Current through all regulations passed and filed through September 16, 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 (JJ) of rule
3745-21-01 of the Administrative
Code titled "referenced materials."]
(A)
Applicability.
(1) Applicability for the
Cincinnati area.
(a) Except as otherwise
provided in paragraph (A)(1)(b) of this rule, paragraphs (D) to (I) of this rule shall apply to each
commercial bakery oven facility that meets both of the following criteria:
(i) The facility is located in any of the
following counties: Butler, Clermont, Hamilton, or Warren.
(ii) The facility has a total uncontrolled
potential to emit for volatile organic compound (VOC) emissions equal to or
greater than one hundred tons per year on or after May 27, 2005 as determined
in accordance with paragraph (C) of this rule.
(b) Once a commercial bakery oven facility
meets
paragraph (A)(1)(a) of this rule on or after May 27, 2005,
the
facility is always subject to paragraphs (D) to (I) of this rule, except as otherwise provided in
paragraph (A)(1)(c) of this rule.
(c) In the event a commercial bakery oven
facility meets paragraph (A)(1)(a) of this rule, but reduces
the total
uncontrolled potential to emit for volatile organic compounds to less than one
hundred tons per year by no later than May 27, 2006, the facility is not
subject to paragraphs
(D) to (I) of this rule. If such commercial bakery oven facility subsequently
meets
paragraph (A)(1)(a) of this rule, then the facility
becomes subject to
paragraphs (D) to (I) of this rule.
(2) Applicability for the
Cleveland-Akron-Lorain area.
(a) Except as
otherwise provided in paragraph (A)(2)(b) of this rule,
paragraphs (D) to (I)
of this rule shall apply to each commercial bakery oven facility that meets
both of the following criteria:
(i) The
facility is located in any of the following counties: Ashtabula, Cuyahoga,
Geauga, lake, Lorain, Medina, Portage, or Summit.
(ii) The facility has a total uncontrolled
potential to emit for VOC emissions equal to or greater than one hundred tons
per year on or after August 25, 2008, as determined in
accordance with paragraph (C) of this rule.
(b) Once a commercial bakery oven facility
meets
paragraph (A)(2)(a) of this rule on or after August 25,
2008, the
facility is always subject to paragraphs (D) to (I) of this rule, except as otherwise provided in
paragraph (A)(2)(c) of this rule.
(c) In the event a commercial bakery oven
facility meets paragraph (A)(2)(a) of this rule, but reduces
the total
uncontrolled potential to emit for VOCs to less than one hundred tons per year
by no later than August 25, 2009, the
facility is not subject to paragraphs (D) to (I) of this rule. If such commercial bakery oven
facility subsequently meets paragraph (A)(2)(a) of this rule, then
the
facility becomes subject to paragraphs (D) to (I) of this rule.
(B) Definitions.
The definitions applicable to this rule are contained in
paragraphs (B) and (U) of rule
3745-21-01 of the Administrative
Code.
(C) Determination of
total uncontrolled potential to emit.
(1) The
owner or operator of each commercial bakery oven facility shall calculate the
facility's total uncontrolled potential to emit, UPTE(facility), for VOC
emissions in tons per year, using either the equations in paragraphs (C)(1)(a)
to (C)(1)(c) of this rule and the provisions in paragraphs (C)(2) to (C)(4) of
this rule, or a USEPA administrator-approved alternative method if the use of
that alternative method is approved in writing by the USEPA administrator for
this purpose:
(a) UPTE(facility) equals the
sum of the UPTE(oven) for all bakery ovens at the facility (in tons VOC per
year)
(b) UPTE(oven) is calculated
for each bakery oven as follows:
UPTE(oven) =PA * EF
VOC * (1 ton/2000 pounds)
where:
PA = the bakery oven's maximum annual
production rate for yeast-leavened finished bakery product (in tons of baked
product per year).
EFVOC = VOC emission factor for the
bakery oven's yeast-leavened finished bakery product having the highest
emission potential (in pounds of VOC per ton of baked product) for the bakery
oven.
(c) The value of
EFVOC, expressed in pounds of VOC per ton of baked
product (roundedoff to two decimal places), is determined as follows:
Click to
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where:
Yi = initial baker's per cent of yeast
to the nearest tenth of a per cent.
t i= total yeast action time in hours
to the nearest tenth of an hour.
