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 3745-31-33 - Site preparation activities prior to obtaining a final permit-to-install or PTIO

(A) Under paragraph (A)(1) of rule 3745-31-02 of the Administrative Code, new air contaminant sources or modified air contaminant sources shall not be installed or modified until a final permit-to-install or PTIO is obtained from the director. This rule describes activities that can be undertaken prior to obtaining a final permit-to-install or PTIO and, are therefore, excluded from the definition of begin actual construction.

[Comment: Some activities described in this rule may not begin until any applicable national pollutant discharge elimination system (NPDES) permit, isolated wetland permit or 401 water quality certification is obtained. Notwithstanding any other provision of this rule, compliance with this chapter does not relieve any person from the requirements of Chapter 3734. or 3714. of the Revised Code and rules adopted thereunder.]

(B) Risk to the owner or operator.

(C) General restrictions.

All construction activities must comply with any applicable fugitive dust requirements contained in rule 3745-17-08 of the Administrative Code.

(D) Installation of buildings or structures not containing air contaminant sources.

The construction of warehouses, store rooms, office buildings, or other buildings or structures that are not planned to contain any air contaminant source as part of an air contaminant source project may be constructed prior to obtaining a final permit-to-install or PTIO if the buildings or structures would be built (for business financial reasons) even though no final permit-to-install or PTIO could be obtained.

(E) Acceptable site preparation activities for any air contaminant source project.

The following activities do not constitute beginning actual construction and may be undertaken prior to obtaining a final permit-to-install or PTIO for a particular air contaminant source project:

(F) Additional acceptable site preparation activities for any source that is not a major new or modified source (i.e., minor modifications and minor new sources).

The following additional site preparation activities may be undertaken prior to obtaining a final permit-to-install or PTIO provided the air contaminant source project is not a major modification, a major stationary source, or part of a permit-to-install or PTIO designed to avoid a major modification or classification of a major stationary source through permit-to-install or PTIO restrictions (known as a synthetic minor or netting permits avoiding major new source review). These activities may only be undertaken if the owner or operator has filed a complete application for a permit-to-install or PTIO, the director or his/her designee has determined the application is administratively complete, and the owner or operator has provided notification, in a form and manner prescribed by the director, of the activities described in this rule that the owner or operator plans to undertake prior to receiving a final permit-to-install or PTIO.

(G) At the director's discretion and in writing, the director may determine that an activity not listed in paragraphs (E) and (F) of this rule is an activity that can be undertaken prior to obtaining a final permit-to-install or PTIO for an air contaminant source project. Any activity approved by the director shall meet the requirements described in division (F)(5) of section 3704.03 of the Revised Code and shall meet all applicable law. A request for approval of these activities shall be made in writing and shall provide: a detailed description of the desired activities; an analysis of why the activities are allowed under all state and federal air pollution rules, regulations or laws; and a description of the adverse consequences that would occur to the permittee if the activities were not allowed prior to obtaining a final permit-to-install or PTIO.