U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 284
Air Pollution Regulations in State
Implementation Plans: Ohio
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290284
.United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-085
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Ohio
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-085
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: Ohio
7. AUTHOH(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
3. RECIPIENT'S ACCESSION-NO.
5. REPORT DATE'
August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thi
Unclassified
22.
A
& L
EPA Form 2220-1 (9-73)
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EPA-450/3-78-085
Air Pollution Regulations
in State Implementation Plans:
Ohio
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
\
lev
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-085
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or locjal air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable.. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
MI
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from" this document does not diminish the
enforceability of. the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
EPA-APPROVED REGULATION CHANGES
OHIO
Submlttal Date Approval Date
7/7/72 7/27/72
8/4/72
10/12/72
7/16/75
5/14/73
5/14/73
9/23/76
Description
AP-3-11, 12, 13, 14
AP-9-04
Note: S09 Regulations disapproved
4/15/74 *
AP-2-01, 02, 04, 05
AP-3-01, 08, 09, 13
AP-9-01, 02, 03
AP-13-01, 02
AP-3-04, AP-5-04, AP-7-03, EP32-03
Note: AP-5-04, AP-7-03, EP-32-03
are disapproved. EP-32-03 is
approved for particulate matter
Section No.
52.1878
52.1879
52.1881
52.1882
52.1884
FEDERAL REGULATIONS
Description
Inspection and Maintenance Program
Review of New or Modified Indirect Sources
Review of New Sources and Modifications
Control Strategy: Sulfur Oxides (sulfur dioxide)
Compliance Schedules
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT ERA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS,,AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUft COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
i
vii
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TABLE OF CONTENTS
1
Revised Standard
Subject Index
(1.0)
(2.0)
(13.0),
(9.0)
(6.0)
(7.0)03.0)
(50.7)
(2.0)
(2.0)
(1.0)
(2.0)
(50.1.2)
(51.13)
(50.1)
STATE
.1
Section
Number
AP-2-01
AP-2-02
AP-2-03
AP-2-04
AP-2-05
AP-2-06
AP-2-07
AP-2-08
AP-2-09
AP-3-01
AP-3-06
AP-3-07
AP-3-08
AP-3-09
REGULATIONS
Def i ni ti (
Purpose
Submissii
Informal
Measurem<
Air Conti
Control 1
Schedule
Malfunct
C /^h orll ll rt
OLllcUU 1 C
Reportin
Air Poll
Prohibit
Circumve
Severabi
Definiti
Classifi
Control
taminant
Sources
Open Bur
Restrict
Title Page
1
2
of Emission
3
of Emissions of
nants 3
n Compliance
4
5
on 6
•y &
7
;ion of Regions 9
Visible Air Con-
:rom Stationary
9
ig Prohibited 10
i of Emission of
Fugitive Dust and Gases 13
i
(51.9) AP-3-10 Restriction on Emissions
From Incinerators 14
(51.5) AP-3-11 Restriction on Emission of
Particulate Matter From Fuel 15
Burning Equipment
VIII
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Revised Standard
Subject Index
(50.1.1)
(1.0)
(2.0)
(50.4)
(50.5)
(4.0)
(9.0)
(6.0)
(2.0)
(2.0)
(50.3)
(1.0)
(3.0)
(3.0)
(5.0)
(2.0)
(2.0) (
(15.0)
(14.0)
Section
Number
AP-3-12
AP-5-01
AP-5-06
AP-5-07
AP-5-08
AP-7-01
AP-7-02
AP-7-03
AP-7-04
AP-7-05
AP-7-06
AP-9-01
AP-9-02
AP-9-03
AP-9-04
AP-9-05
AP-9-06
AP-9-07
AP-9-08
Title Page
Restriction of Emission of
Particul ate. Matter From
Industrial Processes 16
Definitions 23
Classification of Regions 24
Control of Emissions of
Organic Materials From
Stationary Sources 24
Control of Carbon Monoxide
Emissions From Stationary
Sources 31
Ambient Air Quality Standards 33
Methods of Measurement 33
Compliance Time Schedule 33
Non-Degradation Policy 33
Classification of Regions 33
Control of Nitrogen Oxides
Emissions From Stationary
Sources 34
Definitions . 35
Permits to Construct New
Source; Permits to Modify 35
Permits to Operate 38
Variance 41
General Policy 45
Exemptions 45
Civil and Criminal Penalties 47
Public Availability of
Information 47
IX
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Revised Standard
Subject Index
(2.0) ,
(8.0)
(8.0)
(8.0)
(8.0)
(1.0)
(2.0)
Revised Standard
Subject Index
(9.0)
(10.0) .
(10.0)
1
(50.2)
(6.0)
(17.0)
Section
Number
AP-9-09
AP-11-01
AP-11-02
AP-11-03
AP-11-04
AP- 13-01
AP- 13-02
FEDERALLY
Section
Number
52.1878
52.1879
52.1879
52.1881
52.1882
52.1884
Title
Severability
Air Pollution Emergency
Episode Criteria
Emission Control Action
Programs
Emergency Orders
Definitions
Fee Schedule
PROMULGATED REGULATIONS
Title
Inspection and Maintenance
Program
Review of New or Modified
Indirect Sources
Review of New Sources and
Modifications
Control Strategy: Sulfur
Oxides (Sulfur Dioxide)
Compliance Schedules
Prevention of Significant
Page
47
49
49
51
52
57
58
Deterioration
Page
67
70
80
81
134
139
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(1.0) AP-2-01. Definitions.
As used in all air pollution regulations, except as may be otherwise
specifically provided:
(A) "Act" means Chapter 3704 of the Ohio Revised Code.
(B) "Air pollutant" means particulate matter, dust, fumes, gas, mist,
smoke, vapor or odorous substances, or any combination thereof.
(C) "Air pollution" means the presence in the ambient air of one or
more air pollutants or any combination thereof in sufficient
quantity and of such characteristics and duration as is or
threatens to be injurious to human health or welfare, plant or
animal life, or property, or which interferes with the comfortable
enjoyment of life or property.
(D) "Ambient air" means that portion of the atmosphere outside of
buildings and other enclosures, stacks, or ducts which surrounds
human, plant, or animal life, or property.
(E) "Ambient air quality standards" means ambient air quality goals
expressed numerically and intended to be attained and maintained
in a stated time through the application of appropriate preventive
or control measures.
• (F) "ASME"-means the American Society of Mechanical Engineers, 345 East
47th Street, New York, New York.
(G) ."ASTM" means the American Society for Testing and Materials,
1916 Race Street, Philadelphia, Pennsylvania.
(H) "Area" means the State of Ohio.
(I) "Board" means Ohio Air Pollution Control Board.
(J) "Control equipment" means any device or contrivance which prevents
or reduces emissions.
(K) "Emission" means the act of releasing or discharging any air
pollutant into the ambient air from any source.
(L) "Existing source" means any building, structure, facility, opera-
tion, installation or other physical facility which emits or
may emit any air pollutant and the construction of which was
commenced prior to the effective date of this regulation.
(M) "New source" means any stationary source of pollution, the con-
struction or modification of which is commenced after the effective
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date of this regulation.
(N) "Modification" means any physical change in, or change in the
method of operation of, a stationary source of pollution which
increases the amount of any air pollutant emitted by such source
or which results in the emission of any air pollutant not pre-
viously emitted from the same location.
(0) "Person" means the state or any agency thereof, any political
subdivision, or any agency thereof, public or private corporation,
individual, partnership, or other entity.
(P) "Region" means an air quality control region as designated by the
Secretary of Health, Education and Welfare, or by the Administrator,
Environmental Protection Agency, or by the Board.
(Q)' "Source" means any operation, or real or personal property, or
person which emits or may emit any air pollutant.
(R) "Source operation" means the last operation preceding emission
which operation (a) results in the separation of the air contam-
inant from the process materials or in the conversion of the
process materials into air contaminants, as in the case of com-
bustion fuel; and (b) is not an air pollution abatement operation.
(S) "Stack" means any chimney, flue, conduit, or duct arranged to
conduct emissions to the ambient air.
(T) "Standard conditions" means a dry gas temperature of seventy (70)
degrees Fahrenheit and a gas pressure of 14.7 pounds per square
inch absolute.
Fbrmer regulation AP-2-01 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.
(2.0) AP-2-02. Purpose.
It is the purpose of all air pollution regulations to set forth such
requirements as shall be necessary to secure and maintain those levels
of air quality which are consistent with the protection of health and
the prevention of injury to plant, animal life, and property in the
State of Ohio, and to provide for the comfortable enjoyment of the
natural attractions of the State to the greatest extent practical.
All regulations of the Board shall be construed in such manner as to
.effectuate this purpose.
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Former regulation AP-2-02 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
(13.0) AP-2-03. Submission of emission information.
The Board may require the keeping and periodic submission of records
and reports, including but not limited to, information on air contami-
nants, emissions or fuel from any or all potential sources for purposes
of maintaining an air pollution emission inventory or any other reasonable
purpose as determined by the Board. Such information shall be recorded,
compiled, and submitted on forms furnished by the Board.
(9.0) AP-2-04. Measurement of emissions of air contaminants.
(A) The Board may require any persons responsible for emission of air
contaminants to make or have made tests to determine the emission
of air contaminants from any source whenever the Board has reason
to believe that an emission in excess of that allowed by these
regulations is occurring or has occurred from time to time. All
tests shall be conducted by qualified persons and the results
calculated in accordance with test procedures approved by the
Board. The owner or his authorized agent shall notify the Board
in writing of the time, place, and person who will conduct the
tests and the Board or its representative shall be permitted to
witness the tests. The Board shall be furnished with a written
report1 of test results no later than thirty (30) days after
completion of the tests and such report shall be signed by the
person or persons responsible for the tests.
(B) The Board may conduct tests of emissions of air contaminants from
any source. Upon request of the Board the person responsible for
the source to be tested shall provide necessary holes in stacks
or ducts and such other safe and proper sampling and testing
facilities, exclusive of instruments and sensing devices as may be
necessary for proper determination of the emission of air con-
• taminants1.
(C) The Board may install, or require the owner or operator of any
source ofi air contamination, at his expense, to install, use,
and maintain monitoring equipment, and to sample his emissions in
; accordance with methods approved by the Board.
Former regulation AP-2-04 adopted January 28, 1972, and effective [
February 15, 1972, is repealed. '
(Adopted July 2*4, 1972; effective August 7, 1972.)
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(6.0) AP-2-05. Contrpl plan compliance schedule.
Except as otherwise specified, compliance with the provisions of all
regulations of the Board shall be according to the following time
schedule:
(A) New source.
All new sources shall comply as of initial operation.
•
(B) Existing sources.
All owners or operators of existing sources of air contamination
shall demonstrate to the satisfaction of the Board that such
sources are in compliance with all regulations of the Board. All
existing sources not in compliance as of the effective date of
this regulation shall, by the time required in AP-9-04 for sub-
mission of a variance application, cease any operation which
results in a violation of any regulations of the Board, or else
prepare and submit to the Board, as required by AP-9-04, a control
plan, including necessary emission data, and schedule for
achieving compliance, such plan and schedule to contain a date on
or before which full compliance will be attained, and such other
information as the Board may require. Such plan may be approved
modified, or rejected by the Board. If approved by the Board,
such date will be the date on which the person shall comply. The
Board may require persons submitting such a plan to submit
subsequent periodic reports on progress in achieving compliance.
If a compliance schedule is rejected, the operation for which a
variance is sought shall cease.
Former regulation AP-2-05 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
(7.0) AP-2-06. Malfunction of equipment; scheduled maintenance; reporting.
