reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-27 - Solid Waste and Infectious Waste Regulations › Section 3745-27-90 - Standards for solid waste management districts

Current through all
			 regulations passed and filed through July 1, 2024
This rule incorporates the goals
				established in the 2020 "State Solid Waste Management Plan" and the performance
				standards developed as required by that plan. The 2020 "State Solid Waste
				Management Plan" establishes ten goals for solid waste management districts.
				Solid waste management districts have the option of achieving either goal 1 or
				goal 2 but are encouraged to achieve both. Goal 9 is optional. The goals of the
				2020 "State Solid Waste Management Plan" and the performance standards
				incorporated into this rule are specified in the following table:
Goal
Subject
Rule Location
Goal 1
Opportunity to
						  recycle
paragraph (E)
Goal 2
Waste reduction and recycling
						  rate
paragraph (F)
Goal 3
Minimum outreach and
						  education
paragraph (G)
Goal 4
Outreach plan and general
						  requirements
paragraph (H)
Goal 5
Industrial programs and
						  services
paragraph (I)
Goal 6
Restricted solid wastes,
						  household hazardous waste, and electronics
paragraph (J)
Goal 7
Economic
						  incentives
paragraph (K)
Goal 8
Greenhouse gas
						  reduction
paragraph (L)
Goal 9
Market development
paragraph (M)
Goal 10
Reporting
paragraph (N)
(A)
								For the purposes of this rule, terms are defined as
			 follows:
(1)
									
			 "Commercial recycling opportunities" means recycling service providers, drop
			 off locations, buy back operations, scrap yards, and material recovery
			 facilities that provide commercial and industrial sectors the ability to
			 recycle. Commercial recycling opportunities include recycling opportunities
			 that allow for the collection of at least five of the following
			 materials:
(a)
										
			 Corrugated cardboard.
(b)
										Mixed paper or any of the following grades of
			 paper:
(i)
											
			 Office paper.
(ii)
											Newspaper.
(iii)
											
			 Magazines.
(c)
										Paperboard.
(d)
										Glass beverage
			 and food containers.
(e)
										Steel beverage and food containers.
(f)
										Aluminum beverage
			 and food containers.
(g)
										Plastic bottles and jugs.
(h)
			 Pallets.
(i)
										Packaging.
[Comment: For the purposes of this
				rule, the term "commercial businesses" is used to refer to commercial
				businesses and institutions.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-27 - Solid Waste and Infectious Waste Regulations › Section 3745-27-99 - Requirements for professional engineer certification of plans, specifications, and information

Current through all regulations passed and
			 filed through July 1, 2024
(A) Applicability.
This rule applies to plans, specifications, or information
				submitted to Ohio EPA for review, consideration, or decision as part of an
				application for permit to install, license, or registration; any other request
				for authorization submitted under Chapter 3734. of the Revised Code or Chapter
				3745-27 of the
				Administrative Code; or any other submittal intended to demonstrate compliance
				with any statute, rule, or authorization.
(B) Certification requirements:
(1) The following plan drawings shall be
			 prepared and sealed by a licensed professional engineer:
(a) Plan drawings prepared and submitted as
			 part of a permit to install application pursuant to one or a combination of the
			 following:
(i) Paragraphs (B)(3)
			 to (B)(5) of rule
			 3745-27-37
			 of the Administrative Code, for an infectious waste treatment
			 facility.
(ii) Paragraphs (B)(3)
			 to (B)(5) of rule
			 3745-27-50
			 of the Administrative Code, for a solid waste incinerator facility.
(iii)
			 Paragraphs (C)(4) to (C)(7) of rule
			 3745-27-63
			 of the Administrative Code, for a class I scrap tire storage facility or class
			 I scrap tire recovery facility.
(iv) Paragraphs
			 (B)(3)(b), (B)(3)(e) to (B)(3)(h), (B)(4), (B)(5)(b), (B) (6), and (B)(7) of
			 rule
			 3745-27-70
			 of the Administrative Code, for a scrap tire monofill facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-02 - Applicability

