[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 entitled, "referenced materials."]
(A) Conditions for permit-to-
install
approval.
If the director finds that a major stationary source or major
modification for which a permit-to-install application has been submitted would
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, approval
may be granted only if the following conditions are met:
(1) Lowest achievable emission rate (
LAER).
The major stationary source or major modification is required
to meet an emission limitation that specifies the LAER for such stationary
source.
If the director determines that technological or economic
limitations on the application of measurement methodology to a particular class
of stationary sources would make the imposition of an enforceable numerical
emission standard infeasible, the director may instead prescribe a design,
operational, or equipment standard. Any permits issued without an enforceable
numerical emission standard must
shall contain enforceable conditions which assure
that the design characteristics or equipment will be properly maintained, or
that the operational conditions will be properly performed, so as to
continuously achieve the assumed degree of control.
The LAER is required only for those major nonattainment air
pollutants for which the increased allowable emissions exceed the significant
emission rates, although the director may choose to require LAER for air
pollutants that do not exceed these values.
The new emission limitations for the new stationary source as
well as any existing stationary sources affected must
shall be
federally enforceable.
(2)
Compliance certification.
The applicant shall certify that all existing major stationary
sources owned or operated by the applicant, or any entity controlling,
controlled by, or under common control with the applicant, in Ohio as the
proposed major stationary source or major modification are in compliance with
all applicable emission limitations and standards under the Clean Air Act, or
are in compliance with an expeditious schedule which is federally enforceable
or contained in a court decree.
(3) Emission offsets.
(a) Emission reductions (offsets) from
existing air contaminant sources in the area of the proposed major stationary
source, whether or not under the same ownership, are required such that there
will be reasonable progress, as determined by the director, toward attainment
of the applicable national ambient air quality standard.
(b) Only intra air
pollutant emission offsets
will be acceptable (e.g., hydrocarbon increases may not be offset against
sulfur dioxide reductions) except interprecursor offsetting is permitted for
PM
2.5 emissions in accordance with paragraph (D) of rule
3745-31-26 of the Administrative
Code.
(c) Emission offsets
must
shall
meet the baseline limitations of rule
3745-31-24 of the Administrative
Code, the
location limitations of rule
3745-31-25 of the Administrative
Code, and the offset ratio limitations of rule
3745-31-26 of the Administrative
Code.
(d) Emission offsets are
required only for those air pollutants for which the increased allowable
emissions exceed the significant emission rates.
(e) The total tonnage of increased emissions,
in tons per year, resulting from a
major modification that
must
shall be
offset in accordance with Section 173 of the
Clean Air Act shall be determined
by summing the difference between the
allowable emissions after the
major
modification and the
actual emissions before the
modification for each
emissions unit.
(4) Net
air quality benefit.
The emission offsets must
shall provide a positive net air quality benefit
in the affected area pursuant to rule
3745-31-25 of the Administrative
Code. Atmospheric dispersion modeling is not necessary for VOCs and nitrogen
oxides in ozone nonattainment areas. Instead, complying with the requirements
of paragraphs (A)(1) to (A)(3) of this rule and rule
3745-31-25 of the Administrative
Code will be considered adequate to meet this condition.
(5) Reasonable further progress.
Permits-to-install may be issued if the director determines
that, by the time the source is to commence operation, sufficient offsetting
emissions reductions have been obtained, such that total allowable emissions
from existing sources in the applicable nonattainment areas, from new or
modified sources which are not major emitting facilities, and from the proposed
source will be sufficiently less than total emissions from existing sources
prior to the application for such permit to construct or modify so as to
represent reasonable further progress as defined in Section 171 of the Clean
Air Act.
(B)
Exemptions from certain conditions.
(1) Fuel
switch exemption.
The director may exempt the following major stationary sources
or major modifications from the limitation required under paragraph (D)(1) of
rule 3745-31-23 of the Administrative
Code or the emission offsets required under paragraphs (A)(3) and (A)(4) of
this rule:
Major stationary sources that must
are required to
switch fuels due to lack of adequate fuel supplies or where a major stationary
source is required to be modified as a result of new United States
environmental protection agency regulations and no exemption from such
regulation is available to the major stationary source.
Such exemptions may be granted only if the following
applies:
(a) The applicant
demonstrates that it made its best efforts to obtain sufficient emission
offsets and that such efforts were unsuccessful;
(b) The applicant has secured all available
emission offsets; and
(c) The
applicant will continue to seek the necessary emission offsets and apply them
when
they
emission
offsets become available.
(2) Temporary stationary sources/portable
facilities/
construction emissions:
The director may exempt the following major stationary sources
or major modifications from the emission offsets required under paragraphs
(A)(3) and (A)(4) of this rule:
(a)
Portable facilities that will be relocated outside of the nonattainment area
after a short period of time.
(b)
Emissions generated from the construction phase of a new major stationary
source.