(13.0)
(A) In the case of shutdown of air pollution control equipment for
necessary scheduled maintenance unaccompanied by shutdown of the
pollution source, the intent to shut down such equipment shall be
reported to the Board at least twenty-four (24) hours prior to
the planned shutdown. Such prior notice shall include, but is not
limited to the following:
(1) Identification and location of the specific facility to be
taken out of service.
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(2) The expected length of time that the air pollution control
equipment will be out of service.
(3) The nature and quantity of emissions of air contaminants
likely to occur during the shutdown period.
(4) Measures such as the use of off-shift labor and equipment
that will be taken to minimize the length of the shutdown
period.
(5) The reasons that it would be impossible or impractical to
shut down the source operation during the maintenance period.
(6) A demonstration that any interim control measures have
reduced or will reduce emissions from the source during the
shut down period.
(B) In the event that any emission source, air pollution control
equipment, or related facility breaks down in such a manner as to
cause the emission of air contaminants in violation of this
article, the person responsible for such equipment shall immediately
notify the Board of such failure or breakdown and provide a state-
ment giving all pertinent facts, including the estimated duration
of the breakdown. The Board shall be notified when the condition
causing the failure or breakdown has been corrected and the
equipment is again in operation.
(C) The Board retains the responsibility to evaluate any report sub-
mitted pursuant to this section. Upon a determination that the
shutdown was or has become avoidable, or was induced or prolonged
in bad faith, or that the requirements of AP-2-06(A) (4), (5),
and (6) have not been fulfilled, then the Board shall take
appropriate action.
(50.7) AP-2-07. Air Pollution nuisances prohibited.
The emission or escape into the open air from any source or sources
whatsoever, of smoke, ashes, dust, dirt, grime, acids, fumes, gases,
vapors, odors or any other substances or combinations of substances,
in such manner or in such amounts as to endanger or tend to endanger
the health, comfort, safety or welfare of the public, or is unreasonably
offensive and objectionable to the public, or shall cause unreasonable
injury or damage to property or interfere with the comfortable enjoy-
ment of property or normal conduct or business, is hereby found and
declared to be a public nuisance. It shall be unlawful for any person
to cause, pertnit, or maintain any such public nuisance.
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(2.0) AP-2-08. Circumvention.
No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total amount
or air contaminant emitted, conceals or dilutes an emission of air
contaminant which would otherwise violate any regulations of the Board.
(2.0) AP-2-09. Severability.
If any provision of any regulation of the Board or the application
thereof to any person or circumstances is held to be invalid, such
invalidity shall not affect other provisions or application of any
other part of such regulations which can be given effect without the
invalid provisions or application, and to this end the provisions of all
Board regulations and the various applications thereof are declared
to be severable.
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(1.0) AP-3-01. Definitions.
As used in regulations AP-3-01 to AP-3-14, inclusive:
(A) "Agricultural wastes" means any refuse, except garbage and dead
animals, generated on a farm or ranch by crop and livestock
production practices, including such items as bags, cartons, dry
bedding, structural materials, and landscape wastes which are
generated in agricultural activities.
(B) "Domicile waste" means any refuse generated on single-family
domiciliary property as a result of domiciliary activities. The
term includes landscape waste, but excludes garbage and trade
waste.
(C) "Fuel-burning equipment" means any furnace, boiler, apparatus,
stack, and all appurtenances thereto, used in the process of
burning fuel for the primary purpose of producing heat or power
by indirect heat transfer.
(D) "Fugitive dust" means air contaminants emitted from any source
other than a flue or stack.
(E) "Garbage" means refuse resulting from the handling, processing
preparation, cooking, and consumption of food or food products.
(F) "Incinerator" means any equipment, machine, device, article,
contrivance, structure, or part of a structure used to burn
refuse or to process refuse material by burning other than by
open burning as defined herein.
(G) "Landscape waste" means any vegetable or plant refuse, except
garbage. The term includes trees, tree trimmings, branches,
stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings,
and crop residues.
(H) "Opacity" means a state which renders material partially or
wholly impervious to rays of light and causes obstruction of an
observer's view.
(I) "Open burning" means the burning of any matter in such a manner
that the products of combustion resulting from the burning are
emitted directly into the ambient air without passing through a
stack, duct or chimney.
(J) "Particulate matter" means any material, except water in uncom-
bined form, that is or has been airborne, and exists as a liquid
or a solid at standard conditions.
-------
(K) "Process weight" means the total weight of all materials introduced
into the source operation including solid fuels, but excluding
gaseous fuels and liquid fuels when they are used solely as
fuels and excluding air introduced for the purpose of combustion.
(L) "Refuse" means any discarded matter; or any matter which is to be
reduced in volume, or otherwise changed in chemical or physical
properties* in order to facilitate its discard, removal or dis-
posal.
(M) "Restricted areas" means the area within the boundaries of any
"Municipal Corporation" as defined in the Ohio Revised Code, plus
a zone extending 1,000 feet beyond the boundaries of any such
municipality having a population of 1,000 to 10,000 and a zone
extending one mile beyond the boundaries of any such municipality
having a population of 10,000 or more according to the latest
federal census.
(N) "Ringelmann Chart" means the chart published and described in the
United States Bureau of Mines Information Circular 8333 (May 1967).
(0) "Single fuel burning unit" means any enclosed combustion chamber
in which fuel is burned for the primary purpose of producing
heat or power by indirect heat transfer.
(P) "Trade waste" means any refuse resulting from the prosecution
of any trade, business, industry, commercial venture, utility or
service activity, and any government or institutional activity,
whether or. not for profit. The term includes landscape waste but
excludes agricultural waste.
(Q) "Uncontrolled mass rate of emmission" means the total weight rate
at which particulate matter is, or in the absence of an air
cleaning device would be, emitted from an air contaminant source
when such source is operated at its maximum rated capacity.
Former regulation AF-3-01 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
3745-17-04 Compliance Time Schedule.
Attainment of established air quality standards for particulate matter
and sulfur dioxide within the area, through the orderly application
of pollution pontrol techniques, shall be accomplished as soon as
possible, but in no event shall such time be later than April 15, 1977.
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Effective Date: July 28. 1975
Former Rule Number: AP-3-04
Promulgated under: RC Chap. 119
Statutory Authority: RC §3704.03
(2.0) AP-3-06. Classification of regions.
(A) Classification of regions shall be based upon measured ambient
air quality where known or, where not known, estimated air
quality in the area of maximum pollutant concentration. Each
region sha.ll be classified separately with respect to sulfur
oxides and psrticulate matter. Each region shall also be class-
ified into one of three categories, defined as Priority I,
Priority II, or Priority III. Ambient concentration limits
(expressed as micrograms per cubic meter) which define the
classification system for sulfur oxides and particulate matter are:
PRIORITY
I II III
Greater than From - To Less than
Sulfur oxides:
Annual arithmetic mean... 100 60-100 60
24-hour maximum 455 • 260-455 260
Particulate matter:
Annual geometric mean.... 95 60-95 60
24-hour maximum 325 150-325 150
(B) The more restrictive classification shall be chosen where there
is a difference between the 24-hour maximum value and the annual
average, e.g., if a region is Priority I with respect to an
annual average and Priority II with respect to a 24-hour maximum
value, the classification shall be Priority I.
(50.1.2)AP-3-07 Control of visible air contaminants from stationary sources.
(A) Emission limitation.
(1) No person shall discharge into the atmosphere from any
-------
single source of emission whatsoever any air contaminant of
a shade or density equal to or darker than that designated
as No. 1 on the Ringelmann chart or 20 percent opacity,
except as set forth in subsection (A)(2) and section (B) of
this regulation.
(2) A person may discharge into the atmosphere from any single
source of emission for a period or periods aggregating not
more than three minutes in any sixty minutes or for a
period of time deemed necessary by the Board, air contam-
inant? of a shade or density not darker than No. 3 on the
Ringelmann chart or 60 percent opacity.
(B) Uncombined water.
It shall be deemed not to be a violation of this regulation where
the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of this regulation.
(51.13) AP-3-08. Open burning prohibited.
(A) No person shall cause or allow open burning, except as provided in
sections (B) and (D) of this regulation.
(B) Exceptions to prohibition against open burning. The following
activities are not in violation of section (A) of this regulation.
Nothing in this section shall exempt such activities from applicable
local restrictions.
(1) The open burning of agricultural waste, but only:
(a) On the premises on which such waste is generated: and
(b) In areas other than restricted areas; and
(c) When atmospheric conditions will readily dissipate
contaminants, except as open burning at night may be
necessary for the protection of agricultrual crops
against frost damage; and
(d) If such burning does not create a visibility hazard on
roadways, railroad tracks, or air fields; and
(e) At a point on the premises most remote from resi-
dential or populated areas, and no less than 1000
feet from such residential or populated areas; and
(f) After such waste has been stacked and dried in a
manner to provide the best practicable conditions
for efficient burning.
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(2) The open burning of domicile waste, but only;
(a) On the premises on which such waste is generated; and
(b) In areas other than restricted areas; and
(c) When atmospheric conditions will readily dissipate
contaminants; and
(d) If such burning does not create a visibility hazard
on roadways, railroad tracks, or airfields;
(e) Notwithstanding paragraph (b) of this subsection (2),
this exception shall apply to residents in restricted
areas who do not have regular public or commercial
refuse collection service available to them, but only
until such refuse collection service becomes available
or until July 1, 1975, whichever is sooner.
(3) The setting of fires to combat or limit existing fires, when
necessary in the judgment of the fire chief having juris-
diction.
(4) The burning of fuels for legitimate campfire and cooking
purposes, or in domestic fireplaces, in areas where such
burning is consistent with other laws, provided that no
garbage shall be burned in such cases.
(5) The burning of waste gases, provided that in the case of
refineries all such flares shall be equipped with smokeless
tips or comparable devices to reduce pollution.
(6) Small open flames for heating tar, for welding, acetylene
torches, highway safety flares,and the like.
(7) Open burning for the following purposes when a written
request for permission to conduct such burning is submitted
to the Board and written permission is granted by the Board;
(a) • For instruction in methods of fire fighting when such
burning is part of a prescribed course in methods of
fire fighting, or for research in control of fires;
• (b) For the destruction of vegetation on site under circum-
stances in which its removal would necessitate signifi-
cant environmental damage, and where no environmentally
sound means of removal exists.
(c) For research conducted, supervised or approved by
federal, state or local agencies in or management or
-11-
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1 wildlife habitat, marsh, prairie, forest, and natural
area ecosystems.
(d) For the destruction of landscape wastes, provided
that such burning shall not occur;
(i) In restricted areas; or
(ii) In non-restricted areas, unless burning
is conducted with the aid of an air-curtain
destructor or other device at least as
effective to reduce emissions substantially
and atmospheric conditions are such as to
readily dissipate contaminants, and such
burning does not create a visibility hazard
on roadways, railroad tracks, or airfields;
or
(iii) Within 1,000 feet of any residence or other
populated area.
(e) For the emergency destruction of oil sludges in petro-
leum production for safety reasons where alternative
means including product recovery are impracticable;
provided, that when emergency conditions require, such
burning may be done without written permission and a
report shall be filed with the Board within ten days,
thereafter, indicating the place and time of such
burning, the quantities burned, the meteorological
conditions, and the reasons why emergency burning was
necessary.
(C) Application for permission to open burn.
(1) An application for permission to open burn shall be in such
form and shall contain such information as shall be required
in procedures adopted by the Board. Such application shall
contain, as a minimum, data and information sufficient to
inform the Board with respect to: the quantities and types
of material to be burned; the nature and quantities of air
contaminant emissions which will result, where possible to
determine; the frequency, including the date where appropriate,
when such burning will take place; the location of the
burning site, including a map showing distances to residences,
populated areas, roadways, air fields, and other pertinent
landmarks; the methods or actions which will be taken to
reduce the emission of air contaminants; the reasons why
alternatives to open burning are not available; and the
reasons why such burning is necessary to the public interest;
T 9
— tt.