Current through all regulations passed and filed through July 1,
			 2024
(A)
								This chapter is applicable to a sanitary landfill
			 facility that meets the definition of an industrial landfill facility or a
			 residual landfill facility.
(B)
								This chapter is
			 applicable to any person who establishes or is the owner or operator of an
			 industrial landfill facility or a residual landfill facility.
(C)
								In addition to
			 the rules made applicable by reference in this chapter, rule
			 3745-27-04
			 of the Administrative Code also applies.
(D)
								Chapter 3745-501
			 of the Administrative Code, which pertains to licensing, and Chapter 3745-502
			 of the Administrative Code which pertains to solid waste fees, are applicable
			 to any person who establishes or operates an industrial landfill facility or a
			 residual landfill facility.
(E)
								This chapter is
			 not applicable to spent foundry sand, fly ash, and bottom ash that has been
			 determined to be nontoxic by the Ohio environmental protection agency, or to
			 any facility which exclusively disposes of such wastes.
(F)
								This chapter is
			 not applicable to the beneficial use of coal-combustion waste materials
			 authorized under section
			 1513.02
			 of the Revised Code.
(G)
								This chapter is not applicable to the beneficial use of
			 lime mining wastes authorized under section
			 1514.081
			 of the Revised Code.
(H)
								This chapter is not applicable to the beneficial use of
			 IMW authorized pursuant to Chapter 3745-599 of the Administrative Code.
Replaces: 3745-30-02
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-03 - Waste characterization for disposal in a residual landfill facility

Current through all regulations passed and filed through July 1,
			 2024
(A)
								To
			 determine and confirm whether it is appropriate to dispose a particular IMW
			 waste stream in a residual landfill, the owner or operator shall
			 sample
			 the IMW in accordance with paragraph (C) of this rule.
								An
			 extract from the IMW shall be obtained and tested
			 in accordance with paragraphs (D) and (E) of this rule for
			  the following parameters
			 :
(1)
			 For IMW generated by fuel burning operations as specified
			 in paragraph (I)(1)(a) of rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through eight, ten through fifteen,
			 and forty of appendix B to this rule
			 .
(2) For
			 IMW generated by foundry operations as specified in
			 paragraph (I)(1)(b) of rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through eighteen, twenty-two through
			 twenty-four, thirty-two, thirty-five, thirty-six, and forty of appendix
			 B to
			 this rule .
(3) For IMW generated by pulp and
			 papermaking operations as specified in paragraph (I)(1)(c) of
			 rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through forty of appendix
			 B to
			 this rule .
(4) For IMW generated by steelmaking
			 operations as specified in paragraph (I)(1)(d) of
			 rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through seventeen and forty of
			 appendix B
			 to this rule .
(5) For IMW generated from gypsum
			 processing plant operations as specified in paragraph
			 (I)(1)(e) of rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through seventeen and forty of
			 appendix B
			 to this rule .
(6) For IMW generated from lime processing
			 operations as specified in paragraph (I)(1)(f) of
			 rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through six, eight, ten through
			 fifteen, and forty of appendix B to this rule
			 .
(7) For
			 IMW generated from portland cement operations as
			 specified in paragraph (I)(1)(g) of rule
			 3745-30-01 of the
			 Administrative Code, parameter numbers one through seventeen and forty of
			 appendix B
			 to this rule .
(8)
									For IMW specified
			 in paragraph (I)(1)(h) of rule
			 3745-30-01 of the
			 Administrative Code, applicable parameters approved by the director based on
			 process or material knowledge or previously acquired waste
			 characterization.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-06 - Criteria for approval of an industrial landfill or residual landfill facility permit to install application