S = final (spike) baker's per cent of yeast to the nearest
tenth of a per cent.
ti = spiking time in hours to the
nearest tenth of an hour.
(2) The owner or operator shall presume for
purposes of calculating the uncontrolled potential to emit that both of the
following conditions apply:
(a) Each facility
production line and associated bakery oven are operating eight thousand seven
hundred sixty hours per year at maximum capacity.
(b) Each facility production line is
producing the product with the highest level of VOC emissions of those products
that it may produce.
(3)
A VOC emission factor based on emission testing can be used to calculate the
facility's total uncontrolled potential to emit for VOC in tons per year. In
the event emission testing is conducted, the emission testing results would be
used instead of the VOC emission factor equation in paragraph (C)(1)(c) of this
rule. Such emission testing shall be based on the test methods and procedures
specified under paragraph (F) of this rule.
(4) The presumptions of paragraph (C)(2) of
this rule would not apply where restrictions on operating hours
or
annual production rate are specified for the commercial bakery oven facility
within a federally enforceable permit-to-install
and operate
or a Title V permit that is issued pursuant to Chapter 3745-31 or
Chapter 3745-77, respectively, of the Administrative Code as follows:
(a) For bakery ovens that are located within
a county specified in paragraph (A) (1)(a)(i) of this rule and for which
installation commenced before May 27, 2005, such restrictions
shall be
in effect no later than May 27, 2006.
(b) For bakery ovens that are located within
a county specified in paragraph (A) (1)(a) (i) of this rule and for which
installation commenced on or after May 27, 2005, such restrictions
shall be
in effect upon initial startup of the bakery oven.
(c) For bakery ovens that are located within
a county specified in paragraph (A)(2)(a)(i) of this rule and for which
installation commenced before August 25, 2008, such
restrictions shall be in effect no later than
August 25, 2009.
(d) For bakery ovens that are located within
a county specified in paragraph (A)(2)(a)(i) of this rule and for which
installation commenced on or after August 25, 2008, such
restrictions shall be in effect upon initial startup of the bakery
oven.
(D) VOC
emission control requirements.
(1) Except
where exempted under paragraph (D)(2) of this rule, any owner or operator of a
commercial bakery oven facility that is subject to this rule shall install and
operate a VOC emission control system that reduces the VOC emissions from each
bakery oven by at least ninety-five per cent by weight (i.e., an overall
control efficiency of at least ninety-five per cent by weight).
(2) Exempted from paragraph (D)(1) of this rule is
any uncontrolled bakery oven with annual VOC emissions of less than 25.0 tons
and average daily VOC emissions of less than one hundred ninety-two pounds.
Average daily VOC emissions means the VOC emissions from a bakery oven in a
calendar year (annual VOC emissions) divided by the number of days the bakery
oven was employed for production during the calendar year.
(E) Compliance dates.
(1) Except where otherwise specified within
this rule, any owner or operator of a commercial bakery oven facility that is
subject to this rule shall comply with this rule by no later than the following dates:
(a) For any bakery oven which is located
within a county specified in paragraph (A)(1)(a)(i) of this rule and for which
installation commenced before May 27, 2005, the compliance date of the bakery
oven is the initial startup of the bakery oven or May 27, 2006, whichever is
later.
(b) For any bakery oven
which is located within a county specified in paragraph (A)(1)(a)(i) of this
rule and for which installation commenced on or after May 27, 2005, the
compliance date of the bakery oven is the date of initial startup of the bakery
oven.
(c) For any bakery oven which
is located within a county specified in paragraph (A)(2)(a)(i) of this rule and
for which installation commenced before August 25,
2008, the compliance date of the bakery oven is the initial startup of
the bakery oven or August 25, 2009,
whichever is later.
(d) For any
bakery oven which is located within a county specified in paragraph
(A)(2)(a)(i) of this rule and for which installation commenced on or after
August 25, 2008, the compliance date of the bakery
oven is the date of initial startup of the bakery oven.
(2) In the event a commercial bakery oven
facility reduces its total uncontrolled potential to emit pursuant to paragraph
(A)(1)(c) or paragraph (A)(2)(c) of this rule, the date on which the facility
subsequently meets the applicability criteria of paragraph (A)(1)(a) or
paragraph (A)(2)(a) of this rule is the date the facility becomes subject to
this rule.