-------
and the subsection of this regulation which authorizes
said open burning.
(2) Permission to open burn shall not be granted unless the
applicant proves to the satisfaction of the Board that the
open burning: is necessary to the public interest; will
be conducted in such a time, place and manner as to mini-
mize the emission of air contaminants; will have no serious
detrimental effect upon adjacent properties or the occu-
pants thereof. The Board may impose such conditions as
may be necessary to accomplish the purposes of this
regulation.
(3) Permission to open burn shall be required for each specific
project.
(4) Violation of any of the conditions set forth by the Board
in granting permission to open burn shall be grounds for
revocation of such permission as well as for other sanctions
provided in the Act.
(D) Hazardous wastes.
Open burning of wastes creating a hazard of explosion, fire, or
other serious harm, unless authorized by other provisions in this
regulation, shall be permitted only upon application for and
granting of written permission by the Board as provided by
section (C) of this regulation.
i
Former regulation AP-3-08 adopted January 28, 1972, and effective
February 15, 1972., is rescinded.
(Adopted July 24, 1972; effective August 7, 1972.)
(50.1) AP-3-09. Restriction of emission of fugitive dust and gases.
(A) No person shall cause or permit any materials to be handled,
transported, or stored; or a building or its appurtenances or a
road to be used, constructed, altered, repaired, or demolished
without taking reasonable precautions to prevent particulate
matter from becoming airborn. Such reasonable precautions shall
include, but not be limited to, the following:
(1) Use, where possible, water or chemicals for control of dust
in the demolition of existing buildings or structures,
construction operations, the grading of roads or the
clearing of land;
-IS-
-------
(2) Application of asphalt, oil, water, or suitable chemicals
on dirt roads, materials stockpiles, and other surfaces
which can create airborne dusts;
(3) Installation and use of hoods, fans, and control equipment
to enclose, contain, capture and vent the handling of
dusty materials, Adequate containment methods shall be
employed during sandblasting or other similar operations;
(4) Covering, at all times when in motion, open bodied
vehicles transporting materials likely to become airborne;
(5) Conduct of agricultural practices such as tilling of land,
application of fertilizers, etc., in such manner as to pre-
vent dust from becoming airborne;
(6) The paying of roadways and their maintenance in a clean
condition;
(7) The prompt removal of earth or other material from paved
streets onto which earth or other material has been de-
posited by trucking or earth moving equipment or erosion
by water or other means.
(B) When dust, furnes, gases, mist, odorous matter, vapors, smoke,
other particulate matter or any combination thereof escape from
a building or equipment in such manner and amount as to cause
a nuisance or to violate AP-3-07 or any other regulation, the
, Board may order that the building or equipment in which
processing, handling and storage are done be tightly closed and
ventilated in such a way that all air and gases and air or gas-
borne material leaving the building or equipment are treated
by removal,or destruction of air contaminants before discharge
to the open air.
Former regulation AP-3-09 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
(51.9) AP-3-10. Restriction on emissions from incinerators.
(A) General provisions.
i
(1) This regulation shall apply to any incinerator used to
dispose of refuse or other wastes by burning and to the
processing or salvable material by burning. Notwithstanding
definitions in other regulations, as used in this regulation
the word refuse includes garbage, rubbish, trade wastes,
-14-
-------
leaves, salvable material, agricultural wastes, and other
wastes.
(2) The burning capacity of an incinerator shall be the
manufacturer's or designer's guaranteed maximum rate or
such other rate as may be determined by the Board in
accordance with good engineering practices. In case of
conflict, the determination made by the Board shall govern.
(3) The amount of particulate matter emitted from any incinerator
shall be determined according to American Society of
Mechanical Engineer's Power Test Codes - PTC-27 dated 1957
and entitled "Determining Dust Concentrations in a Gas
Stream", which publication is made part of this regulation
by reference. Emission tests shall be conducted at maximum
burning capacity of the incinerator.
(4) For the purposes of this regulation the total of the
capacities of all furnaces within one system shall be con-
sidered as the incinerator capacity.
(B) Emission limitation.
No person shall cause, suffer, or allow to be emitted into the
atmosphere from any incinerator or to pass a convenient measuring
point near the stack outlet, particulate matter in the exhaust
gases to exceed: 0.10 pounds per 100 pounds of combustible refuse
charged, for incinerators having capacities equal to or greater
than 100 pounds per hour; or 0.2 pounds per 100 pounds of combus-
tible refuse charged for incinerators having capacities less than
100 pounds per hour.
(c) Design-operation requirements.
Incinerators, including all associated equipment and grounds,
shall be designed, operated and maintained so as to prevent the
emission of objectionable odors.
(51.5) AP-3-11. Restriction on emission of particulate matter from fuel
burning equipment.
(A) General provisions. ;
(1) This regulation applies to installations in which fuel is
burned for the primary purpose of producing heat or power
by indirect heat transfer. Fuels include those such as
coal, coke, lignite, coke breeze, fuel oil, and wood but do
not include refuse. When any products or by-products of a
manufacturing process are burned for the same purpose or in
-15-
-------
conjunction with any fuel, the same maximum emission
limitations shall apply.
(2) The nest content of coal shall be determined according to
ASTM method D-271-68 Laboratory Sampling and Analysis of
Coal or Coke or ASTM method D-2015-66 Gross Calorific Value
of Solid Fuel by the Adiabatic Bomb Calorimeter, which
publications are made a part of this section by reference.
(3) For purposes of this regulation the heat input shall be .
the aggregate heat content of all fuels whose products of
combustion emanate from a single fuel burning unit. The
heat input value used shall be the equipment manufacturer's
or designer's guaranteed maximum input, whichever is
greater. The total heat input of all fuel burning units on a
plant or premises which are united either physically or
operationally, shall be used for determining the maximum
allowable amount of particulate matter which may be emitted
from any single fuel burning unit.
(4) The amount of particulate matter emitted shall be measured
according to the American Society of Mechanical Engineer's
Power Test Codes - PTC-27 dated 1957 and entitled
"Determining Dust Concentrations in a Gas Stream", which
publication is made a part of this section by reference.
(B) Emission limitations.
(1) No person shall cause, suffer, allow or permit the emission
of particulate matter, caused by combustion of fuel in fuel-
burning equipment from any stack or chimney in excess of the
quantity set forth in the following Figure I.
(2) All persons located within air quality control regions class-
ified as Priority I Regions shall attain or exceed that
degree of emission reduction specified by Curve P-l by the
effective date of this regulation.
(3) All persons located within air quality control regions
classified as Priority II and III Regions shall attain or
exceed that degree of emission reduction specified by Curve
P-2 by the effective date of this regulation.
(Adopted July 6, 1972; effective July 17, 1972.)
-------
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-------
(50.1.1)AP-3-12. Restriction of emission of particulate matter from industrial
processes.
i
(A) General previsions.
(1) This regulation applies to any operation, process, or
activity from which particulate matter is emitted except
(a) the burning of fuel for the primary purpose of pro-
ducing heat or power by indirect heating in which the
products of combustion do not come into direct contact with
process materials, (b) the burning of refuse, and (c) the
processing of salvageable material by burning.
(2) Emission restriction requirements for sources not exempted
under subsection (A)(l) above are specified in Figure IX and
in Table I. Figure II relates Uncontrolled Mass Rate of
Emission (abscissa) to maximum allowable mass rate of
emission (ordinate). Table I relates process weight of
materials introduced into any specific process that may
cause any emission of particulate matter to maximum allowable
mass rate of emission. Table I shall apply in Priority I
regions where the Uncontrolled Mass Rate of Emission cannot be
ascerteined and where an emission factor characterization for
the process is unknown. Curve P-l of Figure II shall apply
in priority I regions where the Process Weight Rate cannot
be ascertained. In all cases, the more stringent of the
two 'requirements shall apply where both are termed applicable.
(3) Compliance with the limits specified in section (B) of this
regulation shall be determined by sampling and other measure-
ments made at the air contamination source or sources prior
to the point at which air contaminants are emitted to the
atmosphere.' The uncontrolled mass rate of emission may be
determined by sampling in the stack upstream from the inlet
of the control equipment. Estimating techniques approved
by the Board may be substituted for the above required source
testing.
(4) Emission tests relating to this regulation shall be made
folTowing the standards in the American Society of Mechanical
Engineers Power Test Codes ii - PTC-27 dated 1957 and entitled,
"Determining Dust Concentration in a Gas Stream", or as
modified by the Board to suit specific sampling needs or
conditions.
(5) For purposes of Figure II, the total uncontrolled mass rate
6f emission from all similar process units at a plant, such
units being united either physically or operationally, or
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otherwise located in close proximity to each other, shall be
used for determining the maximum allowable mass rate of
emission of particulate matter that passes through a stack
or stacks.
(6) For purposes of Table I, process weight per hour is the
total weight of all materials introduced into any single,
specific process that may cause any emission of particulate
matter. Solid fuels charged will be considered as part of
the process weight, but liquid and gaseous fuels and com-
bustion air will not. For a cyclical or batch operation,
the process weight per hour will be derived by dividing
the total process weight by the number of hours in one
complete operation from the beginning of any given process
to the completion thereof, excluding any time during which
the equipment is idle. For a continuous operation, the
process weight per hour will be derived by dividing the
process weight for a typical period of time.
(B) Emission limitations.
(1) No person shall cause, suffer, allow, or permit the emission
of particulate matter in any one hour from any source in
excess of the amount shown in the following Figure II.
.(2) All persons located within air quality control regions class-
ified as Priority I regions shall attain or exceed that
degree of emission reduction specified by Curve P-l of
Figure II or by Table I, whichever is applicable under
subsection (A)(2) by the effective date of this regulation.
(3) All 'persons located within air quality control regions
classified as Priority II regions shall attain or exceed
that degree of emission reduction specified by Curve P-2 of
Figure II by the effective date of this regulation.
-19-
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TABLE I
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
PROCESS
RATE
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
WEIGHT
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50 '
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
RATE OF
EMISSION
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
PROCESS WEIGHT
RATE
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
RATE OF
EMISSION
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
-------
Interpolation of the data in this table for process weight rates
up to 60,OQO Ib/hr shall be accomplished by use of the equation
E = 4.10 P °-6', and interpolation and extrapolation of the data
for process weight rates in excess of 60,000 Ib/hr shall be
accomplished by use of the equation: E = 55.0 p O.ll . 40, where
E = rate of emission in Ib/hr and P = Process weight rate in
tons/hr.
(4) All persons located within air quality control regions
classified as Priority III regions shall attain or exceed
that degree of emission reduction specified by Curve P-3
of Figure II by the effective date of this regulation.
(Adopted July 6, 1972; effective July 17, 1972.)
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(1.0) AP-5-01. Definitions.
As used in regulations AP-5-0] to AP-5-08, inclusive:
(A) "Organic material" means any chemical compound containing carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides, metallic carbonates, and ammonium carbonate.
(B) "Liquid organic material" means any organic material which is a
liquid at standard conditions.
(C) "Photochemically reactive material" means any liquid organic
material with an aggregate of more than 20 percent of its total
volume composed of the chemical compounds classified below or
which exceeds any of the following individual percentage composition
limitations, referred to the total volume of liquid:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 percent;
(2) A combination of aromatic hydrocarbons with eight or more
carbon atoms to the molecule except ethyl benzene:
8 percent;
(3) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20
percent.
Whenever any organic material or any constituent of an organic
material may be classified from its chemical structure into more
than one of the above groups of organic compounds, it shall be
considered as a member of the most reactive chemical group, that
is, that group having the least allowable percent of the total
volume of liquid.