Current through all regulations
			 passed and filed through July 1, 2024
(A) General criteria. The director shall not
			 approve a
			 permit to install application for an industrial
			 landfill or a residual  landfill
			 facility unless the director determines  the following:
(1) Establishment
			 or modification and operation of the industrial
			 landfill or residual  landfill
			 facility will not violate Chapter 3704., 3734., or 6111. of the Revised
			 Code.
(2) The
			 industrial landfill or residual
			  landfill facility will be
			 capable of being constructed, operated, closed, and maintained during the
			 post-closure care period in accordance with this
			 chapter, and with the terms and conditions of the permit.
(3) The applicant or
			 person listed as
			 owner and operator if the owner and operator are not the applicant, who has
			 been or is currently responsible for the management or operation of one or more
			 solid waste facilities, has managed or operated such facility in substantial
			 compliance with applicable provisions of Chapters 3704.,
			 3714., 3734.,  and 6111. of the Revised Code and any rules, permits or other authorizations
			 issued thereunder, and has maintained substantial compliance with all applicable orders
			 issued by the director, the environmental review appeals commission, or courts
			 having jurisdiction in accordance with Chapter 3746-13 of the Administrative
			 Code, in the course of such previous or current management or operations. The
			 director may take into consideration whether substantial compliance has been
			 maintained with any applicable order from the licensing
			 authority and any other courts having jurisdiction.
(4) The applicant meets
			 the requirements of sections 
										3734.40
									 to
			 3734.44
			 of the Revised Code and rules adopted thereunder.
(5)
									Disposal of
			 secondary aluminum waste will occur only in a monocell or monofill that has
			 been permitted for that purpose.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-07 - Industrial landfill and residual landfill facility construction

Current through all regulations passed and filed through July 1,
			 2024
This rule identifies the engineered
				components of an industrial landfill or residual landfill facility, design
				specifications, and construction and reporting requirements.
(A)
								The owner or
			 operator shall contact the licensing authority and Ohio EPA prior to commencing
			 construction of each phase of the industrial landfill or residual landfill
			 facility for the purpose of inspection.
(B)
								The owner or
			 operator shall submit a certification report, signed and sealed by a
			 professional engineer registered in Ohio, to Ohio EPA and the licensing
			 authority upon completion of any of the construction activities conducted
			 pursuant to paragraph (D) of this rule in each phase of the industrial landfill
			 or residual landfill facility. The certification report shall include the
			 following:
(1)
									A
			 narrative section that identifies the engineered component that was constructed
			 during the construction event and includes the following:
(a)
										A summary of the
			 design and construction specifications given in the approved permit to install
			 and a comparison with the component that was constructed during the
			 construction event.
(b)
										A summary of how construction was impacted by weather
			 and equipment limitations and other difficulties encountered.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-08 - Ground water monitoring program

Current through all regulations
			 passed and filed through July 1, 2024
(A) Applicability. The
owner or operator,
				of a new
				industrial waste landfill or residual
				 waste landfill
				facility, an existing industrial waste landfill or residual
				 waste landfill
				facility
									undergoing a lateral or vertical expansion, and
				of any industrial waste landfill or residual
				waste landfill facility undergoing closure in accordance
				with rule
				3745-30-09
				of the Administrative Code  shall implement and maintain a ground
				water monitoring program capable of determining the impact of the landfill
				facility on the quality of ground water occurring within the uppermost aquifer
				system and all significant zones of saturation above the uppermost aquifer
				system underlying the landfill facility. The ground
				water monitoring program shall comply with paragraphs (B) to (F) of this
				rule and shall be protective of human health and safety and the environment.
				The ground water monitoring program shall be documented as a written ground
				water monitoring program plan as part of a landfill facility's permit to install
				application or closure plan, as applicable. The
				ground water monitoring program plan shall describe the owner or operator's
				program and how the plan complies with this rule. The ground water monitoring
				program shall be implemented upon final approval of the permit
				to install application or closure plan. The owner or operator shall use the
				methods documented in the plan. Changes to an approved plan shall be submitted
				to Ohio EPA sixty days before implementation of those changes.
(B) Monitoring system.
(1) The ground water monitoring system shall
			 include a sufficient number of wells, installed at appropriate locations and
			 depths, to yield ground water samples from both the uppermost aquifer system
			 and any significant zones of saturation that exist above the uppermost aquifer
			 system . The
			 ground water monitoring system shall meet the following:
(a) Represent the quality of the ground water
			 that has not been affected by past or present operations at the landfill
			 facility.
(b) Represent the quality
			 of the ground water passing directly downgradient of the limits of solid waste
			 placement.
(c)
										Include surface water monitoring of seeps, springs, or
			 streams in addition to or as a partial alternative to the ground water
			 monitoring if proposed by the owner or operator or
			  required by the director.
			 Such surface water monitoring shall include provisions
			 for sampling procedures, constituents to be analyzed, and analyzing the
			 resulting data.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-09 - Final closure of an industrial landfill or residual landfill facility

