, for a unit that
			 is not a NOx budget unit under paragraph (C)(1) of this rule on the date the
			 unit commences commercial operation, the date the unit becomes a NOx budget
			 unit under paragraph (C)(1) of this rule shall be the unit's date of
			 commencement of commercial operation.
(m) "Commence
			 operation" means to have begun any mechanical, chemical, or electronic process,
			 including, with regard to a unit, start-up of a unit's combustion chamber.
			 Except as provided in paragraph (C)(2) of this rule, for a unit that is a NOx
			 budget unit under paragraph (C)(1) of this rule on the date of commencement of
			 operation, such date shall remain the unit's date of commencement of operation
			 even if the unit is subsequently modified, reconstructed, or repowered. Except
			 as provided in paragraph (C)(2) of this rule, for a unit that is not a NOx
			 budget unit under paragraph (C)(1) of this rule on the date of commencement of
			 operation, the date the unit becomes a NOx budget unit under paragraph (C)(1)
			 of this rule shall be the unit's date of commencement of operation.
(n)
			 "Common stack" means a single flue through which emissions from two or more
			 units are exhausted.
(o) "Continuous emission monitoring system" or "CEMS"
			 means the equipment required under paragraphs (A) to
			 (G) of rule
			 3745-14-08
			 of the Administrative Code to sample, analyze, measure, and provide, by
			 readings taken at least once every fifteen minutes (using an automated DAHS, a
			 permanent record of NOx emissions, stack gas volumetric flow rate or stack gas
			 moisture content (as applicable), in a manner consistent with
			 paragraphs (A) to (G) of rule
			 3745-14-08
			 of the Administrative Code. The following are the principal types of continuous
			 emission monitoring systems required under paragraphs
			 (A) to (G) of rule
			 3745-14-08
			 of the Administrative Code and 40 CFR Part 75:
(i) A flow monitoring system, consisting of a
			 stack flow rate monitor and an automated DAHS. A flow monitoring system
			 provides a permanent, continuous record of stack gas volumetric flow rate, in
			 units of standard cubic feet per hour (scfh).
(ii) A NOx concentration monitoring system,
			 consisting of a NOx pollutant concentration monitor and an automated DAHS. A
			 NOx concentration monitoring system provides a permanent, continuous record of
			 NOx emissions in units of parts per million (ppm).
(iii) A NOx emission rate (or NOx-diluent)
			 monitoring system, consisting of a NOx pollutant concentration monitor, a
			 diluent gas (carbon dioxide or oxygen) monitor, and an automated DAHS. A NOx
			 concentration monitoring system provides a permanent, continuous record of: NOx
			 concentration in units of parts per million, diluent gas concentration in units
			 of percent carbon dioxide or oxygen, and NOx emission rate in units of pounds
			 per mmBtu.
(iv) A moisture
			 monitoring system, as defined in
			 40 CFR
			 75.11(b)(2). A moisture
			 monitoring system provides a permanent, continuous record of the stack gas
			 moisture content, in units of per cent water.
(p)
			 "Control period" means the period beginning May first of a year and ending on
			 September thirtieth of the same year, inclusive.
(q) "DAHS" means data
			 acquisition and handling system.
(r) "Designated
			 representative" means, for a NOx budget source or NOx budget unit at the
			 source, the natural person who is authorized by the owner and operator of the
			 source and all NOx budget units at the source to represent and legally bind
			 each owner and operator in matters pertaining to the NOx budget program. For
			 Title V sources, the designated representative shall be the responsible
			 official under paragraph (II) of rule
			 3745-77-01 of the
			 Administrative Code. For non-Title V sources, the designated representative
			 shall be the signatory authority under paragraph (B) of rule
			 3745-31-04 of the
			 Administrative Code.
(s) "Director" means the director of the Ohio
			 environmental protection agency.
(t) "Electricity for
			 sale under firm contract to the grid" means electricity for sale where the
			 capacity involved is intended to be available at all times during the period
			 covered by a guaranteed commitment to deliver, even under adverse
			 conditions.