(D) "Volatile photochemically reactive material" means any photo-
chemical ly reactive material which has a vapor pressure of 1.5
pounds per square inch absolute or greater under actual storage
conditions.•
(E) "Submerged fill pipe" means any fill pipe the discharge opening
of which is entirely submerged when the liquid level is six (6)
inches above the bottom of the tank; or when applied to a tank
w.hich is loaded from the side, shall mean any fill pipe the
discharge opening of which is entirely submerged when the liquid
level is eighteen (18) inches above the bottom of the tank.
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(F) "Effluent water separator" means any tank, box, sump, or other
container in which any volatile photochemically reactive material
floating on or entrained or contained in water entering such tank,
box, sump, or ether container is physically separated and removed
from such water prior to outfall, drainage, or recovery of such
water.
(G) "Architectural coating" means any coating used for residential
or commercial buildings and their appurtenances, or industrial
buildings.
(2.0) AP-5-06. Classification of regions.
(A) Classification of regions shall be based upon measured ambient air
quality where known or, where not known, estimated air quality in
the area of maximum pollutant concentration. Each region shall be
classified separately with respect to carbon monoxide and photo-
chemical oxidants. Each region shall also be classified into
one of two categories, defined as Priority I or Priority III.
Classifications with respect to hydrocarbons will be the same as
the classifications with respect to photochemical oxidants.
Ambient concentration limits which define the classification
system are:
(1) Carbon monoxide: Priority I: Equal to or above 55 milligrams
per cubic meter (48 ppm), 1-hour maximum, or 14 milligrams
per cubic meter (12ppm), 8-hour maximum; Priority III:
Below such values.
(2) Photochemical oxidants: Priority I: Equal to or above 195
micrograms per cubic meter (0.10 ppm), 1-hour maximum;
Priority III: Below such value.
(B) In the absence of measured data to the contrary classification
with respect to carbon monoxide, hydrocarbons and photochemical
oxidants will be based on the following estimate of the relation-
ship between these pollutants and population: Any region con-
taining an area whose 1970 "urban place" population, as defined
in the United States Bureau of Census, exceeds 200,000 will be
classified Priority I. All other regions will be classified
Priority III.
(50.4) AP-5-07. Control of emissions of organic materials from stationary
sources.
(A) These regulations are applicable to all existing stationary sources
located within a Priority I region and to all new stationary
sources regardless of location.
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(B) Except as otherwise provided in these regulations, all new
stationary emission sources of photochemically reactive materials
shall minimize such emissions by use of the latest available
control techniques and operating practices in accordance with best
current techno'logy.
(C) Nothing in this regulation shall be construed to preclude the use
of alternative means to abate emissions, if such alternative is
approved by the Board and will not result in emissions significantly
greater than would result from the application of the means
specified herein.
i
(D) Storage of volatile photochemically reactive materials.
(1) No person shall place, store, or hold in any stationary tank
reservoir or other container of more than 65,000 gallons
capacity any volatile photochemically reactive material unless
such tank, reservoir, or other container is a pressure tank
capable cf maintaining working pressures sufficient at all
times to prevent vapor or gas loss to the atmosphere or is
designed, and equipped with one of the following vapor loss
control devices:
(a) A floating pontoon or double-deck type cover equipped
! with closure seals to enclose any space between the
cover's edge and compartment wall. This control
] ' equipment shall not be permitted if the volatile photo-
; chemically reactive material has a vapor perssure of
12.5 pounds per square inch absolute or greater under
! actual storate conditions. All tank gauging or sampling
[ devices shall be gas-tight except when tank gauging or
sampling is taking place.
| (b) A vapor recovery system which reduces the emission of
organic materials into the atmosphere by at least 90
percent by weight. All tank gauging or sampling devices
shall be gas-tight except when tank gauging or sampling
is taking place.
(c) Other equipment or means of equal efficiency for pur-
poses of air pollution control as may be approved by
the Board.
(2) No person shall place, store, or hold in any stationary
storage vessel of more than 500-gallon capacity any volatile
photochemically reactive material unless such vessel is equip-
ped with a permanent submerged fill pipe, is loaded through
the use of a portable loading tube which can be inserted
below the liquid level line during loading
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operations, or is a pressure tank as described in sub-
section (D)(l) of this regulation or is fitted with a
vapor recovery system as described in subsection (D)(l)(b)
of this regulation.
(E) Volatile photochemically reactive materials loading facilities.
(1) No person shall load in any one day more than 40,000
gallons of any volatile photochemically reactive material
into any tank truck, trailer, or railroad tank car from
any loading facility unless the loading facility is equipped
with a vapor collection and disposal system properly
installed, in good working order, in operation, and consis-
ting of one of the following:
(a) An adsorber system or condensation system which
processes and recovers at least 90 percent by weight
of all vapors and gases from the equipment being
controlled.
(b) A vapor handling system which directs all vapors to e
fuel gas system.
(c) Other equipment or means for purposes of air pollution
control as may be acceptable to and approved by the
Board.
(2) All loading from facilities subject to the provisions of
subse.ction (E)(l)(a) and (E)(l)(b) of this regulation shall
be accomplished in such a manner that all displaced vapors
and gases shall be vented only to the vapor collection
system. A means shall be provided to prevent liquid drainage
from the loading device when it is not in use or to accomplish
complete drainage before the loading device is disconnected.
(F) Volatile photochemically reactive material/water separation.
(1) No person shall use any compartment of any vessel or device
operated for the recovery of volatile photochemically reactive
materials from an effluent water separator which recovers 200
gallons a day or more of any volatile photochemically reactive
material unless such compartment is equipped with one of the
following vapor loss control devices, properly installed, in
good working order and in operation:
(a) A solid cover with all openings sealed and totally
enclosing the liquid contents of the compartment. All
gauging and sampling devices shall be gas-tight except
when gauging or sampling is taking place.
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(b) A floating pontoon or double-deck type cover equipped
with closure seals to enclose any space between the
cover's edge and compartment wall. All gauging and
, sampling devices sh.all be gas-tight except when
gauging or sampling is taking place.
(c) A vapor recovery system which reduces the emission of
organic materials into the atmosphere by at least
90 percent by weight. All gauging and sampling devices
shall be gas-tight except when gauging or sampling is .
taking place.
(d) Other equipment or means of air pollution control as
' may be approved by the Board.
(G) Operations using liquid organic materials.
(1) A person shall not discharge more than 15 pounds of organic
materials into the atmosphere in any one day, nor more than .
3 pounds in any one hour, from any article, machine, equip-
ment, or other contrivance in which any liquid organic material
or substance containing liquid organic material comes into
contact with flame or is baked, heat-cured, or heat-poly-
merized, in the presence of oxygen, unless said discharge
has been reduced by at least 85 percent.
(2) A person shall not discharge more than 40 pounds of organic
material into the atmosphere in any one day, nor more than
8 pounds in any one hour, from any article, machine, equip-
ment, or other contrivance used under conditions other than
described in subsection (G)(l) of this regulation for
employing, applying, evaporating or drying any photochemically
reactive material, unless said discharge has been reduced
by at least 85 percent.
(3) Any series of articles, machines, equipment or other contri-
vances designed for processing a continuously moving sheet, '
web,'strip, or wire which is subjected to any combination of
operations described in subsection (G)(l) or (G)(2) of this
regulation involving any photochemically reactive material,
or substance containing such photochemically reactive
material, shall be subject to compliance with subsection
(G)(2) of this regulation. Where only nonphotochemically
reactive materials or substances containing only nonphoto-
chemically reactive materials are employed or applied, and
where any portion or portions of said series of articles,
machines, equipment, or other contrivances involves operations
described in subsection (G)(i) of this regulation, said
portions shall be collectively subject to compliance with
subsection (G)(l) of this regulation.
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(4) Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive materials of any
article, machine, equipment, or other contrivance described
in .subsection (G)(l), (G)(2), or (G)(3) of this regulation,
shall be included with the other emissions of organic
materials from that article, machine, equipment, or other
contrivance for determining compliance with this regulation.
(5) Emissions of organic materials to the atmosphere resulting
from air or heated drying of products for the first 12 hours
after their removal from any article, machine, equipment, or
other contrivance described in subsection (G)(l), (G)(2), or
(G)(3). of this regulation, shall be included with other
emissions of organic materials from that.article, machine,
equipment, or other contrivance, for determining compliance
with this regulation.
(6) Emissions of organic materials into the atmosphere required
to be controlled by subsection (G)(l), (G)(2), or (G)(3)
of this regulation, shall be reduced by:
(a) Incineration, provided that 90 percent or more of the
carbon in the organic material being incinerated is
oxidized to carbon dioxide, or
(b) Adsorption, or
(c) Processing in a manner determined by the Board to be
not less effective than (a) or (b) above.
(7) A person incinerating, adsorbing, or otherwise processing
liquid organic materials pursuant to this rule shall provide,
properly install, and maintain in calibration, in good
working order and in operation, devices as specified in the
authority to construct or the permit to operate, or as
specified by the Board, for indicating temperatures, pressures,
rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution
control.
(8) Any person using liquid organic materials or substances
containing liquid organic materials shall supply the Board,
upon-request and in the manner and form prescribed by the
Board, written evidence of the chemical composition, physical
properties, and amount consumed for each organic solvent used.
(9) The provisions of section (G) of this regulation shall not
apply to:
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(a) The use of equipment for which other requirements are
specified by sections (D), (E), and (F) of this
regulation, or which are exempt from .air pollution
control requirements by said sections.
(b) The spraying or other employment or insecticides,
pesticides, or herbicides.
(c) The use of any material, in any article, machine, equip-
ment or other contrivance described in subsection (G)(l),
(6)(2), (G)(3), or (G)(4) of this regulation, if:
(i) the volatile content of such material consists
only of water and liquid organic material, and
(ii) the liquid organic material comprises not more
than 20 percent of said volatile content, and
. . (iii) the volatile content is not a photochemically
reactive material.
(d) The use of any material, in any article, machine, equip-
ment or other contrivance described in subsection (G)(l),
(G)(2), (G)(3), or (G)(4) of this regulation, if:
(i) the volatile content of such material does not
exceed 20 percent by volume of said material,
and
(ii) the volatile content is not a photochemically
reactive material.
(e) The use, in any article, machine, equipment, or other
contrivance described in subsection (G)(l), (G)(2),
(G)(3), or (G)(4), of liquid organic materials which
exhibit a boiling point higher than 220°F at 0.5 milli-
meter mercury absolute pressure, or having an equivalent
vapor pressure, unless such liquid organic material is
exposed to temperatures exceeding 220°F.
(f) The use of any material, in any article, machine, equip-
ment or other contrivance described in subsection (G)(l),
(G)(2), (G)(3), (G)(4), if it can be demonstrated to
the Board's satisfaction that the emissions of organic
materials into the atmosphere from such article,
machine, equipment or other contrivance are not photo-
chemical^ reactive.
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(H) Architectural coatings.
(1) A person shall not sell or offer for sale for use in con-
tainers of greater than 1-gallon capacity, any architectural
coating containing a photochemically reactive material.
(2) A'person shall not employ, apply, evaporate, or dry any
architectural coating, purchased in containers of greater
than 1-gallon capacity, containing a photochemically reactive
material.
(3) A person shall not thin or dilute for application any
architectural coating with a photochemically reative material.
(I) Disposal and evaporation of solvents.
A person shall not, during any one day, dispose of a total of more
than 1 h gallons of any volatile photochemically reactive material,
or dispose of any substance containing more than 1 \ gallons of
any volatile photochemically reactive material, by any means which
will permit the evaporation of such volatile photochemically
reactive material into the atmosphere.
(J) Waste gas disposal.
(1) No person shall emit a waste gas stream from any ethylene
producing plant or other ethylene emission source into the
atmosphere unless the waste gas stream is properly burned
at 1,300°F for 0.3 seconds or greater in a direct-flame
afterburner or an equally effective device as may be approved
by the Board.