Current through all regulations passed and filed through July 1,
			 2024
(A)
								
								The owner
			 or operator of an industrial landfill or residual
			  landfill facility shall
			 have a "final closure/post-closure plan"
			 that includes the following, with all engineering information signed and sealed
			 by a professional engineer registered in Ohio:
(1) The name and location of the
			 facility.
(2) Any variances or
			 exemptions from the requirements of this rule or rule
			 3745-30-10
			 of the Administrative Code, or any alternative
			 cap material or thickness or cap slope, or any alternative schedule for
			 completing final closure activities.
[Comment: If a variance, exemption, or alternative is
				identified, the request must be submitted  and  prior
				approval must be received; otherwise, the rule
				requirements are applicable and enforceable.]
(3)
									The name,
			 address, and telephone number of the person or office to contact regarding the
			 industrial landfill or residual
			  landfill facility during the final
			 closure and post-closure care periods.
(4) The following information to be presented
			 in the same manner as outlined in rule
			 3745-30-05
			 of the Administrative Code:
(a) Plan drawings
			 of the horizontal limits and top elevations of waste and the cap system, surface water
			 control structures including permanent ditches to control run-on and
			 runoff, and
			 sedimentation ponds including the inlet and outlet.
(b)
										An established grid system with
			 northings and eastings not more than five hundred feet apart.
(c) Detail drawings of the cap system
			 including but not limited to the relationship of the cap system to the
			 leachate collection system and recompacted soil liner, any penetrations,
			 cap drainage structures, and surface water drainage structures.
(d)
			 Detail drawings of sedimentation pond and discharge structures and surface
			 water run-on and runoff control structures.
(e) Static and seismic stability
			 analysis.
(f) The ground water
			 detection monitoring plan.
(g) The
			 financial assurance information contained in
			  rules
			 3745-27-15
			 and
			 3745-27-16
			 of the Administrative Code, as applicable.
(5)
			 Explosive gas monitoring plan, for industrial landfill
			 or residual  landfill facilities
			 that are
			 required to have an explosive gas monitoring system pursuant to
			 paragraph (C) of rule 3745-30-05
			 of the Administrative Code.
(6)
									The installation schedule for any
			 explosive gas control systems, landfill gas vents, or
			 extraction systems.
(7) Description of
			 anticipated measures to control erosion during closure.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-30 - Residual Solid Waste Disposal › Section 3745-30-15 - Variances

Current through all regulations passed and filed through July 1,
			 2024
Any person may request, in writing to
				the director, a variance of any provision of rules
				3745-27-15,
				3745-27-16,
				3745-27-17
				of the Administrative Code or this chapter. A request for a variance shall
				follow the procedures in rule
				3745-27-03
				of the Administrative Code.
Replaces: 3745-30-15
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 3745-31-03 - Exemptions