(u) "Emissions" means air pollutants exhausted from a
			 unit or source into the atmosphere, as measured, recorded, and reported to the
			 administrator by the designated representative and as determined by the
			 administrator in accordance with paragraphs (A) to (G)
			 of rule
			 3745-14-08
			 of the Administrative Code, or as measured, recorded
			 and reported to the director by the designated representative in accordance
			 with paragraph (H) of rule
			 3745-14-08
			 of the Administrative Code.
(v) "Energy
			 information administration" means the energy information administration of the
			 United States department of energy.
(w) "Fossil fuel"
			 means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous
			 fuel derived from such material.
(x) "Fossil
			 fuel-fired" means one of the following, with regard to a unit:
(i) For units that commenced operation before
			 January 1, 1996, the combustion of fossil fuel, alone or in combination with
			 any other fuel, where fossil fuel actually combusted comprises more than fifty
			 per cent of the annual heat input, on a Btu basis, during 1995, or, if a unit
			 had no heat input in 1995, during the last year of operation of the unit prior
			 to 1995.
(ii) For units that
			 commenced operation on or after January 1, 1996 and before January 1, 1997, the
			 combustion of fossil fuel, alone or in combination with any other fuel, where
			 fossil fuel actually combusted comprises more than fifty per cent of the annual
			 heat input, on a Btu basis, during 1996.
(iii) For units that commence operation on or
			 after January 1, 1997, one of the following:
(a) The combustion of
			 fossil fuel, alone or in combination with any other fuel, where fossil fuel
			 actually combusted comprises more than fifty per cent of the annual heat input,
			 on a Btu basis, during any year.
(b) The combustion of
			 fossil fuel, alone or in combination with any other fuel, where fossil fuel is
			 projected to comprise more than fifty per cent of the annual heat input, on a
			 Btu basis, during any year, provided that the unit shall be "fossil fuel-fired"
			 as of the date, during such year, on which the unit begins combusting fossil
			 fuel.
(y) "Generator" means
			 a device that produces electricity.
(z) "Heat input" means
			 the product (in mmBtu per time) of the gross calorific value of the fuel (in
			 mmBtu per pound) and the fuel feed rate into a combustion device (in pounds of
			 fuel per time), as measured, recorded, and reported to the director by the
			 designated representative and as determined by the director in accordance with
			 rule
			 3745-14-08
			 of the Administrative Code, and does not include the heat derived from
			 preheated combustion air, recirculated flue gases, or exhaust from other
			 sources.
(aa) "Heat input rate" means the amount of heat input
			 (in mmBtu) divided by unit operating time (in hours) or, with regard to a
			 specific fuel, the amount of heat input attributed to the fuel (in mmBtu)
			 divided by the unit operating time (in hours) during which the unit combusts
			 the fuel.
(bb) "Life-of-the-unit, firm power contractual
			 arrangement" means a unit participation power sales agreement under which a
			 utility or industrial customer reserves, or is entitled to receive, a specified
			 amount or percentage of nameplate capacity and associated energy from any
			 specified unit and pays its proportional amount of such unit's total costs,
			 pursuant to a contract that meets one of the following:
(i) For the life of the unit.
(ii) For a cumulative term of no less than
			 thirty years, including contracts that permit an election for early
			 termination.
(iii) For a period
			 equal to or greater than twenty-five years or seventy per cent of the economic
			 useful life of the unit determined as of the time the unit is built, with
			 option rights to purchase or release some portion of the nameplate capacity and
			 associated energy generated by the unit at the end of the period.
(cc) "Maximum design heat input" means the ability of
			 a unit to combust a stated maximum amount of fuel per hour on a steady state
			 basis, as determined by the physical design and physical characteristics of the
			 unit.
