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 3745-31-30 - Permits-by-rule

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 titled, "referenced materials."
(A)
								A
			 permit-to-install or PTIO as required by rule
			 3745-31-02 of the Administrative
			 Code shall be obtained for the installation or modification, and operation of
			 an air contaminant source unless exempted under paragraph (B) of rule
			 3745-31-03 of the Administrative
			 Code, or unless the owner or operator elects to install or modify, and operate,
			 under a permit-by-rule under paragraph (C) of this rule.
(B)
								The relocation of
			 any portable permit-by-rule source shall be exempt under rule
			 3745-31-03 of the Administrative
			 Code provided the requirements of paragraph (B)(1)(p) of rule
			 3745-31-03 of the Administrative
			 Code are met.
(C)
								Permit-by-rule.
The following air contaminant sources
				may elect to be permitted under this paragraph in lieu of the requirement to
				obtain a permit-to-install or PTIO under rule
				3745-31-02 of the Administrative
				Code. These permits-by-rule are valid only as long as the owner or operator
				complies with all of the permit-by-rule general provisions, meets the
				qualifying criteria defined in the applicable permit-by-rule and complies with
				all of the requirements under the applicable permit-by-rule specific
				provisions. Upon request by the director, the owner or operator of a facility
				that has exceeded the permit-by-rule thresholds or that the director finds is
				causing or may cause a public nuisance in violation of rule
				3745-15-07 of the Administrative
				Code shall submit an application for a permit-to-install or PTIO.
These permits-by-rule do not, however,
				exempt any air contaminant source from requirements of the Clean Air Act,
				including being considered for purposes of determining whether a facility
				constitutes a major source or is otherwise regulated under Chapter 3745-77 of
				the Administrative Code or any requirement to list significant or insignificant
				activities and emission levels in a Title V permit application. In addition,
				this rule does not relieve the owner or operator from the requirement of
				including the emissions associated with these sources into any major NSR
				permitting action.
(1)
									General provisions.
These general provisions apply to any
				owner or operators utilizing a permit-by-rule listed in paragraph (C) of this
				rule.
(a)
										Recordkeeping requirements.
The owner or operator shall collect and
				maintain the records described for each air contaminant source electing to be
				permitted under paragraph (C) of this rule and retain the records in the owner
				or operator's files for a period of not less than five years, unless otherwise
				specified in each permit-by-rule and make the records available to the director
				or any authorized representative of the director for review during normal
				business hours.
(b)
										Notification requirements for new installations.
For the purposes of this paragraph, a
				new permit-by-rule air contaminant source is an air contaminant source
				installed after the promulgation date of any new applicable permit-by-rule or
				July 29, 2005, whichever comes later. The owner or operator of a new
				permit-by-rule air contaminant source electing to use an applicable
				permit-by-rule shall submit a written notification to the appropriate Ohio
				environmental protection agency district office or local air agency in a form
				and manner prescribed by the director prior to installation of the air
				contaminant source containing the following information, at a
				minimum:
(i)
											The owner or operator's and the facility contact's
			 name.
(ii)
											The facility mailing address and telephone
			 number.
(iii)
											The location of the air contaminant
			 source.
(iv)
											A description of the air contaminant source, including
			 any pollution control.
(v)
											A statement by the owner or operator that indicates
			 which permit-by-rule applies to the air contaminant source.
(c)
										Notification requirements for existing permitted
			 sources.
The owner or operator of an air
				contaminant source which is operating under an existing permit-to-install, PTIO
				or permit-to-operate may continue to operate in compliance with that permit or
				may submit a written request to the Ohio environmental protection agency to
				revoke any such individual permit or permits and allow the air contaminant
				source to operate under the permit-by-rule provisions. The director may revoke
				a permit-to-install, PTIO or permit-to-operate if the permittee requests
				revocation, agrees to meet all permit-by-rule qualifying and operating
				conditions, and the director determines that the revocation will not result in
				the violation of any applicable laws. When a permittee requests a revocation
				pursuant to this paragraph, the director, without prior hearing, shall make a
				final determination on the request and inform the permittee in writing. If the
				director agrees with the request to operate under the permit-by-rule, then the
				permit-by-rule becomes applicable to the permittee on the date the existing
				permit-to-install, PTIO or permit-to-operate is revoked.
(d)
										Notification requirements for existing permit-by-rule
			 sources.
The owner or operator of an air
				contaminant source that is operating under one of the permit-by-rules that
				existed prior to July 29, 2005 (emergency electrical generators, injection and
				compression molding, crushing and screening plants, soil-vapor extraction and
				soil-liquid extraction) and desires to continue operating under the
				permit-by-rule shall submit to the appropriate Ohio environmental protection
				agency district office or local air agency by July 29, 2006 a written
				notification which contains all of the elements required in paragraph (C)(1)(b)
				of this rule.
(e)
										Records retention requirements.
Each record of any monitoring data,
				testing data, and support information, including, but not limited to, all
				calibration and maintenance records and all original strip-chart recordings for
				continuous monitoring instrumentation, and all reports required by the
				applicable permit by rule shall be retained for a period of five years from the
				date the record was created. Such records may be maintained in computerized
				form.
(f)
										Reporting requirements.
The owner or operator shall submit the
				following reports to the appropriate Ohio environmental protection agency
				district office or local air agency:
(i)
											Any monitoring or
			 recordkeeping information required by a specific
			 permit-by-rule.
(ii)
											Written documentation of every deviation (excursion)
			 from emission limitations, operational restrictions, qualifying criteria, and
			 control equipment operating parameter limitations that has been detected by the
			 testing, monitoring, and recordkeeping requirements specified in the
			 permit-by-rule, within thirty days of the deviation, describing the specific
			 limitation or operational restriction exceeded, the probable cause of each
			 deviation, and any corrective actions or preventive measures that have been or
			 will be taken, except as otherwise provided in the specific reporting
			 requirements of the applicable permit-by-rule.
(g)
										Scheduled
			 maintenance/malfunction reporting.
Any scheduled maintenance of air
				pollution control equipment shall be performed in accordance with paragraph (A)
				of rule 3745-15-06 of the Administrative
				Code. The malfunction of any air contaminant source or any associated air
				pollution control system shall be reported to the appropriate Ohio
				environmental protection agency district office or local air agency in
				accordance with paragraph (B) of rule
				3745-15-06 of the Administrative
				Code. Except as provided in that rule, any scheduled maintenance or malfunction
				necessitating the shutdown or bypassing of any air pollution control system
				shall be accompanied by the shutdown of the air contaminant source that is
				served by such control system.