Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-77 - Title V Permits › Section 3745-77-03 - Content of a permit application

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
				3745-77-01 of the Administrative
				Code titled "referenced materials."]
(A) Standard application form. The owner or
			 operator of a source that is subject to the Title V permit program as provided
			 in rule 3745-77-02 of the Administrative
			 Code shall submit Title V permit applications in the manner and form prescribed
			 by the director for that purpose. The applicant shall submit the information
			 required by this rule for each emissions unit at the source to be permitted,
			 except for insignificant activities and emissions levels as specified in
			 paragraph (G) of rule
			 3745-77-02 of the Administrative
			 Code. The applicant shall identify any such insignificant activities and
			 emissions levels that are exempted because of size or production rate. An
			 applicant may not omit information for an emissions unit, including information
			 for insignificant activities or emission levels, that is necessary to determine
			 the applicability of any applicable requirement, to impose any applicable
			 requirement, or to evaluate the fee amount required under section
			 3745.11 of the Revised
			 Code.
(B) Option for single or
			 multiple permits. A Title V permit applicant may request a single permit for a
			 stationary source with multiple Title V emissions units, or a separate permit
			 for any one or more emissions units at the same facility required to have a
			 Title V permit. The director shall honor all such requests based on proper
			 definitions of emissions units.
(C)
			 Required information. The standard application form shall require, and the
			 applicant shall provide, all of the following information:
(1) Identifying information, including
			 company name and address (or plant name and address if different from the
			 company name or address), owner's name and statutory agent, telephone number
			 and names of plant site manager or other onsite contact, and application or
			 premise number from any previous permits under Chapter 3745-31
			 of the Administrative Code.
(2) A
			 description of the source's processes and products (by standard industrial
			 classification code or North American industry classification system) including
			 any associated with each alternate operating scenario identified by the
			 source.
(3) All of the following
			 emission-related information:
(a) All
			 emissions of each regulated air pollutant for which the source is major, and an
			 estimate of all emissions of each other regulated air pollutant for which the
			 source is regulated. The application shall describe all emissions of regulated
			 air pollutants emitted from any emissions unit, except where such units are
			 exempted as de minimis in rule
			 3745-15-05 of the Administrative
			 Code, or exempted in paragraphs (B)(1) to (B)(3) of rule
			 3745-31-03 of the Administrative
			 Code. The applicant shall provide additional information related to such
			 emissions of air pollutants sufficient to verify which requirements are
			 applicable to the source, and other information that may be necessary to
			 determine the amount of any permit fees owed under the fee schedule approved
			 pursuant to Chapter
			 3745-78 of the Administrative
			 Code. All emission estimates shall be performed in accordance with reasonable,
			 appropriate and available engineering techniques.
(b) Identification and description of all
			 points of emissions described in paragraph (C)(3)(a) of this rule, in
			 sufficient detail to establish both the basis for fees and the applicability of
			 any applicable requirement.
(c)
			 Emissions rates in TPY, and in such terms as are necessary to establish
			 compliance consistent with the applicable standard reference test method, if
			 any.
(d) Information regarding
			 fuels, fuel use, raw materials, production rates, and operating schedules, to
			 the extent such information is needed to determine or regulate
			 emissions.
(e) Identification and
			 description of air pollution control equipment and compliance monitoring
			 devices or activities.
(f)
			 Limitations on source operations affecting emissions or any work practice
			 standards, where applicable, for all regulated air pollutants at the Title V
			 source.
(g) Other information
			 required by any applicable requirement (including information related to stack
			 height limitations developed pursuant to Section 123 of the act).
(h) Calculations on which the information in
			 paragraphs (C)(3)(a) to (C)(3)(g) of this rule is based.
(i) Related information necessary to
			 establish voluntary restrictions in the permit to avoid federally applicable
			 requirements pursuant to paragraph (B) of rule
			 3745-77-07 of the Administrative
			 Code.
(4) Both of the
			 following air pollution control requirements:
(a) Citation and description of all
			 applicable requirements.
(b)
			 Description of or reference to any applicable test method for determining
			 compliance with each applicable requirement.