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)
								A
			 permit-to-install or PTIO as required by rule
			 3745-31-02 of the Administrative
			 Code shall be obtained for the installation or modification, and operation of
			 an air contaminant source unless exempted under paragraph (B) of this rule, or
			 unless the owner or operator elects to install or modify, and operate, under a
			 permit-by-rule in accordance with paragraph (C) of rule
			 3745-31-30 of the Administrative
			 Code.
The exemptions under paragraph (B) of
				this rule relieve permittees from the obligation to apply for and obtain a
				permit-to-install or PTIO. These exemptions do not, however, exempt any air
				contaminant source from requirements of the Clean Air Act, including, but not
				limited to the following:
(1)
									Being considered for purposes of determining whether a
			 facility constitutes a major stationary source or a project constitutes a major
			 modification.
(2)
									Being considered for the purposes of determining
			 whether a facility constitutes a major stationary source under the Title V
			 program (Chapter 3745-77 of the Administrative Code).
(3)
									Compliance with
			 any applicable new source performance standard (NSPS) contained in 40 CFR part
			 60.
(4)
									Compliance with any applicable national emissions
			 standard for hazardous air pollutant (NESHAP) standard as contained in 40 CFR
			 part 61.
(5)
									Compliance with any applicable maximum achievable
			 control technology standard (MACT) as contained in 40 CFR part
			 63.
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 3745-31-04 - Applications

Current through all regulations passed and filed through July 1,
			 2024
(A) Applications
			 for permits-to-install and PTIOs required by rule
			 3745-31-02
			 of the Administrative Code shall contain such information as the director deems
			 necessary to determine whether the criteria of rule
			 3745-31-05
			 of the Administrative Code are met and shall be made on forms prepared by the
			 Ohio environmental protection agency.
(B) Applications for permits-to-install and
			 PTIOs shall be signed by the following:
(1) In the case of a corporation,
			  a principal executive officer of at
			 least the level of vice president, or 
									the duly
			 authorized representative, if such representative is responsible for the
			 overall operation of the facility.
(2) In
			 the case of a partnership,  a general
			 partner.
(3) In
			 the case of sole proprietorship,  the
			 proprietor.
(4) In
			 the case of a municipal, state, federal or other governmental facility,
			  the principal executive officer, the
			 ranking elected official, or other duly authorized employee.
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 3745-31-07 - Termination, revocation, expiration, renewal, revision and transfer

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Termination.
(1)
									Authorization to install or modify an air contaminant source
			 contained in an issued permit-to-install (PTI) or permit-to-install-and-operate
			 (PTIO) shall terminate within eighteen months of the effective date of the
			 issuance of the PTI or PTIO that authorized the installation or modification
			 unless one of the following applies:
(a)
										The owner or operator has undertaken a continuing
			 program of installation or modification during the eighteen-month
			 period.
(b)
										The owner or operator has entered into a binding
			 contractual obligation to undertake and complete within a reasonable period of
			 time a continuing program of installation or modification of the air
			 contaminant source during the eighteen-month period.
(c)
										The director has
			 extended the date by which the air contaminant source that is the subject of
			 the PTI or PTIO shall be installed or modified per the requirements described
			 in paragraph (A)(2) of this rule.
(d)
										The PTI or PTIO
			 is the subject of an appeal by a party other than the owner or operator of the
			 air contaminant source that is the subject of the PTI or PTIO, in which case
			 the date of termination of the permit is not later than eighteen months after
			 the effective date of the permit plus the number of days between the date in
			 which the permit was appealed and the date on which all appeals concerning the
			 permit have been resolved.
(e)
										The PTI or PTIO
			 has been superseded by a subsequent PTI or PTIO, in which case the original PTI
			 or PTIO terminates on the effective date of the superseding PTI or PTIO.
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 3745-31-08 - Registration status permit-to-operate