(3) In the event an
uncontrolled bakery oven is exempted under paragraph (D)(2) of this rule and is
later equipped with a VOC emission control system, the compliance date of the
bakery oven pertaining to paragraph (D)(1) of this rule is the date of first
startup of the installed VOC emission control system for the bakery oven. Until
the date of first startup of the installed VOC emission control system for the
bakery oven, the bakery oven shall continue to comply with
paragraph (D)(2) of
this rule.
(4) The owner or
operator of any commercial bakery oven facility subject to this rule shall
demonstrate compliance with paragraph (D)(1) of this rule by testing the bakery
oven and its VOC emission control system in accordance with paragraph (F) of
this rule within ninety days after the bakery oven's compliance date.
(5) Additional testing of a bakery oven and
its VOC emission control system in accordance with paragraph (F) of this rule
may be required by the director to ensure continued
compliance.
(F)
Compliance testing requirements.
For any bakery oven subject to paragraph (D)(1) of this rule,
the owner or operator shall demonstrate compliance by conducting compliance
testing in accordance with the following :
(1) The general provisions specified under
paragraphs (A)(2) to (A)(5) of rule
3745-21-10 of the Administrative
Code shall apply to the compliance testing.
(2) The test methods and procedures of
paragraph (C) of rule
3745-21-10 of the Administrative
Code shall be followed, except as follows:
(a) The concentration of VOC in a gas stream
or exhaust vent shall be determined by utilizing any of the methods specified
under paragraph (C)(2) of rule
3745-21-10 of the Administrative
Code.
(b) USEPA alternative test
method ALT-020 titled "Negative Pressure Enclosure Qualitative Test Method for
Bakery Ovens" may be used to demonstrate capture efficiency of a bakery oven. A
bakery oven that passes this alternative test method and vents all of its oven
exhaust gas streams, other than the purge stack, to a VOC control device has a
VOC capture efficiency of one hundred per cent by weight.
(c) USEPA conditional test method CTM-042
titled "Use of Flame Ionization Detector-Methane Cutter Analysis Systems for
VOC Compliance Testing of Bakeries" may be used to demonstrate the control
efficiency of a VOC control device (thermal oxidizer or catalytic oxidizer) for
a bakery oven.
(G) Monitoring and inspection requirements
for controlled bakery ovens.
(1) For any
bakery oven subject to paragraph (D)(1) of this rule, the owner or operator
shall install and operate continuous monitoring and recording devices for the
following operational parameters:
(a) The
combustion temperature of any thermal incinerator.
(b)
For catalytic
incinerators,
one of the following:
(i)
The inlet temperature and the temperature rise across
the catalyst bed.
(ii)
The inlet temperature only for an owner or operator
that elects to implement an inspection and maintenance plan for the catalytic
incinerator that meets paragraph (G)(5) of this rule.
(c) Any other parameter that the director may
require the owner or operator to monitor.
(2) While operating the bakery oven, the
owner or operator of the facility shall maintain the parameters listed in
paragraphs (C)(1)(a) to (C)(1)(c) of this rule within the baseline operational
data established during the most recent compliance test that
demonstrated compliance.
(3) The
owner or operator shall inspect the VOC emission control system and monitoring
equipment to assure that the control system is operating properly, and that no
leaks or malfunctions have occurred or are occurring. The inspections shall be
made at the frequency defined by the equipment manufacturer, or as otherwise
appropriate for each unit, component, or operation, but not less than
monthly.
(4) The owner or operator
shall record the results of each inspection in a permanent log to be retained
on-site for a period of not less than five years and shall make the log
available to the director or any authorized representative of the director for
review during normal business hours.
(5)
For an owner or
operator that elects, in accordance with paragraph (G)(1)(b)(ii) of this rule,
to monitor the inlet temperature only of the catalytic incinerator, an
inspection and maintenance plan shall be developed, maintained on-site, and
made readily available upon the request of the appropriate Ohio EPA district
office or local air agency. At a minimum, the plan shall include the
following:
(a)
Annual sampling and analysis of the catalyst activity (i.e., conversion
efficiency) following the manufacturer's or catalyst supplier's recommended
procedures.
(b)
Monthly inspection of the oxidizer system including
the burner assembly and fuel supply lines for problems.
