[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) Applicability.
This rule applies only to major stationary sources or major
modification that will be located in an area designated in
40 CFR
81.336 as attainment or unclassifiable if the
emissions from the major stationary source or major modification would exceed
the following significance levels at any locality that does not meet the
national ambient air quality standard:
|
Averaging Time (Hours)
|
|
Air Pollutant
|
Annual
|
24
|
8
|
3
|
1
|
|
Sulfur dioxide
|
1.0 µg/m3
|
5.0 µg/m3
|
--------
|
25µg/m3
|
--------
|
|
PM10
|
1.0 µg/m3
|
5.0 µg/m3
|
--------
|
--------
|
--------
|
|
PM 2.5
|
0.3 µg/m3
|
1.2 µg/m3
|
--------
|
--------
|
--------
|
|
Nitrogen dioxide
|
1.0 µg/m3
|
--------
|
--------
|
--------
|
10µg/m3
|
|
Carbon monoxide
|
--------
|
--------
|
500µg/m3
|
--------
|
2mg/m3
|
(B)
Requirements and exemptions.
Major stationary sources or major modifications to which this
section applies shall meet the LAER under paragraph (A)(1) of rule
3745-31-22 of the Administrative
Code, the compliance certification under paragraph (A)(2) of rule
3745-31-22 of the Administrative
Code, and the net air quality benefit under paragraph (A)(4) of rule
3745-31-22 of the Administrative
Code. However, such major stationary sources or major modifications are exempt
from the offset requirements under paragraph (A)(3) of rule
3745-31-22 of the Administrative
Code.
(C) Review of
specified major stationary sources for air quality impact.
(1) For sulfur dioxide, particulate matter,
PM10, PM 2.5 and carbon monoxide, the determination of whether a major
stationary source or major modification will cause or contribute to a violation
of a national ambient air quality standard is be made on a case-by-case basis
using the major stationary source's allowable emissions in an atmospheric
dispersion model.
(2) For major
stationary sources of nitrogen oxides, the initial determination of whether a
major stationary source would cause or contribute to a violation of the
national ambient air quality standard for nitrogen dioxide will be made using
an atmospheric model assuming all the nitric oxide emitted is oxidized to
nitrogen dioxide by the time the plume reaches ground level. The initial
concentration estimates may be adjusted if adequate data are available to
account for the expected oxidation rate.
(3) For ozone, major stationary sources of
VOCs, locating outside a designated ozone nonattainment area, will be presumed
to have no significant impact on the designated nonattainment area. If ambient
monitoring indicates that the area of major stationary source location is in
fact nonattainment, then the major stationary source may be permitted under the
provisions of the Ohio state implementation plan adopted pursuant to Section
110(A)(2)(d) of the Clean Air Act until the area is designated nonattainment
and the Ohio state implementation plan revision is approved. If no Ohio state
implementation plan pursuant to Section 110(A)(2)(d) of the Clean Air Act has
been adopted and approved, then this rule shall apply.
(4) The determination as to whether a major
stationary source would cause or contribute to a violation of a national
ambient air quality standard should be made as of the new stationary source's
start-up date. Therefore, if a designated nonattaiment area is projected to be
an attainment area as part of an approved Ohio state implementation plan
control strategy by the new stationary source start-up date, offsets will not
be required if the new stationary source would not cause a new
violation.
(D) Major
stationary sources located in clean air areas.
If the director finds that the emissions from a proposed major
stationary source would cause a new violation of a national ambient air quality
standards, but would not contribute to an existing violation, approval may be
granted only if both of the following conditions are met:
(1)
(a) The
major stationary source is required to meet a more stringent emission
limitation
and/or
or the control of existing stationary sources below
allowable levels is required so that the major stationary source will not cause
a violation of any national ambient air quality standard.
(b) If the director determines that
technological or economic limitations on the application of measurement
methodology to a particular class of major 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. Such conditions shall be enforceable as emission limitations by
private parties under Section 304 of the Clean Air Act. Thereafter, the term
emission limitation shall also include such design, operational, or equipment
standards.
(2) The new
emission limitations for the major stationary source as well as any existing
stationary sources affected
must
shall be federally enforceable.
Notes
Ohio Admin. Code 3745-31-23
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)
Rule Amplifies:
3704.03(A),
3704.03(F)
Prior Effective Dates: 04/12/1996, 12/01/2006,
05/29/2014