(2) No person shall emit organic materials to the atmosphere from
a waste gas flare system unless such materials are burned by
smokeless flares, or an equally effective control device as
approved by the Board.
(3) The provisions of subsection (J)(l) and (J)(2) of this regu-
lation shall not apply to emissions from emergency relief
and vapor blowdown systems. Emissions from emergency relief
and vapor blowdown systems shall be controlled upon special
order of the Board by burning by smokeless flare, or equally
effective device as may be approved by the Board.
(50.5) AP-5-08. Control of carbon monoxide emissions from stationary sources.
(A) These regulations are applicable to all existing stationary sources
located ,within a Priority I region and to all new stationary sources
regardless of location.
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(B) Except as otherwise provided in these regulations, all new
stationary carbon monoxide emission sources shall minimize
carbon monoxide emission by use of the best available control
techniques and operating practices in accordance with best
current technology.
(C) Nothing in this regulation shall be construed to preclude the use
of alternative means to abate emissions, if such alternative is
approved by the Board and will not result in emissions signifi-
cantly greater than would result from the application of the
means specified herein.
(D) Process equipment.
i >
No person shall emit the carbon monoxide gases generated during
the operation of a grey iron cupola, blast furnace, or basic oxygen
steel furnace unless they are burned at 1,300°F for 0.3 seconds
or greater in a direct-flame afterburner or equivalent device
equipped with an indicating pyrometer which is positioned in the
working area at the operator's eye level.
(E) No person shall emit carbon monoxide waste gas stream from any
catalyst regeneration of a petroleum cracking system, petroleum
fluid coker, or other petroleum process into the atmosphere, unless
the waste gas stream is burned at 1,300°F for 0.3 seconds or greater
in a direct-flame afterburner or boiler equipped with an indicating
pyrometer which is positioned in the working area at the operator's
eye 1 eve!.
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(4.0) AP-7-01. Ambient, air quality standards.
The ambient air quality standard for nitrogen dioxide to be applicable
throughout the area shall be as follows:
The maximum annual arithmetic mean concentration shall not exceed one
hundred (100) micrograms per cubic meter.
(9.0) AP-7-02. Methods of measurement.
(A) For purposes of ascertaining, defining, and measuring ambient air
quality, nitrogen dioxide shall be measured by the methods stated
in division (B) of this regulation or by such other methods as may
be approved by the Board. Such measurements shall be corrected
to standard conditions for purposes of comparing measurements with
the ambient air quality standard set forth in regulation AP-7-01.
(B) Concentrations of nitrogen dioxide shall be determined through
twenty-four (24) hour intermittent sampling utilizing the Jacobs-
Hochheiser procedure described in the Federal Register, Volume 36,
Number 84, Friday, April 30, 1971, or through the use of continuous
sampling and recording devices utilizing colorimetric or spectro-
photometric analytical techniques.
(6.0) AP-7-03. Compliance time schedule.
Attainment of the established ambient air quality standard for nitrogen
dioxide within the area, through the orderly application of pollution
control techniques, shall be accomplished as soon as possible, but in no
event shall such time be later than July 1, 1975.
(2.0) AP-7-04. Non-degradation policy.
The significant and avoidable deterioration of air quality in any part
of the area where presently existing air quality is equal to or better
than that required by regulation AP-7-01 shall be prohibited.
(2.0) AP-7-05. Classification of regions.
(A) Classification of regions shall be based upon measured ambient air
quality where known or, where not known, estimated air quality in
the area of maximum pollutant concentration. Each region shall be
classified with respect to nitrogen dioxides into one of two
categories, defined as Priority I or Priority III. Ambient
concentration limits which define the classification system are:
Priority I: Equal to or above 110 micrograms oxides of nitrogen
(as nitrogen dioxide) per cubic meter (0.6 ppm), annual arithmetic
mean; Priority III: Below such value.
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(B) In the absence of measured data to the contrary, classification
will be based on the following estimate of the relationship
between nitrogen dioxide and population: Any region containing an
area wh,ose 1970 "urban place" population, as defined in the
United States Bureau of Census, exceeds 200,000 will be classified
Priority I. All other regions will be classified Priority III.
(50.3) AP-7-06. Control of nitrogen oxides emissions from stationary sources.
(A) These regulations are applicable to all existing stationary sources
located1 within a Priority I region and to all new sources regardless
of location,
(B) Except as otherwise provided in these regulations, all stationary
nitrogen oxide emission sources shall minimize nitrogen oxide
emissions by use of the latest available control techniques and
operating practices in accordance with best current technology.
(C) Combustion sources.
(1) No person shall cause or permit emissions of nitrogen oxides,
calculated as nitrogen dioxide, from a gas-fired boiler with a
capacity of 250 million B.T.U./hr. or more and completed
before the effective date of this regulation in excess of
0^20 pounds per million B.T.U. of heat input.
(2) No person shall cause or permit emissions of nitrogen oxides,
calculated as nitrogen dioxide, from an oil-fired boiler with
a capacity of 250 million B.T.U./hr. or more and completed
before the effective date of this regulation in excess of
0.30 pounds per million B.T.U. of heat input.
(3) No person shall cause or permit emissions of nitrogen oxides,
calculated as nitrogen dioxide, from a coal-fired boiler with
a capacity of 250 million B.T.U. per hour or more in excess
of 0.9 pounds per million B.T.U. of heat input.
(D) Nitric acid manufacture.
No person shall cause or permit the emission of nitrogen oxides,
calculated as nitrogen dioxide, from nitric acid manufacturing
plants in excess of 5.5 pounds per ton of 100 per cent acid produced.
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(1.0) AP-9-01. Definitions.
(A) Except as otherwise provided in subsection (B), th.e definitions
in AP-2-01 shall apply.
(B) (1) "Air contaminant source" shall mean any operation, machine,
device, apparatus, equipment, building, or other physical
facility which emits or may emit any air contaminant.
(2) "Modification" shall mean any physical change in, or change
in the method of operation of an air contaminant source which
increases the amount of any air pollutant emitted by such
source or which results in the emission of any air pollutant
not previously emitted.
(3) "Applicable law" shall, unless otherwise expressly specified,
include any applicable provisions of: Chapter 3704 of the
Ohio Revised Code, as amended; rules, regulations, and orders
of the Ohio Air Pollution Control Board; the Clean Air Act,
as amended; rules and regulations of the Administrator of
the Environmental Protection Agency.
(4) "Construct" or "construction" shall include any operation
resulting in a new source.
Former regulation AP-9-01 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
(3.0) AP-9-02. Permits to construct new sources; permits to modify.
(A) General rule. After the effective date of these regulations, no
person shall cause, permit, or allow the location, installation,
construction, or modification of any air contaminant source without
first applying for and obtaining a permit to construct or modify
from the Board approving the location and design of such source.
The Board shall not approve such location, installation, construc-
tion, or modification unless the applicant demonstrates to the
satisfaction of the Board that the proposed new or modified air
contaminant source will comply with all applicable rules and
regulations of the Board.
(B) Application for permit to construct or^ modify.
(1) Applications for permits required under subsection (A) shall
be1 made on forms prepared by the Board and shall contain
such information as the Board shall deem necessary to
determine whether the permit should be issued. The information
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required shall include: descriptions of the equipment and
processes involved; the nature, source, and quantity of
uncontrolled and controlled emissions; the type, size, and
efficiency of control facilities; the quantities and types of
raw material used; the suitability of the location and the
impact of the emission from such source upon existing air
quality; and such other information as the Board may require.
(2) An application for a permit to construct or modify shall be
made of each air contaminant source.
(3) Applications for permits to construct shall be signed by the
contractor or agent performing the construction or modifi-
cation and by the corporate President, or Vice President
reporting directly to the President, or highest ranking
corporate officer with offices located in the State; or by
an equivalently responsible officer in the case of organi-
zations other than corporations; or, in other cases, by the
source owner or operator; or, in the case of political
subdivisions, by the highest elected official of such sub-
division. Such signature shall constitute personal affirma-
tion that the statements made in the application are true
and complete, complying fully with applicable state require-
ments, and shall subject the responsible official to liability
under applicable state laws forbidding false or misleading
statements.
(4) The applicant's signature shall constitute an agreement that
the applicant shall assume responsibility for the construc-
tion, .modification, installation, or location of such source
or facility in accordance with applicable rules and regulations,
terms and conditions.
(C) Standards for granting permits to construct or modify.
No permit to construct or modify an air contaminant source shall
be granted until the applicant demonstrates that it is more likely
than not that:
(1) Such proposed new source or modification will operate with-
out preventing or interfering with the attainment or main-
tenance of any applicable ambient air quality standard, or
cause any avoidable degradation in ambient air quality; and,
(2) The emissions from such source shall not exceed applicable
emission standards of the Board, or federal Standards of
Performance of New Sources promulgated by the Administrator
of the Environmental Protection Agency pursuant to Section III
of the Clean Air Act, whichever are more stringent; and,
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(3) Such source or modification is provided, at the expense
of the applicant, with any sampling and testing facilities
the Board may require, including but not limited to:
(a) Sampling ports of a size, number, and location as the
Board may require;
• (b) Safe access to each port;
(c) Instrumentation to monitor and record emission data
which satisfies the requirements of AP-2-04; and
(4) Such proposed source or modification incorporates the best
available control technology; and,
(5) The proposed source or modification for which the permit is
requested will operate in accordance with applicable law.
/
(D) Action on applications for permits to construct or modify.
(1) The Board shall, within 90 days of the receipt of an
application, notify the applicant in writing of its approval,
conditional approval, or denial of the application.
(2) If an application is denied, the Board shall set forth its
objections in the notice of denial.
(3) The Board shall afford a prompt hearing to any applicant
whose application is denied. Where appropriate, the Board
may order such hearing held before two hearing examiners
appointed by the Board, who may be an attorney at law and
an environmental engineer familiar, by virtue or training
and experience, with air pollution control technology. At
such hearing a stenographic record of the testimony shall
be' kept. At such hearing, the applicant shall have the
burden of proving his case by a preponderance of the
reliable, probative evidence. Following the hearing, the
. hearing examiner shall write their joint, complete findings
and conclusions, and shall include a statement of their
reasons for crediting the testimony of one witness over
another provided there is a conflict. The hearing examiner
shall also recommend action to be taken by the Board, if
any, and their reasons for recommending such action. The
record of proceedings and the findings, conclusions, reason
and recommendations of the hearing examiners shall be kept
available for public inspection. The findings, conclusions,
reasons and recommendations of the hearing examiners shall
be advisory only and not binding upon the Board. Request
for such hearing must be made within 10 days of receipt of
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the notice of denial.
(4) Permits issued hereunder shall be subject to such terms and
conditions set forth and embodied in the permit as the
Board shall deem necessary to ensure compliance with
applicable law.
(E) Cancellation of permits to construct or modify.
The Board shall cancel a permit to construct or modify if:
(1) The construction, installation, location, or modification
the permit approves is not begun within one year of the
date of issuance; or,
(2) During construction, installation, location, or modification,
work is suspended for one year; or,
(3) The Board determines that one of the standards under Section
2(D)(4) have been or will be violated.
(F) Possession .of a permit to construct shall not relieve any
person of the responsibility to comply with applicable emission
limitations or other applicable law.
Former regulation AP-9-02 adopted January 28, 1972, and effective
February 15, 1972, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
(3.0) AP-9-03. Permits to operate.
(A) General rule. No person may cause, permit, or allow the operation
or other use of any air contaminant source without applying for
obtaining a permit to operate from the Board in accordance with
the requirements of this section, except as otherwise provided
in AP-9-04.
(B) Application for permits to operate.