(dd) "Maximum potential hourly heat input" means an
			 hourly heat input used for reporting purposes when a unit lacks certified
			 monitors to report heat input. If the unit intends to use Appendix D of 40 CFR
			 Part 75 to report heat input, this value shall be calculated, in accordance
			 with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross
			 calorific value. If the unit intends to use a flow monitor and a diluent gas
			 monitor, this value shall be reported, in accordance with 40 CFR Part 75, using
			 the maximum potential flow rate and either the maximum carbon dioxide
			 concentration (in per cent carbon dioxide) or the minimum oxygen concentration
			 (in per cent oxygen).
(ee) "Maximum
			 potential NOx emission rate" means the emission rate of NOx (in pounds per
			 mmBtu) calculated in accordance with Section 3 of Appendix F of 40 CFR Part 75,
			 using the maximum potential concentration of NOx as defined in Section 2 of
			 Appendix A of 40 CFR Part 75, and either the maximum oxygen concentration (in
			 per cent oxygen) or the minimum carbon dioxide concentration (in per cent
			 carbon dioxide), under all operating conditions of the unit except for unit
			 start up, shutdown, and upsets.
(ff) "Maximum rated
			 hourly heat input" means a unit-specific maximum hourly heat input (mmBtu)
			 which is the higher of the manufacturer's maximum rated hourly heat input or
			 the highest observed hourly heat input.
(gg) "mmBtu" means
			 million. British thermal unit.
(hh) "MWe" means
			 megawatt electrical.
(ii) "Monitoring
			 system" means any monitoring system that meets the requirements of rule
			 3745-14-08
			 of the Administrative Code, including a continuous emissions monitoring system,
			 an excepted monitoring system, or an alternative monitoring system.
(jj)
			 "Nameplate capacity" means the maximum electrical generating output (in MWe)
			 that a generator can sustain over a specified period of time when not
			 restricted by seasonal or other deratings as measured in accordance with the
			 United States department of energy standards.
(kk) "Non-Title V
			 permit" means a federally enforceable permit administered by the director
			 pursuant to the Clean Air Act and regulatory authority under the Clean Air Act,
			 other than Title V of the Clean Air Act and Chapter 3745-77 of the
			 Administrative Code.
(ll) "NOx" means all
			 oxides of nitrogen which are determined to be ozone precursors, including, but
			 not limited to, nitrogen oxide and nitrogen dioxide, but excluding nitrous
			 oxide.
(mm) "NOx budget source" means a source that includes
			 one or more NOx budget units.
(nn) "NOx budget
			 program" means a NOx air pollution control program approved by the
			 administrator pursuant to
			 40
			 CFR 51.121 or established by the
			 administrator pursuant to
			 40
			 CFR 52.34, as a means of mitigating the
			 interstate transport of ozone and NOx.
(oo) "NOx budget
			 unit" means a unit that is subject to the requirements of the NOx budget
			 program.
(pp) "Operator" means any person who operates,
			 controls, or supervises a NOx budget unit or a NOx budget source and shall
			 include, but not be limited to, any holding company, utility system, or plant
			 manager of such a unit or source.
(qq) "Owner" means
			 any of the following persons:
(i) Any holder
			 of any portion of the legal or equitable title in a NOx budget unit.
(ii) Any holder of a leasehold interest in a
			 NOx budget unit.
(iii) Any
			 purchaser of power from a NOx budget unit under a life-of-the-unit, firm power
			 contractual arrangement (however, unless expressly provided for in a leasehold
			 agreement, owner shall not include a passive lessor, or a person who has an
			 equitable interest through such lessor, whose rental payments are not based,
			 either directly or indirectly, upon the revenues or income from the NOx budget
			 unit.
(rr) "Potential electrical output capacity" means
			 thirty-three per cent of a unit's maximum design heat input.
(ss)
			 "Receive" or "receipt of" means, when referring to the director or the
			 administrator, to come into possession of a document, information, or
			 correspondence (whether sent in writing or by authorized electronic
			 transmission), as indicated in an official correspondence log, or by a notation
			 made on the document, information, or correspondence, by the director or the
			 administrator in the regular course of business.
(tt) "Reference
			 method" means any direct test method of sampling and analyzing for an air
			 pollutant as specified in Appendix A of 40 CFR Part 60.
