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 3745-31-22 - Nonattainment provisions - conditions for approval

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) 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 technological 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 
										shall 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.
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 
										shall be
				federally enforceable.
(2)
			 Compliance certification.
The applicant shall certify that all existing major stationary
				sources owned or operated by the applicant, or any entity controlling,
				controlled by, or under common control with the applicant, 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, or
				are in compliance with an expeditious schedule which is federally enforceable
				or contained in a court decree.
(3) Emission offsets.
(a) Emission reductions (offsets) from
			 existing air contaminant sources in the area of the proposed major stationary
			 source, whether or not under the same ownership, 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 PM
			 2.5 emissions in accordance with
			 paragraph (D) of rule
			 3745-31-26 of the Administrative
			 Code.
(c) Emission offsets
			 
										shall
			 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) The total tonnage of increased emissions,
			 in tons per year, resulting from a major modification that
			 
										shall be
			 offset in accordance with Section 173 of the Clean Air Act shall be determined
			 by summing the difference between the allowable emissions after the major
			 modification and the actual emissions before the modification for each
			 emissions unit.
(4) Net
			 air quality benefit.
The emission offsets 
										shall 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.