[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 (LLLLLL)
(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 On June 30, 2008, Chapter 3745-35 was rescinded and all operating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rescinded Chapter 3745-35 of the Administrative Code.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established in the now rescinded rule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 and
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.
(2) An owner or operator who currently holds
a permit-to-install or permit-to-operate for an air contaminant source which
permit was issued prior to the effective date of this rule, may be issued a
PTIO for the same air contaminant source. The director may require the owner or
operator of the air contaminant source submit an updated application for the
PTIO. Upon final issuance of the PTIO, any permit-to-install or
permit-to-operate for the air contaminant source will be superseded by the
issuance of the PTIO. The superseded permits will terminate and cease to be
enforceable.
(3) No installation
permit shall be required for activities that are subject to and in compliance
with a plant-wide applicability limit issued by the director in accordance with
rule
3745-31-32 of the Administrative
Code.
(B) Changes in
applicability: Title V versus non-Title V.
This paragraph is applicable to an owner or operator where a
change in the air contaminant source, stationary source, or applicable law
results in a change in the requirements applicable to the source under this
chapter or Chapter 3745-77 of the Administrative Code. A change may include,
but is not limited to, a modification or major modification as defined in this
chapter, a relaxation of a federally enforceable limitation on the potential to
emit applicable under paragraph (D) of rule
3745-31-05 of the Administrative
Code, or the imposition of a federally enforceable limitation, or limitation
legally and practicably enforceable by the state, on the potential to emit that
restricts a stationary source's potential to emit below major source thresholds
applicable under paragraph (D) of rule
3745-31-05 of the Administrative
Code.
(1) The following is applicable
to an owner or operator who holds a permit-to-install, permit-to-operate or
PTIO where a change subjects the owner or operator to the requirements of
Chapter 3745-77 of the Administrative Code:
(a) The owner or operator shall submit a
Title V permit application and obtain a Title V permit from the director, as
required under Chapter 3745-77 of the Administrative Code.
(b) If the change is defined as a new source,
modification or major modification under this chapter, the owner or operator
shall submit the required application and obtain a permit-to-install, as
required under this chapter, from the director.
(c) Upon final issuance of the permit
required under paragraph (B)(1)(a) of this rule, and, if applicable, under
paragraph (B)(1)(b) of this rule, any permit-to-operate, or any terms and
conditions specifically identified in the standard terms and conditions of a
PTIO as no longer enforceable under conditions described in paragraph (B)(1) of
this rule, will be superseded by the issuance of the Title V permit required
under paragraph (B)(1)(a) of this rule, and, if applicable, the
permit-to-install required under paragraph (B)(1)(b) of this rule. All
superseded permits-to-operate and specifically superseded terms and conditions
of a PTIO, will terminate and cease to be enforceable. As applicable, terms and
conditions of any PTIO not superseded will function as the
permit-to-install.
(2)
The following is applicable to an owner or operator who currently holds a Title
V permit where a change eliminates the applicability of Chapter 3745-77 of the
Administrative Code but the change does not exempt the owner or operator from
requirements to obtain a PTIO:
(a) The owner
or operator may submit the required application and obtain a PTIO or Federally
Enforceable PTIO (FEPTIO) from the director, as required under this chapter.
[Comment: An owner or operator with authority to operate under
a Title V permit which subsequently makes a change at the facility that
eliminates the applicability of Chapter 3745-77 of the Administrative Code is
not obligated to obtain a PTIO or FEPTIO if the owner or operator elects to
continue to be permitted under the Title V permit.]
(b) Final issuance of any permit under
paragraph (B)(2)(a) of this rule does not release the owner or operator from
the requirements contained in Chapter 3745-77 of the Administrative Code or the
owner or operator's active Title
V permit, except as expressly released in rule, by order of the
director, or a in a federally enforceable permit.
(C) Permanent shutdown of an air
contaminant source subject to the terms and conditions of a permit-to-install
or PTIO.
When expressly provided in the terms and conditions of a
permit-to-install or PTIO, the owner or operator of an air contaminant source
that is permanently shutdown may be relieved from certain requirements in the
terms and conditions of the permit-to-install or PTIO, without obtaining a
modification or administrative modification, upon meeting the requirements
specified in the permit for permanently shutting down air contaminant sources.
Those terms and conditions for which the owner or operator is relieved will
cease to be enforceable upon meeting the requirements for permanently shutting
down air contaminant sources contained in the terms and conditions of the
permit.
(D) The director, in
the director's discretion, may issue an order requiring any person planning to
install or modify, or in the process of installing or modifying, any air
contaminant source as defined in rule
3745-31-01 of the Administrative
Code, that is otherwise exempted, to obtain a permit-to-install or PTIO, before
proceeding with installation or modification, if in the director's judgment,
operation of the air contaminant source after installation or modification
might result in a violation of the criteria established in paragraph (A) of
rule
3745-31-05 of the Administrative
Code.
(E) The director, in the
director's discretion or where required to do so by federal laws or
regulations, may issue a single permit-to-install or PTIO having application to
all pollutants of any kind emanating from any air contaminant source, or issue
a single permit-to-install or PTIO having applicability to more than one air
contaminant source, controlled by a common owner or operator, located in the
same county.
(F) The approval to
construct or operate under this chapter shall not relieve any owner or operator
of a stationary source of the responsibility to comply fully with applicable
provisions of this chapter and any other requirements under local, state or
federal law.
(G) If any provision
of this chapter or the application of such provision to any person or
circumstance, is held invalid, the remainder of this chapter, or the
application of such provision to persons or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
Notes
Ohio Admin. Code 3745-31-02
Effective:
3/11/2023
Five Year Review (FYR) Dates:
11/30/2022 and
11/30/2027
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F),
3704.03(G)
Rule Amplifies:
3704.03(G),
3704.03(F),
3704.03(A)
Prior Effective Dates: 07/05/1973, 01/01/1974, 11/07/1979,
06/14/1982, 08/15/1982, 09/18/1987, 04/20/1994, 11/18/1994, 04/12/1996,
04/27/1998, 06/18/2001, 11/30/2001, 10/17/2003, 10/28/2004, 11/03/2006,
12/01/2006, 06/30/2008, 05/29/2014