(1) Applications for permits to operate shall be signed by the
corporate President, or Vice President reporting directly
to the President, or highest ranking corporate officer with
offices located in the State; or by an equivalently respon-
sible officer in the case of organizations other than
corporations; or in other cases, by the source owner or
operator; or, in the case of political subdivisions, by
the highest elected official of such subdivision. Such
signature shall constitute affirmation that the statements
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made In the application are true and complete, complying
fully with applicable state requirements, and shall subject
the responsible official to liability under applicable
state laws forbidding false or misleading statements.
(2) Existing air contaminant sources which are or will be in
compliance with applicable law within six months of the
effective date of these regulations shall apply for permits
to operate as soon as practicable after the effective date
of these regulations or within six months thereafter,
whichever is sooner.
(3) Applications for permits to operate shall be on forms
prescribed by the Board, and shall contain all information
the Board deems necessary to determine whether the air
contaminant source is operating and will be operated in
accordance with all applicable rules and regulations of
the Board, including, but not limited to: location of
source; descriptions of the equipment and processes involved;
the nature, source, and quantity of uncontrolled and con-
trolled emissions; the type, size, and efficiency of control
facilities; the impact of the emissions from such source
upon existing air quality.
(4) Applications for permits to operate shall be made for each
air contaminant source.
(5) Each application shall be signed by the applicant, whose
signature shall constitute an agreement that the applicant
shall assume responsibility for operating such source in
accordance with applicable rules and regulations.
(C) Standards for granting permits to operate.
No permit tc operate an air contaminant source shall be granted
until the applicant demonstrates that it is more likely than not
that:
(1) The source is in compliance with applicable rules and
regulations; and,
(2) The source operates without preventing or interfering with
the attainment and maintenance of any applicable state or
national ambient air quality standard; and,
(3) If required by the Board, the source is equipped with
instrumentation and sensing devices to monitor and record
emission data and other information about the operation
of the source; and
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(4) In the case of an air contaminant source to which Section 2
applies, such source was constructed, modified, located,
or installed in compliance with the terms and conditions of
the permit to construct or modify, as well as applicable
rules and regulations, and such source operates, or within
90 days of start up of operation, will operate in accordance
with applicable rules and regulations or with federal
Standards of Performance for New Sources promulgated by
the Administrator of the Environmental Protection Agency
pursuant to Section III of the Clean Air Act, whichever is
more stringent; and,
(5) If required by the Board, performance tests, conducted after
the application was made, at the applicant's expense, in
accordance with methods prescribed by the Board, demonstrate
that the source is in compliance with applicable emission
regulations and other applicable law. The Board or its
representative may observe, participate in, or conduct any
performance test required; and,
(6) Such source is equipped as required by Section 2(C)(3) of
these regulations.
(D) Terms and conditions.
(1) Permits to operate shall be effective for one year from
date of issuance, or for whatever other period the Board
deems appropriate, not to exceed three years.
(2) Any permit to operate issued by the Board shall be subject
to revision in response to changes in applicable rules and
regulations or other factors affecting the compliance of the
source or control facility with the standards or conditions
of the original permit.
(3) The transferee of any permit to operate shall, personally,
assume the responsibilities of the original permit holder*.
transferer. The Board must be notified in writing of any
transfer of a permit to operate.
(4) Such air pollution emergency episode plans as are submitted
and approved shall become terms and conditions of the
permit to operate and shall have full force and effect as a
part thereof.
(5) The Bpard may include such other terms and conditions as are
necessary to ensure compliance with applicable law.
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(E) Action on applications for permits to operate,
(1) The Board may suspend or revoke a permit to operate if it
determines that any of the conditions, terms, or standards of
Section 3(C) of Section 3(D) or any other applicable rules
and regulations of the Board have been or will be violated.
i
(2) Suspension or revocation of a permit to operate shall be
final 10 days after service of notice on the permit holder.
(3) The Board shall afford a prompt hearing to any permit holder
whose permit to operate is suspended or revoked in the
manner prescribed in Section 2(D)(3).
(4) A permit to operate which has been revoked shall be surren-
dered forthwith to the Board.
(G) Permit no defense to violations.
Possession of a permit to operate shall not relieve any person
of the responsibility continuously to comply with applicable
emission limitations or other provisions of applicable law.
(H) Conditional Permit to Operate.
If any air contaminant source which has been constructed, installed,
located or'modified in accordance with the provisions of Section 2
of these regulations, and otherwise in accordance with applicable
law, is unable to comply with the requirements of Section 3(C)(4)
of these regulations as of the date of start-up of operations, the
Board shall grant a conditional permit to operate such source for
a period not to exceed six months from start-up of operation,
provided the period is used to remedy any defect which prevents
such compliance, and the applicant affirms that such source will
be operated in accordance with the provisions of Section 4(C)(1)
(b)(i) to Section 4(C)(l)(b)(v1) of these regulations, inclusive,
for the duration of the conditional permit.
Former regulation AP-9-03 adopted January 28, 1972, and effective
.February 15, ,197.2, is repealed.
(Adopted July 24, 1972; effective August 7, 1972.)
(5.0) AP-9-04. 'Variance.
(A) General Rule.
No person shall cause, permit, or allow any air contaminant source
'to emit any air contaminant in violation of any applicable emission
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standards of emission limitations or other applicable rules and
regulations of the Board, unless a compliance schedule has been
applied for and approved by the Board for such source, and a
variance has been granted by the Board to such source pursuant to
the provisions of this section.
(B) Applications for Variances.
(1) Applications for variances shall be signed by the corporate
President, or Vice President reporting directly to the
President, or highest ranking corporate officer with offices
located in the state; or by an equivalently responsible
officer in the case of organizations other than corporations;
or, in other cases, by the source owner or operator, or, in
the case of political subdivisions, the highest elected
official of such subdivision. Such signature shall constitute
affirmation that the statements made in the application are
true and complete, and shall subject the responsible official
to liability under state laws forbidding false or misleading .
statements. By his signature, the responsible officer shall
assume responsibility for compliance by his source with
applicable law and the terms and conditions of any variance
issued to such source.
(2) Applications for variances shall be made in a form and manner
perscribed by the Board. :
(3) An application for a variance shall be made for each air
contaminant source.
(C) Standards for Granting Variances. j
(1) No variance to operate an air contaminant source shall be
granted until the applicant shows to the satisfaction of the
Board that:
(a) . Such source is not a new source or modification to
wh'ich Section 2 applies; and,
(b) The Board has approved a compliance schedule for such
source. A compliance schedule shall be approvable
where it show to the satisfaction of the Board that:
t (i) The plan and schedule provide for the earliest
possible compliance by the source; and,
(ii) Any available alternative operating procedures
and interim control measures have reduced or
will reduce the impact of such source on the
public health; and,
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(iii) Good faith efforts have been and will be made
to reduce emissions, or otherwise comply with
any state or local laws, ordinances, or
regulations; and,
(iv) The proposed control strategy will bring the
source into compliance with applicable laws,
rules and regulations; and,
(v) The continued operation of the source does
not endanger or threaten to endanger human
health; and,
(vi) The compliance schedule contains a date on or
before which the source shall be operated in
compliance with applicable law, rules and
regulations.
(c) Such source is equipped as required in Section 2 (C)(4)
of these regulations and otherwise in compliance with
applicable law.
(2) Applications for variances shall be submitted to the Board
as quickly as possible after the date of these regulations,
but no later than six months after the effective date of these
regulations. Failure to file a timely application shall
be cause for the Board to issue an order immediately pro-
hibiting all emissions from the source.
(D) Action on applications for variances.
(1) Pij-ior to taking any action on an application for a variance,
the Beard or its authorized representative may hold a
public hearing on the application in the manner specified in
Ohio Revised Code, Section 3704.03(H) (1971).
(2) In granting, revoking, denying, or modifying any variance,
the Board shall state its reasons therefore in writing, in the
form of a judicial opinion. The opinion shall be made
publicly available at the cost of reproduction and handling.
Such opinions shall be numbered, and periodically published
and bound in volumes.
. i
(3) The Board shall act on applications for variances within
six months of filing.
(4) Except as otherwise provided herein, the procedures of
section 2(D) of these regulations shall apply.
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(E) Interim reporting.
In addition to the other registration and reporting requirements
or all air contaminant sources, the holder of a variance shall
file reports every two months or as required by the Board which
shall be signed by the applicant for the variance. These reports
shall demonstrate, to the satisfaction of the Board, that the
source for which the variance was issued is making consistent
progress toward completion of work on its compliance schedule,
and has met all interim deadlines specified in the compliance
schedule or specified by the Board. If the responsible official
fails to file an interim report on time, or if such report fails
to satisfy the Board that the source is making satisfactory
progress, then the Board shall revoke the variance. The
variance holder shall assume full personal responsibility for the
completeness and accurance of statements made in the interim
report. Falsa or misleading statements in an interim report
shall be grounds for revocation of the variance, and shall subject
the variance holder to the sanctions available under state law.
(F) Terms and conditions.
(1) An approved compliance schedule shall be incorporated into
any variance granted, and shall be a term and condition
thereof.
(2) Variances shall be effective for whatever period the Board
deems appropriate, not to exceed one year. A variance may
be renewed only when the Board is satisfied that the source
for which the variance was granted is making satisfactory
progress toward achievement of its compliance schedule. No
variance to operate an air contaminant source in an air
quality control region designated as Priority I in violation
of an emission standard applicable to such region and source
may be renewed more than twice and in no case shall any such
variance'or renewal be effective after July 1, 1975. No
variance to operate an air contaminant source in an air
quality control region designated as Priority II or Priority
11,1 in violation of an emission standard applicable to such
source and region as of the effective date of this regulation
may be renewed more than twice and in no case shall any such
variance or renewal be effective after July 1, 1975. No
variance to operate an air contaminant source in an air
quality control region designated as Priority II or Priority
III in violation of AP-S-ll(B) (4) or AP-3-12(B) (5) may
be, renewed more than twice and in no case shall any such
variance or renewal be effective after July 1, 1978.
(3) Each variance shall state the maximum emissions permissible
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during »he variance period from the source for which the
variance was granted.
(4) The possession of a variance to operate in excess of any
emission standard, limitation, or regulation of the Board,
shall not relieve the holder of responsibility to comply
with .all other applicable rules and regulations of the
Board.
(5) The requirements of Section 3(D)(2), 3(D)(3), 3(D)(4), and
3(D)(5) of these regulations shall apply.
(G) Variance no defense to violations.
Possession of a variance relieving an air contaminant source from
having immediately to comply with any requirement of applicable
law shall not relieve any such source of the responsibility to
comply with all other requirements of applicable law.
(H) Revocation.
(1) The Board shall revoke a variance if it determines that any
of the terms, conditions, standards, or requirements of
Section 4(C), 4(E), or 4(F) have been or will be violated.
(2) A-variance which has been revoked shall forthwith be
surrendered to the Board.
(Adopted July 6, 197?; effective July 17, 1972.)
(2.0) AP-9-05. General Policy.
(A) Where any person demonstrates by a preponderance of the evidence
that more than one alternative would, with equal efficiency and,
if appropriate, speed, satisfy any requirement of applicable law,
then the Board shall encourage the implementation of the least
costly alternative.
(B) Wherever required by any provision of Chapter 3704, of the Ohio
Revised Code, the Board shall give consideration to, and attempt
to minimize, the economic expense of any action the Board may
require any source, person, or other entity to take; provided,
however, that economic hardship to any person shall be no excuse
for any performance, operation, action, inaction, or other conduct
which violates any requirement of applicable law.
(2.0) AP-9-06. Exemptions.
(A) With the exceptions set forth in subsection (E), infra, each air
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contaminant source shall submit to the Board either an application
for a permit to operate or any application for a variance, in
the time, form, and manner specified in AP-9-03 or AP-9-04.
Wherever practicable, the Board shall act upon applications for
permits and variances in order of the sources' total yearly
emissions, beginning with the largest emitters first.