(uu)
			 "Source" means any governmental, institutional, commercial, or industrial
			 structure, installation, plant, building, or facility that emits or has the
			 potential to emit any regulated air pollutant under the Clean Air Act. For
			 purposes of Section 502(c) of the Clean Air Act, a source, including a source
			 with multiple units, shall be considered a single facility.
(vv)
			 "State" means one of the forty-eight contiguous states or a portion thereof or
			 the District of Columbia that is subject to a NOx budget program under Section
			 110(c) or Section 126 of the Clean Air Act.
(ww) "State program
			 budget" means the total number of NOx tons available to the NOx budget program,
			 for use in a given control period.
(xx) "Submit" or
			 "serve" means to send or transmit a document, information, or correspondence to
			 the person specified in accordance with the applicable regulation by any of the
			 following:
(i) In person.
(ii) By United States postal
			 service.
(iii) By other means of
			 dispatch or transmission and delivery.
Compliance with any submission, service, or mailing deadline
				shall be determined by the date of dispatch, transmission, or mailing and not
				the date of receipt.
(yy) "Title V
			 operating permit" means a permit issued under Chapter 3745-77 of the
			 Administrative Code.
(zz) "Title V
			 operating permit regulations" means Chapters 3745-77 and 3745-78 of the
			 Administrative Code.
(aaa) "Ton" or
			 "tonnage" means any "short ton'' (i.e., two thousand pounds). For the purpose
			 of determining compliance with the NOx budget
			 program, total tons for a control period shall be calculated as the sum
			 of all recorded hourly emissions (or the tonnage equivalent of the recorded
			 hourly emissions rates) in accordance with paragraphs
			 (A) to (G) of rule
			 3745-14-08
			 of the Administrative Code, or the sum of all daily
			 emissions in accordance with paragraph (H) of rule
			 3745-14-08
			 of the Administrative Code, with any remaining fraction of a ton equal to
			 or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less
			 than 0.50 ton deemed to equal zero tons.
(bbb) "Unit" means a fossil fuel-fired stationary
			 boiler, combustion turbine, or combined cycle system.
(ccc) "Unit operating day" means a calendar day in
			 which a unit combusts any fuel.
(ddd) "Unit
			 operating hour" or "hour of unit operation" means any hour (or fraction of an
			 hour) during which a unit combusts any fuel.
(3) As used in rule
			 3745-14-11
			 of the Administrative Code (pertaining to NOx budget program requirements for
			 portland cement manufacturing):
(a) "Clinker"
			 means the product of a portland cement kiln from which finished cement is
			 manufactured by milling and grinding.
(b) "Long dry kiln" means a kiln fourteen
			 feet or larger in diameter, four hundred feet or greater in length, which
			 employs no preheating of the feed. The inlet feed to the kiln is dry.
(c) "Long wet kiln" means a kiln fourteen
			 feet or larger in diameter, four hundred feet or greater in length, which
			 employs no preheating of the feed. The inlet feed to the kiln is a
			 slurry.
(d) "Low-NOx burners" means
			 combustion equipment designed to reduce flame turbulence, delay fuel/air
			 mixing, and establish fuel-rich zones for initial combustion.
(e) "Malfunction" means any sudden,
			 infrequent, and not reasonably preventable failure of air pollution control
			 equipment, process equipment, or a process to operate in a normal or usual
			 manner. Failures that are caused in part by poor maintenance or careless
			 operation are not malfunctions.
(f)
			 "Mid-kiln system firing" means the secondary firing in kilns by injecting solid
			 fuel at an intermediate point in the kiln system using a specially designed
			 feed injection mechanism for the purpose of decreasing NOx emissions through
			 both of the following:
(i) Burning part of the
			 fuel at a lower temperature.
(ii)
			 Reducing conditions at the solid fuel injection point that may destroy some of
			 the NOx formed upstream in the kiln burning zone.
(g) "Portland cement" means a hydraulic
			 cement produced by pulverizing clinker consisting essentially of hydraulic
			 calcium silicates, usually containing one or more of the forms of calcium
			 sulfate as an interground addition.
