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 3745-31-02 - Applicability, requirements, and obligations

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."]
This chapter provides requirements for installation,
				modification and operation of new and existing air contaminant sources at
				facilities that are not subject to Chapter 3745-77 of the Administrative Code.
				This chapter also provides requirements for installation and modification of
				air contaminant sources at facilities that are, or will be, subject to Chapter
				3745-77 of the Administrative Code. The operating requirements for air
				contaminant sources, defined as Title V sources, can be found in Chapter
				3745-77 of the Administrative Code.
[Comment: Prior to June 30, 2008, requirements for
				permits-to-operate for sources not subject to Chapter 3745-77 of the
				Administrative Code were contained in Chapter 3745-35 of the Administrative
				Code. On June 30, 2008, Chapter 3745-35 was rescinded and all operating
				requirements for sources at facilities not subject to Chapter 3745-77 of the
				Administrative Code were incorporated into this chapter. Rules
				3745-31-01 to
				3745-31-07 of the Administrative
				Code provide regulatory requirements for installation and modification for all
				sources. Rules
				3745-31-01 to
				3745-31-07 of the Administrative
				Code also provide regulatory requirements for operation of sources at
				facilities not subject to Chapter
				3745-77 of the Administrative
				Code. Rule
				3745-31-08 of the Administrative
				Code provides the on-going regulatory requirements for sources at facilities
				not subject to Chapter
				3745-77 of the Administrative
				Code that previously received registration status for permit-to-operate
				purposes under the now rescinded Chapter
				3745-35 of the Administrative
				Code. Updated requirements for registration status, now defined as express
				permit-to-install or express PTIOs, are incorporated into rule
				3745-31-05 of the Administrative
				Code. Rule
				3745-31-09 of the Administrative
				Code provides for operation or other use of an air contaminant source that
				emits any air pollutant under a variance. This provision was previously
				established in the now rescinded rule
				3745-35-03 of the Administrative
				Code. Rule
				3745-31-29 of the Administrative
				Code provides for general permits-to-install and general PTIOs. Rule
				3745-31-33 of the Administrative
				Code identifies activities that are included or excluded from
				the meaning of begin actual construction, as
				defined in rule
				3745-31-01 of the Administrative
				Code. The remaining rules in this chapter, rules
				3745-31-10 to
				3745-31-28 and rule
				3745-31-32 of the Administrative
				Code, provide additional regulatory requirements for installation and
				modification of air contaminant sources that are located at a major stationary
				source or are considered major modifications, as defined in rule
				3745-31-01 of the Administrative
				Code. Installation or modification of air contaminant sources that are located
				at a major stationary source or are considered major modifications, are, or
				will become, subject to Chapter
				3745-77 of the Administrative
				Code.
The operating regulatory requirements for these types of
				sources are contained in Chapter 3745-77 of the Administrative Code.]
[Comment: Prior to the effective date
				of this rule, permits-by-rule were contained in rule
				3745-31-03 of the Administrative
				Code. The permits-by-rule have been moved to rule
				3745-31-30 of the Administrative
				Code.]
(A) Permit-to-install or
			 PTIO
(1) Except as provided in rule
			 3745-31-03 of the Administrative
			 Code, rule
			 3745-31-30 of the Administrative
			 Code, or paragraph (A)(3) of this rule, no person shall cause, permit, or
			 allow any of the following:
(a) Installation
			 or modification of any new source that is, or will be, part of a facility, as
			 defined in Chapter 3745-77 of the Administrative Code, and that is required to
			 obtain a Title V permit under Chapter 3745-77 of the Administrative Code,
			 without first obtaining a permit-to-install from the director.
(b) Installation or modification, and
			 subsequent operation of any new source that is not part of a facility, as
			 defined in Chapter 3745-77 of the Administrative Code, and that is not required
			 to obtain a Title V permit under Chapter 3745-77 of the Administrative Code,
			 without first obtaining a PTIO from the director.
[Comment: Paragraph (A)(1)(b) of this rule is not intended to
				prohibit any new source, as defined in rule
				3745-31-01 of the Administrative
				Code, currently operating under an effective permit-to-install or
				permit-to-operate from continuing operation in accordance with those permits.
				Nor is it intended to prohibit any new source currently operating under an
				expired permit-to-operate, where a timely and complete application for renewal
				is pending in accordance with division (C) of section
				119.06 of the Revised Code, from
				continuing operation in accordance with the expired permit-to-operate until
				such time as a new PTIO is issued or denied.]
(c) Operation of any air contaminant source,
			 except as provided in rule
			 3745-31-08 of the Administrative
			 Code, not defined as a new source under rule
			 3745-31-01 of the Administrative
			 Code, that is not part of a facility, as defined in Chapter
			 3745-77 of the Administrative
			 Code, and that is not required to obtain a Title V permit under Chapter
			 3745-77 of the Administrative
			 Code, without first obtaining authority to operate through issuance of a PTIO
			 from the director, which may include any of the following:
(i) Requirements for equipping the air
			 contaminant source with instrumentation and sensing devices to monitor and
			 record emission data and other information about the operation of the air
			 contaminant source.
(ii)
			 Requirements for performance tests that demonstrate that the source is in
			 compliance with applicable emission limitations and other applicable laws, at
			 the applicant's expense, in accordance with methods prescribed by the Ohio
			 environmental protection agency. The Ohio environmental protection agency, or
			 its representatives, may observe, participate in, or conduct any performance
			 test required.