Current through all
			 regulations passed and filed through July 1, 2024
(A) For purposes of paragraph (B) of this
			 rule:
(1) "Maximum potential yearly
			 emissions" means the total weight of lead, organic compounds, particulates or
			 sulfur dioxide which is, or in the absence of control equipment would be,
			 emitted from an air contaminant source in any one calendar year.
(2) "Registration status" means that the
			 source may be operated without having obtained a permit-to-operate or variance,
			 and exists upon notification as provided by the director.
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 3745-31-09 - Variances on operation

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) A
			 variance may be applied for and obtained from the director that allows
			 operation or other use of an air contaminant source that emits an air pollutant
			 in violation of an applicable law pursuant to the provisions of this rule,
			 except for the following:
(1) No variance
			 shall be granted from Chapter 3745-19 of the Administrative Code governing open
			 burning.
(2) No variance shall be
			 granted to a new source, as defined in rule
			 3745-31-01 of the Administrative
			 Code, from any emissions limitation which was applicable to the source as a new
			 source.
(3) No variance from any
			 rule of the director adopted under Chapter 3704. of the Revised Code may be
			 granted except pursuant to this rule.
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 3745-31-10 - NSR projects at existing emissions units at a major stationary source

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The following provisions apply to NSR projects at existing emissions units at a
			 major stationary source (other than NSR projects at a stationary source with a
			 PAL) in circumstances where there is a reasonable possibility
			 as defined in rule
			 3745-31-01 of the Administrative
			 Code that an NSR project that is not part of a major
			 modification may result in a significant emissions increase and the owner or
			 operator elects to use the method specified in paragraph
			 (P)(28) of rule
			 3745-31-01 of the Administrative
			 Code for calculating projected actual emissions.
(1) Before beginning actual construction of
			 the NSR project, the owner or operator shall document and maintain a record of
			 the following information:
(a) A description
			 of the NSR project.
(b)
			 Identification of the emissions 
										unit whose emissions of a regulated NSR pollutant
			 could be affected by the NSR project.
(c) A description of the applicability test
			 used to determine that the NSR project is not a major modification for any
			 regulated NSR pollutant, including the baseline actual emissions, the projected
			 actual emissions, the amount of "could have accommodated" emissions excluded
			 under paragraph 
										(P)(28)(c) of rule
			 3745-31-01 of the Administrative
			 Code and an explanation for why such amount was excluded, and any netting
			 calculations, if applicable.
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 3745-31-11 - Attainment provisions - ambient air increments, ceilings and classifications

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) Allowable increments.
The director shall require, through the issuance of a
				permit-to-install pursuant to rules adopted under division (F) of section
				3704.03 of the Revised Code, the
				emission limitations and such other measures as may be necessary to assure
				that, in areas designated attainment below as Class I, Class II or Class III,
				increases in ambient air pollutant concentration over the baseline
				concentration shall be limited to the following:
Maximum Allowable Increase
						  (µg/m3)
Air Pollutant
Averaging Period
Class I
Class II
Class III
Particulate matter
PM
						  2.5
annual arithmetic mean
1
4
8
twenty-four-hour maximum
2
9
18
PM10
annual arithmetic mean
4
17
34
twenty-four-hour maximum
8
30
60
Sulfur dioxide
annual arithmetic mean
2
20
40
twenty-four-hour maximum
5
91
182
three-hour maximum
25
512
700
Nitrogen dioxide
annual arithmetic mean
2.5
25
50
For any period other than an annual period, the applicable
				maximum allowable increase may be exceeded during one such period per year at
				any one location.
(C)
			 Ambient air ceilings.
The director, through the issuance of a permit-to-install
				pursuant to rules adopted under division (F) of section
				3704.03 of the Revised Code,
				shall provide that no ambient concentration of an air pollutant shall exceed
				either of the following:
(1) The
			 concentration permitted under the national secondary ambient air quality
			 standard.
(2) The concentration
			 permitted under the national primary ambient air quality standard, whichever
			 concentration is lowest for the air pollutant for a period of
			 exposure.
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 3745-31-12 - Attainment provisions - data submission requirements

