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
(AA) of rule
3745-77-01 of the Administrative
Code titled "referenced materials."]
(A) Standard application form. The owner or
operator of a source that is subject to the Title V permit program as provided
in rule 3745-77-02 of the Administrative
Code shall submit Title V permit applications in the manner and form prescribed
by the director for that purpose. The applicant shall submit the information
required by this rule for each emissions unit at the source to be permitted,
except for insignificant activities and emissions levels as specified in
paragraph (G) of rule
3745-77-02 of the Administrative
Code. The applicant shall identify any such insignificant activities and
emissions levels that are exempted because of size or production rate. An
applicant may not omit information for an emissions unit, including information
for insignificant activities or emission levels, that is necessary to determine
the applicability of any applicable requirement, to impose any applicable
requirement, or to evaluate the fee amount required under section
3745.11 of the Revised
Code.
(B) Option for single or
multiple permits. A Title V permit applicant may request a single permit for a
stationary source with multiple Title V emissions units, or a separate permit
for any one or more emissions units at the same facility required to have a
Title V permit. The director shall honor all such requests based on proper
definitions of emissions units.
(C)
Required information. The standard application form shall require, and the
applicant shall provide, all of the following information:
(1) Identifying information, including
company name and address (or plant name and address if different from the
company name or address), owner's name and statutory agent, telephone number
and names of plant site manager or other onsite contact, and application or
premise number from any previous permits under Chapter 3745-31
of the Administrative Code.
(2) A
description of the source's processes and products (by standard industrial
classification code or North American industry classification system) including
any associated with each alternate operating scenario identified by the
source.
(3) All of the following
emission-related information:
(a) All
emissions of each regulated air pollutant for which the source is major, and an
estimate of all emissions of each other regulated air pollutant for which the
source is regulated. The application shall describe all emissions of regulated
air pollutants emitted from any emissions unit, except where such units are
exempted as de minimis in rule
3745-15-05 of the Administrative
Code, or exempted in paragraphs (B)(1) to (B)(3) of rule
3745-31-03 of the Administrative
Code. The applicant shall provide additional information related to such
emissions of air pollutants sufficient to verify which requirements are
applicable to the source, and other information that may be necessary to
determine the amount of any permit fees owed under the fee schedule approved
pursuant to Chapter
3745-78 of the Administrative
Code. All emission estimates shall be performed in accordance with reasonable,
appropriate and available engineering techniques.
(b) Identification and description of all
points of emissions described in paragraph (C)(3)(a) of this rule, in
sufficient detail to establish both the basis for fees and the applicability of
any applicable requirement.
(c)
Emissions rates in TPY, and in such terms as are necessary to establish
compliance consistent with the applicable standard reference test method, if
any.
(d) Information regarding
fuels, fuel use, raw materials, production rates, and operating schedules, to
the extent such information is needed to determine or regulate
emissions.
(e) Identification and
description of air pollution control equipment and compliance monitoring
devices or activities.
(f)
Limitations on source operations affecting emissions or any work practice
standards, where applicable, for all regulated air pollutants at the Title V
source.
(g) Other information
required by any applicable requirement (including information related to stack
height limitations developed pursuant to Section 123 of the act).
(h) Calculations on which the information in
paragraphs (C)(3)(a) to (C)(3)(g) of this rule is based.
(i) Related information necessary to
establish voluntary restrictions in the permit to avoid federally applicable
requirements pursuant to paragraph (B) of rule
3745-77-07 of the Administrative
Code.
(4) Both of the
following air pollution control requirements:
(a) Citation and description of all
applicable requirements.
(b)
Description of or reference to any applicable test method for determining
compliance with each applicable requirement.
(5) Other specific information as necessary
to implement and enforce other applicable requirements of the act or of this
chapter, including the following:
(a)
Information on emissions and controls relevant to establishing a case-by-case
emission limitation or standard under Section 112 of the act, or to determine
the applicability of such requirements.
(b) A proposed compliance date for any
standard under Section 112(d), 112(h), or 112(j) of the act that was
promulgated after the applicant has received a final maximum achievable control
technology (MACT) determination according to rule
3745-31-28 of the Administrative
Code, and that does not specify a compliance date for sources that have
received a final case-by-case MACT determination. The proposed compliance date
shall be approved by the director, and in no case shall the compliance date be
more than eight years from the date of promulgation of the standard.
(6) Any requests for alternative
or multiple operating scenarios or anticipated changes in emissions during the
term of the permit, together with the information under paragraphs (C)(3)(a) to
(C)(3)(h) of this rule for each such scenario or change.