(c)
Annual internal
and monthly external visual inspection of the catalyst bed to check for
channeling, abrasion, and settling. If problems are found, corrective action
consistent with the manufacturer's recommendations shall be implemented and a
new performance test to determine destruction efficiency in accordance with
paragraph (C) of rule
3745-21-10 of the Administrative
Code shall be conducted.
(H) Recordkeeping and associated reporting
.
(1) The owner or operator of each commercial
bakery oven facility subject to this rule shall keep the records required under
paragraphs (H)(2) to (H)(5) of this rule on site for at least five years
following the date of the record and shall make such records available to the
director or any authorized representative of the director for review during
normal business hours.
(2) The owner
or operator shall keep monthly production period records of the following
operational data for each yeast-leavened product for each bakery oven:
(a) The amount of raw product
processed.
(b) The
baker's per cent of yeast used (initial yeast and any spike yeast).
(c) The fermentation time (total time and any
spiking time).
(d) The
type of product baked.
(e) The
amount of product baked.
(f) Any
other information that the director may determine to be necessary for
determining that the facility is operated in continuous compliance with this
rule.
(3) The owner or
operator shall calculate monthly VOC emissions for each bakery oven and shall
record the emission factor used for each product, including a citation of the
source of the emission factor, and the results of the VOC emission
calculations.
(4) For any
uncontrolled bakery oven exempted under paragraph (D)(2) of this rule, the
owner or operator shall record the VOC emissions from that bakery oven for the
recent month and rolling twelve-month period within fifteen days after the end
of each month. The owner or operator shall notify the appropriate Ohio
EPA district office or local air agency of any record
showing the bakery oven exceeded the applicable VOC emissions limit. A copy of
such record shall be sent to the appropriate Ohio EPA district office or local air agency within
forty-five days after the exceedance occurs.
(5) For any bakery oven equipped with a VOC
emission control system and subject to the paragraph (D)(1) of this rule, the
owner or operator shall collect and record the following information each day
of operation of the bakery oven:
(a) A log of
operating time for the capture (collection) system, control device, monitoring
equipment, and the associated bakery oven.
(b) For any thermal incinerator, all
three-hour periods of operation during which the average combustion temperature
was more than fifty degrees Fahrenheit below the average combustion temperature
during the most recent performance test that demonstrated that the bakery oven
was in compliance.
(c) For any
catalytic incinerator, all three-hour periods of operation during which the
average temperature of the process vent stream immediately before the catalyst
bed is more than fifty degrees Fahrenheit below the average temperature of the
process vent stream during the most recent performance test that demonstrated
that the source was in compliance, and one of the
following:
(i)
All three-hour
periods of operation during which the average temperature difference across the
catalyst bed is less than eighty per cent of the average temperature
differences during the most recent performance test that demonstrated that the
source was in compliance.
(ii)
Records, and a
description of the results of each inspection and catalyst activity analysis
resulting from the inspection and maintenance plan for the catalytic
incinerator as specified in paragraph (G)(5) of this
rule.
(d) For any
VOC emission control equipment, any other information that the director may
determine to be necessary for determining that the bakery oven is operating in
continuous compliance with this rule.
(6) The owner or operator shall submit to the
appropriate Ohio EPA district office or local air
agency quarterly summaries of the records required by paragraph (H)(5) of this
rule. These quarterly reports shall be submitted by April thirtieth, July
thirty-first, October thirty-first, and January thirty-first, and shall cover
the records for the previous calendar quarters.
(I)
Applicability
notification, compliance certification, and permit application.
(1) The owner or operator of a commercial
bakery oven facility that is subject to this rule pursuant to paragraph (A)(1)
of this rule and that has a bakery oven with an initial startup date before May
27, 2005 shall notify the appropriate Ohio EPA district office or local air agency in writing
that the bakery oven is subject to this rule. The notification, which shall be
submitted not later than sixty days after May 27, 2005 (or within sixty days
after the bakery oven becomes subject to this rule), shall provide the
following information:
(a) Name and address of
the owner or operator.
(b)
Address (i.e., physical location) of the commercial bakery oven facility.
(c) Equipment description and Ohio EPA
application number (if assigned) of the bakery oven
.
(d) Identification of the VOC emissions
requirement, the means of compliance, and the compliance date for the bakery
oven.