(B) Where necessary for administrative reasons, the Board may exempt,
for limited periods of time, certain classes of air contaminant
sources, of relatively minor significance, from the requirement of
obtaining permits to operate or variances from the Board. Exemp-
tion under this subsection shall not relieve any source of the
responsibility to submit to the Board, within the required time,
a substantially approvable application for a permit to operate or
a variance. Applications from sources exempted under this sub-
section sha;ll be subject to spot checks and such sources shall be
subject to 'inspections.
(C) Exemption under this section shall not relieve any air contaminate
source of the responsibility to comply with applicable laws,
ordinances, rules, or regulations of any political subdivision of
the state of Ohio.
(D) Exemption from the requirement of obtaining permits or variances
from the Board under this section shall not be construed to
relieve any'air contaminant source of the responsibility to comply
with all other requirements of applicable law, including, but
not limited to, emission standards and limitations, satisfactory
progress on compliance schedules, and interim reporting require-
ments.
(E) The following classes of sources shall not be required to apply
for, or obtain, permits to operate or variances from the Board:
(1) Comfort ventilating systems;
(2) Sources used as incinerators in one or two family dwellings,
or in dwellings containing six or fewer family units, one
of which is owner-occupied;
(3) Sources located in dwelling units which burn oil, natural
gas, or other fuel except coal, for the production of steam,
hot water,, or hot air at rates of less than one million
(1,000,000) British Thermal Units per hour when operated at
the maximum rated capacities, and from which products of
combustion are the sole emissions.
(4) Such other sources of small emission significance as the
Board may exempt.
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(15.0) AP-9-07. Civil and Criminal Penalties.
The Board shall request the Attorney General in writing to recommend
actions for legal and equitable remedies, or for criminal penalties, or
both, whenever the Board or the Attorney General finds, based on any
information, that there is cause to believe that any person or any
source of air pollution is violating or has violated any applicable
provision of Chapter 3704 or the Ohio Revised Code, or any rule,
regulation, or other- of the Board promulgated pursuant thereto.
(14.0) AP-9-08. Public Availability of Information.
(A) Any record, report, or other information obtained by the Board
shall be made available to the public, except that upon a showing
satisfactory to the Board by any person that such record, report,
or other information, or particular part thereof (other than
emission date), if made public, would divulge methods or processes
entitled to protection as trade secrets of such person, the Board
shall consider such record, report, or information, or particular
part thereof confidential, except that such record, report,
or information may be disclosed to other officers, employees, or
authorized representatives of the State concerned with carrying
out this act or when relevant in any proceeding under this regu-
lation.
(B) Any emission data made public by the Board shall be presented in
such a manner as to show the relationship between measured amounts
of emissions and the amounts of such emissions allowable under
applicable emission limitations and compliance schedules, or other
measures.
(2.0) AP-9-09. Severability.
Each section and each part of each section of this regulation is hereby
declared to be an independent section or part of a section and, not-
withstanding any other evidence of intent, it is hereby declared to
be the controlling intent that if any section, or any provision thereof
or the application thereof to any person or circumstances, is held to be
invalid, the remaining sections or parts of sections and the application
of such provision to any other persons or circumstances, other than
those as to which it is held invalid, shall not be affected thereby and
it is hereby declared to be the intent that the other provisions of this
regulation would have been adopted independently of such section, sections,
or parts of a section so held to be invalid.
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FIGURE 9.1 FLOW DIAGRAM FOR OPERATING PERMIT SYSTEM
-------
REGULATIONS FOR PREVENTION OF AIR
POLLUTION EMERGENCY EPISODES
(8.0) AP-11-01. Air Pollution Emergency.
This regulation is designed to prevent the excessive buildup of air
pollutants during, air pollution episodes, thereby preventing the
occurrence of an emergency due to the effects of these pollutants on
the health of persons.
(8.0) AP-11-02. Eptsode Criteria. ,
Conditions justifying the proclamation of an air pollution alert, air
pollution warning, or air pollution emergency shall be deemed to exist
whenever the Director determines that the accumulation of air pollutants
in any place is attaining or has attained levels which could, if such
levels are sustained or exceeded, lead to a substantial threat to the
health of persons. In making this determination, the Director of Health
will be guided by the following criteria:
(A) "Air Pollution Forecast": An internal watch by the Department of
Health shall be actuated by a National Weather Service advisory
that Atmospheric Stagnation Advisory is in effect or the equivalent
local forecast of stagnant atmospheric condition.
(B) "Alert": The A'iert level is that concentration of pollutants at
which first stage control actions are to begin. An Alert will be
declared' when any one of the following levels is reached at any
monitoring site:
(1) S0£ - 800 ug./m3 (0.3p.p.m.), 24-hour average; or,
(2) Particiilate - 3.0 COHs of 375 ug./m3, 24-hour average; or,
(3) S02 and particulate combined - product of S02 p.p.m.,
24-hour average, and COHs equal to 0.2 or product of SOg -
ug./m3, 24-hour average, and particulate ug./m3, 24-hour
average equal to 65 x 1Q3; or>
(4) CO - 17 mg./m3 (15 p.p.m.), 8-hour average; or,
i
(5) Oxidant (03) - 200 ug./m3 (0.1 p.p.m.) - 1-hour average; or,
-49-
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(6) N02 - '1130 ug./m3 (0.6 p.p.m.), 1-hour average, 282 ug./m3
(0.15 p.p.m.), 24-hour average;
and meterorological conditions are such the pollutant concentrations can
be expected to ramairl at the above levels for twelve (12) or more hours
or increase unless control actions are taken.
(C) "Warning": The warning level indicates that air quality is continuing
to degrade and that additional control measures are necessary. A
warning will bs declared when any one of the following levels is
reached at any monitoring site:
(1) S02 - 1,600 ug./m3 (0.6 p.p.m.), 24-hour average; or,
(2) Particulate - 5.0 COHs or 625 ug./m3, 24-hour average; or,
(3) S02 and particulate combined - produce of SO? p.p.m., 24-hour
average and COHs equal to 0.8 or product of 502 ug./m3 24-hour
average and particulate ug./m3, 24-hour average equal to
261 x 103; or,
(4) CO - 34 mg./m3 (30 p.p.m.), 8-hour average; or,
(5) Oxidant (03) - 800 ug./m3 (0.4 p.p.m.), 1-hour average; or,
(6) N02 - 2,260 g./m3 (1.2 p.p.m.) - 1 hour average; 565 ug./m3
(0.3 p.p.m.), 24-hour average;
and meterorological conditions are such that pollutant concentrations
can be expected to remain at the above levels for twelve (12) or more hours
or increase unless control actions are taken.
(D) "Emergency": The emergency level indicates that air quality is
continuing to degrade to a level that should never be reached and
that the most stringent control actions are necessary. An emergency
will be declared when any one of the following levels is reached at
any monitoring site:
(1) S02 - 2,100 ug./m3 (0.8 p/p.m.), 24-hour average; or,
(2) Particu'late - 7.0 COHs or 875 ug./m3, 24-hour average; or,
(3) 302 and particulate combined - product of S02 p.p.m., 24-hour
average and particulate ug./m3, 24-hour average equal to
393 x 103; or,
•50-
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(4) CO - 46 mg./m3 (40 p.p.m.), 8-hour average; or,
(5) Oxidant (03) - 1,200 ug./m3, )0.6 p.p.m.), 1-hour average; or,
(6) N02 -' 3^000 ug./m3 (1.6 p.p.m.), 1-hour average; 750 ug./m3,
(0.4 p.p.m.), 24-hour average.
(E) "Termination": Once declared, any status reached by application
of these criteria will remain in effect until the criteria for
for that.level are no longer met. At such time, the next lower
status will be assumed.
(8.0) AP-11-03 Emission Control Action Programs
(A) Any person responsible for the operation of a source of air
contaminant which emits 0.25 tons per day or more of air contami-
nants for which air quality standards have been adopted shall
prepare emission control action programs, consistent with good
industrial practice and safe operating procedures, for reducing
the emission of air contaminants into the outdoor atmosphere during
periods of an AIR POLLUTION ALERT, AIR POLLUTION WARNING, and AIR
POLLUTION EMERGENCY. Emission control action programs shall be
designed to reduce or eliminate emissions of air contaminants into
the outdoor atmosphere in accordance with the objectives set forth
in Tables 1-5 vhich are made a part of this Section.
(B) Emission control action programs as required under Section (1) shall '
be in writing and show the source of air contamination, the approxi-
mate time required to effect the program, a brief description of the
manner in which the reduction will be achieved during each stage of ,
an air pollution episode, and such other information as the Board
shall deem pertinent.
(C) Emission control action programs shall be filed with the Board at '
the following times:
(1) Existing sources - Not later than six months after adoption of
these regulations;
(2) New sources - With application for Permit to Operate.
(d) During a condition of AIR POLLUTION ALERT, AIR POLLUTION EARNING,
and AIR POLLUTION EMERGENCY emission control action programs as
required,by Section (1) shall be made available on the premises
to any person authorized to enforce the provisions of the Board's
emergency procedure.
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(E) Emission control action programs as required by Section (1) shall
be submitted to the Board upon request within thirty days of the
receipt of such request; such emission control action programs
shall be subject to review and approval by the Board. If, in the
opinion of the Board, such emission control action programs do not
effectively carry out the objectives as set forth in Tables 1-5,
the Board may disapprove said emission control action programs,
state its reason for disapproval and order the preparation of
amended emission control action programs within the time period
specified in the order.
(8.0) AP-11-04 EMERGENCY ORDERSa
(A) Following are emergency orders which may be appropriate for use
by the Director of Health upon his declaration that an Air Pollution
Emergency Episode exists for any air contaminants for which air
quality standards have been adopted:
(1) Air Pollution Alert
(a) Any one or combination of air contaminants:
"Any person responsible for the operation of a source of
air contamination as set forth in Section AP-11-03 (1)
shall take all AIR POLLUTION ALERT actions as required
for such source of air contamination; and shall particularly
put into effect, the emission control action programs
for an AIR POLLUTION ALERT".
(b) Suspended particulate matter:
(!i) "There shall be no open burning by any persons of tree
waste, vegetation, refuse, or debris in any form".
(ii) , "The use of incinerators for the disposal of any form
of solid waste will be limited to the hours between
12:00 Noon and 4:00 PM".
(iii) "Persons operating fuel-burning equipment which re-
quires boiler lancing or soot blowing shall perform
such operations only between the hours of 12:00 Noon
(and 4:00 PM".
A) See footnote 1 at end of Appendix H - subscript "a" and this footnote
are not part of Regulation AP-11-04.
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(c) Nitrogen Oxides, Carbon Monoxide and Hydrocarbons:
(i) "There shall be no open burning by any persons of
tree waste, vegetation, refuse, or debris in any
• 'form".
(ii) "The use of incinerators for the disposal of any form
of solid waste shall be limited to the hours between
12:00 Noon and 4:00 PM".
(2) Air Pollution Warning
(a) Any one or combination of air contaminants:
"Any person responsible for the operation of a
source of air contamination as set forth in Section
AF-11-03 (1) shall take all AIR POLLUTION WARNING
actions as required for such source of air contamina-
tion; and shall particularly put into effect the '
emission control action programs for an AIR POLLUTION
WARNING".
(b) Suspended particulate matter:
(i) "There shall be no open burning by any persons of tree
waste, vegetation, refuse, or debris in any form".
(ii) "The use of incinerators for the disposal of any form
of solid waste or liquid waste shall be prohibited".
(iii) "Persons operating fuel-burning equipment which requires
boiler lancing or soot blowing shall perform such
operations only between the hours of 12:00 Noon and
4:00 PM".
(c) Nitrogen oxides, Carbon Monoxide and Hydrocarbons:
(i), "There shall be no open burning by any persons of
tree waste, vegetation, refuse, or debris in any form".
