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 3745-31-05 - Criteria for decision by the director

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) Permit-to-install or PTIO.
The director shall issue a permit-to-install or PTIO, on the
				basis of the information appearing in the application, or information gathered
				by or furnished to the Ohio environmental protection agency, or both, if the
				director determines that the installation, modification or operation of the air
				contaminant source will do all of the following:
(1) Not prevent or interfere with the
			 attainment or maintenance of applicable ambient air quality
			 standards.
(2) Not result in a
			 violation of any applicable laws, including but not limited to the following:
(a) Emission standards adopted by the Ohio
			 environmental protection agency.
(b) Federal standards of performance for new
			 stationary sources adopted by the administrator of the United States
			 environmental protection agency pursuant to Section 111 of the Clean Air Act
			 and the regulations promulgated thereunder.
(c) Requirements pertaining to installation
			 of major stationary sources or major modifications in attainment and
			 nonattainment areas as contained in rules
			 3745-31-10 to
			 3745-31-27 of the Administrative
			 Code.
(d) National emission
			 standards for hazardous air pollutants adopted by the administrator of the
			 United States environmental protection agency pursuant to Section 112 of the
			 Clean Air Act and the regulations promulgated thereunder (including 40 CFR part
			 61 and 40 CFR part 63).
(3) Employ BAT, when applicable, in
			 accordance with the following:
(a) BAT shall
			 be evaluated, determined and required in either the initial permit-to-install
			 or PTIO issued for an air contaminant source or when a modification of the air
			 contaminant source results in the issuance of a permit-to-install or PTIO,
			 except the following:
(i) BAT is not required
			 if the air contaminant source was installed before January 1, 1974, and has not been modified on or after January 1,
			 1974.
(ii) BAT is not
			 required if the air contaminant source was installed or modified on or after
			 August 3, 2006 and has the potential to emit, taking into account air pollution
			 controls installed on the source, less than ten tons per year of emissions of
			 an air contaminant or precursor of an air contaminant for which a national
			 ambient air quality standard has been adopted under the Clean Air
			 Act.
(iii) If the only requirement
			 to obtain a permit-to-install or PTIO is due to one of the following, any
			 existing BAT determination, when applicable, remains in effect and BAT shall
			 not be reevaluated and redetermined:
(a) A
			 modification as a result of the requirements of paragraph
			 (M)(10)(a)(ii) of rule
			 3745-31-01 of the Administrative
			 Code.
(b) The requirements of
			 paragraph (F) of this rule.
(c) An
			 administrative modification.
(iv) BAT is not required for any existing,
			 new, or modified air contaminant source that is subject to a plant-wide
			 applicability limit that has been approved by the director.
(b) For air contaminant sources
			 subject to an existing BAT determination, BAT shall be reevaluated and
			 redetermined when a modification of the air contaminant source
			 occurs.
(c) Except as provided in
			 paragraph (A)(3)(b) of this rule, BAT shall not be reevaluated and redetermined
			 when a PTIO is renewed, notwithstanding a modification as defined in rule
			 3745-31-01 of the Administrative
			 Code. However, any existing BAT determination remains in effect.
(d) BAT may be reevaluated and redetermined
			 at any time, in accordance with the definition of BAT contained in rule
			 3745-31-01 of the Administrative
			 Code, based on data available at the time the air contaminant source was
			 initially installed or most recently modified, whichever occurs
			 later.
(e) Any reevaluated and
			 redetermined BAT shall be in effect upon completion of the physical change or
			 change in the method of operation or, when a physical change for change in the
			 method of operation is not applicable, upon issuance of the permit-to-install
			 or PTIO. Prior to completion of the physical change or change in the method of
			 operation or issuance of the permit-to-install or PTIO, any existing BAT
			 determination remains in effect.
(f) When applicable in accordance with this
			 rule, if any of the following apply to the air contaminant source, then the
			 director shall determine BAT to be, at a minimum, equivalent to the limit
			 contained within the applicable rule:
(i)
			 Paragraphs (C) to (J), (K) with the exception of (K)(4), (L) to (N), (O) with
			 the exception of (O)(2)(e), (P) to (R), (U) with the exception of (U)(2)(k) and
			 (U)(2)(l), (V) to (X), (Y) with the exception of (Y)(2)(d) and (Y)(3), (Z) to
			 (EE), and (DDD) of rule
			 3745-21-09 of the Administrative
			 Code as the rule existed on January 1, 2006 as required in division (T) of
			 section 3704.03 of the Revised
			 Code.
(ii) Rules
			 3745-21-11 to
			 3745-21-16 of the Administrative
			 Code as the rules existed on January 1, 2006 as required in division (T) of
			 section 3704.03 of the Revised Code.
This determination shall be made on a pollutant by pollutant
				basis.
(g) If the
			 only reason the rules contained in paragraphs (A)(3)(f)(i) to (A)(3)(f)(ii) of
			 this rule do not apply is because the air contaminant source is located in a
			 non-applicable county under the rules contained in paragraphs (A)(3)(f)(i) to
			 (A)(3)(f)(ii) of this rule, then the director shall determine BAT to be
			 equivalent to the most stringent limit contained within the applicable rule
			 regardless of the air contaminant source's location. This determination shall
			 be made on a pollutant by pollutant basis.