(e)
An application for an operating permit or an application for
a modification to an operating permit in accordance with Chapter 3745-77 of the
Administrative Code (for sources subject to the Title V permit program) or an
application for a permit-to-install and operate or an application for a
modification to a permit-to-install and operate in accordance with Chapter
3745-31 of the Administrative Code (for sources not subject to the Title V
permit program) for each subject process that meets one of the following:
(i)
The process does not
possess an effective operating permit or permit-to-install and
operate.
(ii)
The process possesses an
effective operating permit or permit-to-install and operate and the owner or
operator cannot certify in writing to the director that such subject process is
in compliance with this rule. An application for an operating permit or
permit-to-install and operate is not required provided the subject process is
operating under an effective permit and certifies compliance. Such
certification shall include all compliance certification requirements under
paragraph (I)(5) of this rule.
[Comment: Applications for sources not
subject to Chapter 3745-77, requiring submittal prior to June 30, 2008, were
submitted in accordance with Chapter 3745-35 of the Administrative
Code.]
(2) The owner or operator of a commercial bakery oven facility
that is subject to this rule pursuant to paragraph (A)(1) of this rule and that
has a bakery oven with an initial startup date on or after May 27, 2005 shall
notify the appropriate Ohio EPA district office or local air
agency in writing that the bakery oven is subject to this rule. The
notification, which shall be submitted not later than either the date of
initial startup of the bakery oven or July 26, 2005
(whichever is later), shall provide the information listed under
paragraph (I)(1) of this rule. The application for a permit-to-install under
rule 3745-31-02 of the Administrative
Code may be used to fulfill the notification requirements of this
paragraph.
(3) The owner or
operator of a commercial bakery oven facility that is subject to this rule
pursuant to paragraph (A)(2) of this rule and that has a bakery oven with an
initial startup date before August 25, 2008 shall notify
the appropriate Ohio EPA district office or local air
agency in writing that the bakery oven is subject to this rule. The
notification, which shall be submitted not later than
October 24, 2008 (or within sixty
days after the bakery oven becomes subject to this rule), shall provide the
information listed under paragraph (I)(1) of this rule.
(4) The owner or operator of a commercial
bakery oven facility that is subject to this rule pursuant to paragraph (A)(2)
of this rule and that has a bakery oven with an initial startup date on or
after August 25, 2008 shall notify the appropriate Ohio
EPA district office or local air agency in writing
that the bakery oven is subject to this rule. The notification, which shall be
submitted not later than either the date of initial startup of the bakery oven
or October 24, 2008 (whichever is
later), shall provide the information listed under paragraph (I)(1) of this
rule. The application for a permit-to-install under rule
3745-31-02 of the Administrative
Code may be used to fulfill the notification requirements of this
paragraph.
(5) Compliance
certification.
(a) The owner or operator of a
commercial bakery oven facility that is subject to this rule shall notify the
appropriate Ohio EPA district office or local air
agency in writing within thirty days following the completion of any of the
following :
(i) For an uncontrolled bakery oven subject
to the VOC emission requirement in paragraph (D)(2) of this rule, the first
documented achievement of compliance with the requirements.
(ii) For a bakery oven subject to the VOC
emission control requirement in paragraph (D)(1) of this rule:
(a) The completion of installation and
initial use of a VOC emission control system for the bakery oven.
(b) The completion of installation and
initial use of any monitoring devices required under paragraph (G) of this rule
for the bakery oven.
(c) The
completion of any compliance testing conducted in accordance with paragraph (F)
of this rule to demonstrate compliance with the applicable control
requirement.
(b) The compliance certification under
paragraph (I)(3)(a) of this rule shall provide the following, where applicable:
(i) A description of the requirements.
(ii) A description of the VOC emission
control system.
(iii) A
description of the monitoring devices.
(iv) A
description of the records that document continuing compliance.
(v) The results of any compliance tests,
including documentation of test data.
(vi) The
results of any records that document continuing compliance, including
calculations.
(vii) A
statement by the owner or operator of the commercial bakery oven facility as to
whether the bakery oven has complied with the requirements.
Effective: 10/15/2015
Five Year
Review (FYR) Dates: 07/13/2015 and
07/13/2020
Promulgated
Under: 119.03
Statutory Authority: 3704.03(E)
Rule
Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 5/27/2005,
2/10/2006, 8/25/2008