(5) Other specific information as necessary
			 to implement and enforce other applicable requirements of the act or of this
			 chapter, including the following:
(a)
			 Information on emissions and controls relevant to establishing a case-by-case
			 emission limitation or standard under Section 112 of the act, or to determine
			 the applicability of such requirements.
(b) A proposed compliance date for any
			 standard under Section 112(d), 112(h), or 112(j) of the act that was
			 promulgated after the applicant has received a final maximum achievable control
			 technology (MACT) determination according to rule
			 3745-31-28 of the Administrative
			 Code, and that does not specify a compliance date for sources that have
			 received a final case-by-case MACT determination. The proposed compliance date
			 shall be approved by the director, and in no case shall the compliance date be
			 more than eight years from the date of promulgation of the standard.
(6) Any requests for alternative
			 or multiple operating scenarios or anticipated changes in emissions during the
			 term of the permit, together with the information under paragraphs (C)(3)(a) to
			 (C)(3)(h) of this rule for each such scenario or change.
(7) An explanation of any proposed exemptions
			 from otherwise applicable requirements.
(8) Any request for alternative emission
			 limits, together with information necessary for the director to define
			 alternative limits requested by the permit applicant under division (E) of
			 section 3704.03 and division (K) of
			 section 3704.036 of the Revised
			 Code.
(9) Compliance plan.
			 Description of the compliance status of the Title V source with respect to all
			 applicable requirements, which shall include all of the following:
(a) For all applicable requirements with
			 which the source is in compliance, a statement that the source will continue to
			 comply with such requirements.
(b)
			 For all applicable requirements that will become effective during the permit
			 term, a statement that the source will meet such requirements on a timely
			 basis. A statement that the source will meet in a timely manner such
			 requirements that become effective during the permit term shall satisfy this
			 provision, unless a more detailed plan or schedule is required by the
			 requirement.
(c) For applicable
			 requirements for which the source is not in compliance at the time of permit
			 issuance, a narrative description of how the source will achieve compliance
			 with such requirements and a schedule of compliance. The compliance schedule
			 shall include a schedule of remedial measures, including an enforceable
			 sequence of actions with milestones, leading to compliance with any applicable
			 requirements for which the source will be in noncompliance at the time of
			 permit issuance. This compliance schedule shall resemble and be at least as
			 stringent as that contained in any judicial consent decree or administrative
			 order to which the source is subject. Any such schedule of compliance shall be
			 supplemental to, and shall not sanction noncompliance with the applicable
			 requirements on which the compliance schedule is based.
(d) A schedule for submission of certified
			 progress reports no less frequently than every six months for sources required
			 to have a schedule of compliance to remedy a violation.
(e) The compliance plan content requirements
			 specified in paragraphs (C)(9)(a) to (C)(9)(d) of this rule shall apply and be
			 included in the acid rain portion of a compliance plan for an affected source,
			 except as specifically superseded in regulations promulgated under Title IV of
			 the act with regard to the schedule and method the
			 source will use to achieve compliance with the acid rain emissions
			 limitations.
(f) If the owner or
			 operator of the source is required to develop and register a risk management
			 plan pursuant to Section 112(r) of the act, the applicant shall specify the
			 compliance status of the requirement to register such a plan.
(10) Compliance certification
			 shall include all of the following:
(a) A
			 certification of compliance status with all applicable requirements by a
			 responsible official consistent with paragraph (D) of this rule and Section 114
			 (a)(3) of the act.
(b) A statement
			 of the methods used for determining compliance, including a description of
			 monitoring, recordkeeping, and reporting requirements and test
			 methods.
(c) A schedule for
			 submission of compliance certifications during the Title V permit term, to be
			 submitted annually or more frequently if specified by the applicable
			 requirement.
(d) A statement
			 indicating the source's compliance status with any applicable enhanced
			 monitoring and compliance certification requirements of the act.
(e) If the owner or operator of the source is
			 required to develop and register a risk management plan pursuant to Section
			 112(r) of the act, the applicant shall certify compliance with the requirement
			 to register such a plan.
(11) The information specified in nationally
			 standardized forms for the acid rain portions of applications and compliance
			 plans, as required by regulations promulgated under Title IV of the
			 act.