(h) "Portland cement kiln" means a system,
			 including any solid, gaseous or liquid fuel combustion equipment, used to heat,
			 calcine and fuse raw materials, including limestone and clay, to produce
			 portland cement clinker.
(i)
			 "Precalciner kiln" means a kiln system where the feed to the kiln is preheated
			 in cyclone chambers which utilize a second burner to calcine material in a
			 separate vessel attached to the preheater prior to the final fusion in a kiln
			 which forms clinker.
(j) "Preheater
			 kiln" means a kiln system where the feed to the kiln is preheated in cyclone
			 chambers prior to the final fusion in a kiln which forms clinker.
(k) "Shutdown" means the cessation of
			 operation of a portland cement kiln for any purpose.
(l) "Startup" means the setting in operation
			 of a portland cement kiln for any purpose.
(4) As used in rule
			 3745-14-12
			 of the Administrative Code (pertaining to NOx budget program requirements for
			 stationary internal combustion engines):
(a)
			 "Affected engine" means any stationary internal combustion engine that is a
			 large NOx SIP call engine, or other stationary internal combustion engine that
			 is subject to NOx control under a compliance plan established pursuant to
			 paragraph (B) of rule
			 3745-14-12
			 of the Administrative Code.
(b)
			 "Engine seasonal NOx 2007 tonnage reduction" means the year 2007 control period
			 NOx emissions reductions value for a large NOx SIP call engine which is
			 calculated as the difference between the 2007 base NOx emissions and the 2007
			 budget NOx emissions contained in the NOx SIP call engine inventory. The total
			 engine seasonal NOx 2007 tonnage reduction for all large NOx SIP call engines
			 in Ohio is 2730 tons.
(c) "Facility
			 seasonal NOx 2007 tonnage reduction" means the total of the engine seasonal NOx
			 2007 tonnage reductions attributable to all of an owner/operator's large NOx
			 SIP call engines.
(d) "Large NOx
			 SIP call engine" means a stationary internal combustion engine identified and
			 designated as "large" in the NOx SIP call engine inventory (as defined in
			 paragraph (B)(4)(e) of this rule) as emitting more than one ton of NOx
			 emissions per average control period day in 1995.
(e) "NOx SIP call engine inventory" means the
			 inventory of internal combustion engines compiled by the United States
			 environmental protection agency as part of the NOx SIP call rule, including the
			 Federal Register notice entitled "Technical Amendment to the Finding of
			 Significant Contribution and Rulemaking for Certain States for Purposes of
			 Reducing Regional Transport of Ozone," and the adjustment of the 2007 budget
			 NOx control efficiency to eighty-two per cent for large gas-fired engines
			 discussed in the Federal Register notice entitled "Interstate Ozone Transport:
			 Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical
			 Amendments, and Section 126 Rules."
(f) "Past NOx emission rate" means the
			 emission rate of an affected engine in grams per brake horsepower-hour as
			 determined by performance testing consistent with the requirements of 40 CFR
			 Part 60, Appendix A. Where such performance test data are not available, the
			 appropriate past NOx emission rate shall be evaluated and approved or denied by
			 the director on a case-by-case basis using, for example, appropriate emission
			 factors or data from the NOx SIP call engine inventory. For large NOx SIP call
			 engines, the past NOx emission rate is the uncontrolled emission
			 rate.
(g) "Projected operating
			 hours" means the projected actual number of hours of operation per control
			 period for an affected engine.
(h)
			 "Projected NOx emission rate" means the projected emission rate in grams per
			 brake horsepower-hour after installation of controls on an affected
			 engine.
(i) "Stationary internal
			 combustion engine" means any internal combustion engine of the reciprocating
			 type that is either attached to a foundation at a facility or is designed to be
			 capable of being carried or moved from one location to another and remains at a
			 single site at a building, structure, facility, or installation for more than
			 twelve consecutive months. Any engine (or engines) that replaces an engine at a
			 site that is intended to perform the same or similar function as the engine
			 replaced is included in calculating the consecutive time period.