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 3745-31-19 - Attainment provisions - notice to the United States environmental protection agency

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) Applicability.
This rule applies to any major stationary source or major
				modification that is to be constructed in an area designated in
				40 CFR
				81.336 as attainment for an air pollutant for
				which the major stationary source or major modification is major.
(B) Notice to the United States
			 environmental protection agency.
The director shall, upon request, transmit to the regional
				administrator of the United States environmental protection agency a copy of
				each permit application relating to a major stationary source or major
				modification subject to this rule and provide notice to the administrator of
				every action related to the consideration of such permit.
(C) Denial-impact on air quality-related
			 values.
The director shall consider comments from a federal land
				manager concerning the impact of a proposed major stationary source or major
				modification on such lands, including a demonstration that the emissions from
				the proposed major stationary source or major modification would have an
				adverse impact on the air quality, including visibility, of any federal
				mandatory Class I lands, notwithstanding that the change in air quality
				resulting from emissions from such major stationary source or major
				modification would not cause or contribute to concentrations that would exceed
				the maximum allowable increases for a Class I area. If the director concurs
				with such demonstration, the permit shall not be issued.
(D) Class I variances.
The owner or operator of a proposed major stationary source or
				major modification shall demonstrate to the federal land manager that the
				emissions from such major stationary source or major modification would have no
				adverse impact on the air quality of such lands, including visibility,
				notwithstanding that the change in air quality resulting from emissions from
				such major stationary source or major modification would cause or contribute to
				concentrations that would exceed the maximum allowable increases for a Class I
				area. If the federal land manager concurs with such demonstration and so
				certifies to the state, the director may, provided that applicable requirements
				are otherwise met, issue the permit with emission limitations necessary to
				assure that emissions of sulfur dioxide and particulate matter would not exceed
				the maximum allowable increases over baseline concentration for such air
				pollutant as detailed in the following table:
Air pollutant
Maximum allowable increase (micrograms per cubic
						  meter)
PM
						  2.5
annual arithmetic mean
4
twenty-four-hour maximum
9
PM10
annual arithmetric mean
17
twenty-four-hour maximum
30
Sulfur dioxide
annual arithmetic mean
20
twenty-four-hour maximum
91
three-hour maximum
325
Nitrogen dioxide
arithmetic mean
25
(E)
			 Sulfur dioxide variance by governor with federal land manager's concurrence.
(1) The owner or operator of a proposed major
			 stationary source or major modification that cannot be approved under
			 procedures developed pursuant to paragraph (D) of this rule may demonstrate to
			 the governor that the major stationary source or major modification cannot be
			 approved by reason of any maximum allowable increase for sulfur dioxide for
			 periods of twenty-four hours or less applicable to any Class I area and, in the
			 case of federal mandatory Class I areas, that a variance under this clause
			 would not adversely affect the air quality of the area, including
			 visibility.
(2) The governor, after
			 consideration of the federal land manager's recommendation, if any, and subject
			 to 
									the
			 governor's concurrence may grant, after notice and an opportunity for a
			 public hearing, a variance from such maximum allowable increase; and
(3) If such variance is granted, the director
			 may issue a permit to such major stationary source or major modification in
			 accordance with provisions developed pursuant to paragraph (G) of this rule
			 provided that the applicable requirements of this chapter are otherwise
			 met.