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) Data submission authority.
The owner or operator of a proposed major stationary source or
				major modification shall submit all information necessary to perform any
				analysis or make any determination required under this rule.
(C) Minimum data submission requirements.
The information required under paragraph
				(B) of
				this rule shall include the following:
(1) A description of the nature, location,
			 design capacity and typical operating schedule of the major stationary source
			 or major modification, including specifications and drawings showing the
			 emissions units design and plant layout.
(2) A detailed schedule for construction of
			 the major stationary source or major modification.
(3) For each emissions unit a detailed
			 description as to what system of continuous emissions reduction is planned by
			 the major stationary source or major modification, emission estimates,
			 including maximum emissions rates and any other information as necessary to
			 determine that BACT as applicable would be applied.
(4) The air quality impact of the major
			 stationary source or major modification, including meteorological and
			 topographical data necessary to estimate such impact.
(5) The air quality impacts and the nature
			 and extent of any or all general commercial, residential, industrial and other
			 growth that has occurred since the baseline date was set in the area the major
			 stationary source or major modification would affect.
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 3745-31-14 - Attainment provisions - preapplication analysis

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) Criteria air pollutants that
			 require pre-application analysis.
Any application for a major stationary source or major
				modification shall contain an analysis of ambient air quality in the area that
				the major stationary source or major modification would affect for each of the
				following air pollutants:
(1) For a
			 stationary source, each criteria air pollutant that the stationary source would
			 have the potential to emit in a significant amount.
(2) For the major modification, each criteria
			 air pollutant for which the major modification would result in a significant
			 net emissions increase.
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 3745-31-15 - Attainment provisions - control technology review

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) A major stationary source or
			 major modification shall meet each applicable emission limitation under the
			 Ohio state implementation plan and each applicable emission standard and
			 standard of performance under
			 40 CFR parts
			 60,
			 61 and
			 63.
(C) The owner or operator of a new major
			 stationary source shall apply BACT to the major stationary source for each
			 regulated NSR pollutant that the major stationary source would have the
			 potential to emit in significant amounts.
(D) A major modification shall apply BACT for
			 each regulated NSR pollutant that would be a significant net emissions increase
			 at the stationary source. This requirement applies to each proposed emissions
			 unit at which a net emissions increase in the air pollutant would occur as a
			 result of a physical change or change in the method of operation in the
			 emissions unit.
(E) For phased
			 construction NSR projects, the determination of BACT shall be reviewed and
			 modified as appropriate no more than eighteen months prior to commencement of
			 construction of each independent phase of the NSR project. At such time, the
			 owner or operator of the stationary source may be required to demonstrate the
			 adequacy of any previous determination of BACT for the stationary
			 source.
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 3745-31-16 - Attainment provisions - major stationary source impact analysis

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) Impact analysis.
Any owner or operator of a proposed major stationary source or
				major modification shall demonstrate that allowable emissions increases from
				the proposed major stationary source or major modification, in conjunction with
				all other applicable emissions increases or reductions, including secondary
				emissions, would not cause or contribute to air pollution in violation
				of:
(1) Any national ambient air
			 quality standard.
(2) Any
			 applicable maximum allowable increase over the baseline concentration in any
			 attainment area.
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 3745-31-17 - Attainment provisions - additional impact analysis

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) Any owner or operator of a
			 proposed major stationary source or major modification shall provide an
			 analysis of the impairment to visibility, soils and vegetation that would occur
			 as a result of the stationary source or modification and general commercial,
			 residential, industrial and other growth associated with the stationary source
			 or modification. This analysis shall be submitted with the permit-to-install
			 application.
(C) The owner or
			 operator shall provide an analysis of the air quality impact projected for the
			 attainment area as a result of general commercial, residential, industrial and
			 other growth associated with the stationary source or modification.
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 3745-31-18 - Attainment provisions - air quality models