(7) An explanation of any proposed exemptions
from otherwise applicable requirements.
(8) Any request for alternative emission
limits, together with information necessary for the director to define
alternative limits requested by the permit applicant under division (E) of
section 3704.03 and division (K) of
section 3704.036 of the Revised
Code.
(9) Compliance plan.
Description of the compliance status of the Title V source with respect to all
applicable requirements, which shall include all of the following:
(a) For all applicable requirements with
which the source is in compliance, a statement that the source will continue to
comply with such requirements.
(b)
For all applicable requirements that will become effective during the permit
term, a statement that the source will meet such requirements on a timely
basis. A statement that the source will meet in a timely manner such
requirements that become effective during the permit term shall satisfy this
provision, unless a more detailed plan or schedule is required by the
requirement.
(c) For applicable
requirements for which the source is not in compliance at the time of permit
issuance, a narrative description of how the source will achieve compliance
with such requirements and a schedule of compliance. The compliance schedule
shall include a schedule of remedial measures, including an enforceable
sequence of actions with milestones, leading to compliance with any applicable
requirements for which the source will be in noncompliance at the time of
permit issuance. This compliance schedule shall resemble and be at least as
stringent as that contained in any judicial consent decree or administrative
order to which the source is subject. Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance with the applicable
requirements on which the compliance schedule is based.
(d) A schedule for submission of certified
progress reports no less frequently than every six months for sources required
to have a schedule of compliance to remedy a violation.
(e) The compliance plan content requirements
specified in paragraphs (C)(9)(a) to (C)(9)(d) of this rule shall apply and be
included in the acid rain portion of a compliance plan for an affected source,
except as specifically superseded in regulations promulgated under Title IV of
the act with regard to the schedule and method the
source will use to achieve compliance with the acid rain emissions
limitations.
(f) If the owner or
operator of the source is required to develop and register a risk management
plan pursuant to Section 112(r) of the act, the applicant shall specify the
compliance status of the requirement to register such a plan.
(10) Compliance certification
shall include all of the following:
(a) A
certification of compliance status with all applicable requirements by a
responsible official consistent with paragraph (D) of this rule and Section 114
(a)(3) of the act.
(b) A statement
of the methods used for determining compliance, including a description of
monitoring, recordkeeping, and reporting requirements and test
methods.
(c) A schedule for
submission of compliance certifications during the Title V permit term, to be
submitted annually or more frequently if specified by the applicable
requirement.
(d) A statement
indicating the source's compliance status with any applicable enhanced
monitoring and compliance certification requirements of the act.
(e) If the owner or operator of the source is
required to develop and register a risk management plan pursuant to Section
112(r) of the act, the applicant shall certify compliance with the requirement
to register such a plan.
(11) The information specified in nationally
standardized forms for the acid rain portions of applications and compliance
plans, as required by regulations promulgated under Title IV of the
act.
(D) Certification of
truth, accuracy, and completeness.
Any application form, report, or compliance certification
submitted pursuant to this chapter shall contain certification by a responsible
official of truth, accuracy, and completeness. This certification and any other
certification requirement under this chapter shall state that, based on
information and belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and complete.
(E) Confidential information.
The application shall clearly identify any information the
applicant claims is confidential as business information under 40 CFR Part 2 or
a trade secret as defined in section
1333.61 of the Revised Code, and
shall include a brief statement of the basis for any such claim. Information
claimed to be confidential shall not thereafter be released except as provided
by either condition listed as follows:
(1) If the administrator requests information
subject to a claim of confidentiality, the director shall promptly require in
writing that the applicant submit the information and claim of confidentiality
directly to the administrator. If the applicant fails to submit such
information and claim of confidentiality to the administrator within thirty
days after receipt of the director's request to do so, the director shall
submit such information and claim of confidentiality directly to the
administrator.
(2) If a third party
request information subject to a claim of confidentiality, such information
shall be released only after the director finds the claim of confidentiality is
not justified, notifies the applicant of the finding, and any appellate review
is either not pursued or exhausted.
(F) Duty to supplement application.
Any applicant who fails to submit any relevant facts or who has
submitted incorrect information in a permit application shall, upon becoming
aware of such failure or incorrect submittal, promptly submit such
supplementary facts or corrected information. In addition, an applicant shall
provide additional information as necessary to address any requirements that
become applicable to the source after the date the applicant filed
a complete application but prior to release of a draft permit.