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) All estimates of ambient
			 concentrations required under rule
			 3745-31-10 of the Administrative
			 Code through rule
			 3745-31-27 of the Administrative
			 Code shall be based upon the applicable air quality models, databases and other
			 requirements specified in 40 CFR Part 51, Appendix W, "Guideline on Air Quality
			 Models."
(C) Where an air quality
			 impact model specified in 40
			 CFR Part 51, Appendix W, "Guideline on Air
			 Quality Models," is inappropriate, the model may be changed or another model
			 substituted. Such a change or substitution of a model may be made on a
			 case-by-case basis or, where appropriate, on a generic basis for a specific
			 State program. Written approval of the administrator of the United States
			 environmental protection agency 
								shall be obtained for any change or substitution.
			 In addition, use of a changed or substituted model 
								shall be subject
			 to notice and opportunity for public comment under procedures developed in
			 accordance with Chapter 3745-49 of the Administrative Code.
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 3745-31-20 - Attainment provisions - innovative control technology

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) Authority to request approval.
An owner or operator of a proposed 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 may request
				the director of the Ohio environmental protection agency to approve a system of
				innovative control technology.
(B) Limitations on approval.
The director of the Ohio environmental protection agency, with
				the written consent of the 
									governor of 
									another state whose air quality
				may be affected by emissions from the major stationary source or major
				modification, may determine that the major stationary source or major
				modification may employ a system of innovative control technology if:
(1) The proposed control system would not
			 cause or contribute to an unreasonable risk to public health, welfare or safety
			 in 
									the najor
			 stationary source or major modification's operation or
			 function.
(2) The owner or operator
			 agrees to achieve a level of continuous emission reduction equivalent to BACT
			 by a date specified by the director. Such date shall not be later than four
			 years from the time of start-up or seven years from permit issuance.
(3) The major stationary source or major
			 modification would meet the requirements equivalent to those in rule
			 3745-31-05 of the Administrative
			 Code and paragraph (A) of rule
			 3745-31-07 of the Administrative
			 Code based on the emission rate that the major stationary source employing the
			 system of innovative control technology would be required to meet on the date
			 specified by the director.
(4) The
			 major stationary source or major modification would not, before the date
			 specified by the director, do any of the
			 following:
(a) Cause or contribute to any
			 violation of any applicable national ambient air quality standard.
(b) Impact any Class I area.
(c) Impact any area where an applicable
			 increment is known to be violated.
(5) All other applicable requirements
			 including those for public participation under rule
			 3745-31-06 of the Administrative
			 Code have been met.
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 3745-31-24 - Nonattainment provisions - baseline for determining credit for emission and air quality offsets

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) 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 nonattainment for an air pollutant
				for which the major stationary source or major modification is major.
(B) Baseline for determining
			 credit for emission offsets.
(1) The baseline
			 for determining credit for emission offsets shall be the emission limit under
			 the Ohio state implementation plan in effect at the time the application to
			 construct or modify a source is filed. Thus, credit for emission offset
			 purposes may be allowed for existing control that goes beyond that required by
			 the Ohio state implementation plan. Where the Ohio state implementation plan
			 does not contain an emission limitation for that source or source category, the
			 emission offset baseline involving such sources shall be the actual emissions
			 determined in accordance with the following:
(a) The baseline emissions for existing
			 sources providing the offsets shall be calculated using the actual emissions
			 definition specified in rule
			 3745-31-01 of the Administrative
			 Code. The director shall allow a pounds per hour averaging period for
			 determining emission offsets when a tons per year averaging period results in a
			 significant 
										overestimation or underestimation of emission offset
			 credits.
(b) Where the emission
			 limits under the Ohio state implementation plan allow greater emissions than
			 the potential to emit of the source, emission offset credit will be allowed
			 only for control below this potential.