(ii) "The use of incinerators for the dispose! of any form
of solid waste or liquid waste shall be prohibited".
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(3) Air pollution emergency
(a) Any one\pr combination of contaminants:
(i) "Any, person responsible for the operation of a source
of aiir contamination as described in Section AP-11-03
(1) khall take all AIR POLLUTION EMERGENCY actions
as listed as required for such source of air contami-
natiqn; and shall particularly put into effect the
emission control action programs for an AIR POLLUTION
EMERGENCY".
(ii) "All manufacturing establishments except those included
in Section AP-11-04 (1) (c) l.a. will institute such
• • action as will result in maximum reduction of air
contaminants from their operations by ceasing, cur-
tailing, or postponing operations which emit air con-
taminants to the extent possible without causing in-
jury to persons or damage to equipment".
(iii) "All places of employment described below shall
immediately cease operations:
"Mining and quarrying of non-metallic minerals.
"All contract construction work except that which
must proceed to avoid physical harm.
"Wholesale trade establishments, i.e. places of
business primarily engaged in selling merchandise
to retailers, to industrial, commercial, in-
stitutional or professional users, or to other
wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such
persons or companies.
"All office of local, county, and state government
including authorities, joint meetings, and any
other public body; except to the extent that such
offices must continue to operate in order to en-
force the requirements of this order pursuant
to statute.
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"All retail trade establishments except
pharmacies and stores primarily engaged in
the sale of food.
"Banks; credit agencies other than banks; securi-
ties and commodities brokers, dealers, exchanges
and services; offices of insurance carriers,
agents and brokers; real estate' offices.
"Wholesale and retail laundries; laundry services
and cleaning and dyeing establishments; photo-
graphic studies; beauty shops, barber shops, shoe
repair shops.
"Advertising Offices; consumer credit reporting,
adjustment and collection agencies; duplicating,
addressing, blueprinting; photocopying, mailing,
mailing list and stenographic services; equip-
ment rental services; commercial testing
laboratories.
"Automobile repair, automobile services, garages.
"Establishments rendering amusement and recreation
services including motion picture theatres.
"Elementary and secondary schools, colleges,
universities, professional schools, junior
colleges, vocational schools, and public and
private libraries".
(iv) "There shall be no open burning by any persons
of tree waste, vegetation, refuse, or debris in
any form".
(v) "The use of incinerators for the disposal of any
form of solid or liquid waste shall be prohibited",
(vi) "The use of motor vehicles is prohibited except
in emergencies with the approval of local or
state police".
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(B) When the Director of Health determines that an Air Pollution
Episode condition exists at one or more monitoring sites solely
because of emissions from a limited number of sources, he may
order such source or sources to put into effect the emission con-
trol action programs which are applicable for each episode stage.
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(1.0) AP-13-01. Definitions.
As used in regulations AP-13-01 and AP-13-02:
(A) "Fuel-burning equipment" means any furnace, boiler, apparatus, stack,
and all appurtenances thereto, used in the process of burning fuel
for the primary purpose of producing heat or power by indirect heat
transfer.
' (B) "Incinerator" means any equipment, machine, device, article, con-
trivance, structure, or part of a structure used to burn refuse or
to process refuse material by burning, other than by open burning
as defined in AP-3-01(I).
(C) "Process" means any source operation, as defined in AP-2-01(R), ex-
cluding the operation of fuel-burning equipment and incinerators.
(D) "Fuel-burning equipment input capacity" means the maximum heat input
rate of any fuel-burning equipment. This maximum heat input rate
shall be the manufacturer's or designer's guaranteed maximum heat
input rate, or such other rate as may be determined by the Board in
accordance with good engineering practices. In the case of conflict,
the determination made by the Board shall govern.
(E) "Incinerator input capacity" means the manufacturer's or designer's
guaranteed maximum input rate or such other rate as may be determined
by the Board in accordance with good engineering practices. In case
of conflict, the determination made by the Board shall govern.
(F) "Process weight rate" means the total average hourly weight of all
materials 'introduced into the source operation including solid fuels,
but excluding gaseous fuels and liquid fuels when those are used
solely a$ fuels and excluding air introduced for the purpose of
combustion.
For a cyclical or batch operation, the process weight per hour will be
derived by dividing the total process weight by the number of hours in
one complete operation from the beginning of any given process to the
completion thereof, excluding any time during which the equipment is idle.
For a continuous operation, the process weight per hour will be derived
by dividing the process weight for a typical period of time.
(Adopted August 31, 1972; effective September 11, 1972.)
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AP-13-02. Fee Schedule.
The following fees shall be charged for the issuance of operating permits,
construction/modification (installation) permits, and variances:
FUEL-BURNING EQUIPMENT
All fuel-burning equipment using only natural gas or number two (2)
or lighter oil shall be assessed a fee one half of that shown.
Input Capacity
106 BTU/hour
1-10
10-100
100-300
300-500
500-above
INCINERATORS
Input Capacity
Pounds/hour '
0-50
50-500
500-2000
2000-30,000
30,000-above
Operating
$ 50
70
90
'no
130
Operating
$ 50
70
90
110
130
Variance
$ 75
150
225
300
375
Variance
$ 75
150
225
300
375
Installation
$ 65
130
195
260
325
Installation
$ 65
130
195
260
325
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PROCESS
In any process where "process weight rate" cannot be ascertained the
minimum fee shall be assessed.
Process Weight Rate
Pounds/hour
'0-1000
1000-5000
5000-10,000
10,000-50,000
50,000-above
The first operating
assessed no fee wne
a Construction/Modi
The following fees
and variances:
Operating
$ 50
70
90
110
130
Variance
$ 75
150
225
300
375
Installation
$ 65
130
195
260
325
permit issued for a new or modified source shall be
re such construction or modification was pursuant to
fi cation Permit issued by the Board.
shall be charged for
renewal of operating
permi ts
FUEL-BURNING EQUIPMENT
Input Capacity ,
106 BTU/hour
1-10
10-100
100-300
300-500
500-above
Operating
$ 15
30
40
50
65
Variance
$ 130
130
130
130
130
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Operating
$ 15
30
40
50
65
Variance
$ 130
130
130
130
130
INCINERATORS
Input Capacity
Pounds/hour
0-50
50-500
500-2000
2000-30,000
30,000-above
PROCESS
In any process where "process weight rate" cannot be ascertained the
minimum fee shall be assessed.
Process Weight Rate
Pounds/hour Operating Variance
0-1000 $ 15 $ 130
1000-5000 30 130
5000-10,000 40 130
10,000-50 ,,000, 50 130
50,000-above 65 130
The fees required by this regulation shall be due and payable upon
issuance or renewal of the permit or variance.
(Adopted August 31, 1972; effective September 11, 1972.)
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3745-35-03 Variances.
(A) General Rule. No person shall cause, permit, or allow the
operation or other use of any air contaminant source that emits
any air pollutant in violation of any applicable law, unless a
variance including an approved compliance schedule has been applied
for and obtained from the Director for such source, pursuant to
the p'rovisions of this rule.
i
(B) Applications for Variances
(1) Applications for variances shall be signed by the corporate
President, Vice President reporting directly to the President,
or highest ranking corporate officer with offices located in
the state; or by an equivalently responsible officer in the
case of organizations other than corporations; or, in other
cases, by the source owner or operator; or in the case of
political subdivision, the highest elected official of such
subdivision. Such signature shall constitute affirmation
that the statements made in the application are true and com-
plete, and shall subject the responsible official to liability
under state laws forbidding false or misleading statements.
By his signature, the responsible officer shall assume re-
sponsiblity for operating and maintaining the source and con-
trol equipment in a manner disigned to assure compliance with
applicable law and the terms and conditions of any variances
issued to such source.
(2) Applications for variances shall be submitted to the Ohio EPA
within six months of the effective date of these regulations
for existing air contaminant sources not in compliance with
applicable law on that date. Failure to file a timely applica-
tion shall be cause for the Director to issue an order imme-
diately prohibiting all emissions from the source.
(3) Applications for variances shall be made in a form and manner
prescribed by the Ohio EPA.
(4) A separate application for a variance shall be made for each
air contaminant source to which this rule, 3745-35-03 applies.
(5) Any variance application that fails to contain a compliance
schedule or that, on its face, fails to provide the Ohio EPA
with requested information needed to provide a factual basis
for ascertaining compliance with each of the requirements of
3745-35^03 (C)! (1) nfay be considered defective and be treated
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as if it hes not been filed. No hearing need be granted with
respect to such improper applicatons, which shall be returned
to the applicant without further processing with an indication
of the, deficiency.
(C) Standards for Granting Variances.
(1) No variance to operate an air contaminant source shall be
granted unless:
(a) Such source is not a new source; and
(b) There is an approvable compliance schedule for such
source. A compliance schedule shall be approvable
where it shows to the satisfaction of the Director
that:
(i) The plan and schedule provide for the earliest
possible compliance by the source; and,
(ii) Any available alternative operating procedures
and interim control measures have reduced or
will reduce the impact of such source on the
public health; and,
(iii) Good faith efforts have been and will be made
to reduce emissions, or otherwise comply with
any state or local laws, ordinances or regula-
tions; and,
1 (iv) The proposed control strategy will bring the
source into compliance with applicable laws,
rules and regulations; and,
(v) The continued operation of the source does not
endanger or threaten to endanger human health;
and,
i
(vi) The compliance schedule contains a date on or
before which the source shall be operated in
compliance with applicable law, rules and
regulations.
(2) Except as provided in Section 3704.12 of the Ohio Revised
Code, no variance shall be granted from the provision of
Chapter 3745-19 governing open burning.
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(D) Action on Applications for Variance.
(1) Prior to taking any action on an application for a variance
the Ohio EPA may hold a public meeting on the proposed com-
pliance schedule in the manner specified in the Rules of
Procedure of the Ohio EPA, Chapter 3745-47.
(2) In granting, revoking, denying, or modifying any variance,
the,Director shall state his reasons therefore in writing.
The decision and reasons therefore shall be made publicly
available at the cost of reproduction and handling.
(3) The Director shall act on an application for a variance
within six months of filing a complete application.
(4) Variances under this rule shall be issued or denied and may
be challenged in accordance with the provisions of the Rules
of Procedure of the Ohio EPA, Chapter 3745-47.
(E) Interim Reporting. In addition to the other registration and re-
porting requirements of all air contaminant sources, the holding
of a variance shall file reports every two months or as required
by the Ohio EPA which shall be signed by the applicant for the
variance. These reports shall demonstrate, to the satisfaction
of the Director that the source for which the variance was issued
is making consistent progress and has met all interim deadlines
specified in the compliance schedule or specified by the Ohio EPA.
If the responsible official fails to file an interim report, or if
such report fails to satisfy the Director that the source is making
satisfactory progress, then he shall revoke the variance. The
variance holder shall assume full person responsibility for the
completeness and accuracy of statements made in the interim report.
False, or misleading statements in an interim report shall be
grounds for revocation of the variance, and shall subject the
variance holder to the sanctions available under state laws.
(F) Terms and Conditions.
(1) An approved compliance schedule shall be incorporated into any
variance granted and shall be a term and condition thereof.
(2) Variances shall be effective for whatever period the Director
deems appropriate, not to exceed one year. A variance may be
renewed only when the Ohio EPA is satisfied that the source
for which the variance was granted is making satisfactory
progress toward achievement of the program specified in i£s
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compliance schedule. No variance to operate an air contami-
nant source in an air quality control region designated as
Priority I, II, or III, in violation of an emission standard
applicable to such region and source, shall be effective
after April 15, 1977, except as provided in the following
sentence. No variance to operate an air contaminant source
in an air quality control region designated as Priority II
or Priority III in violation of 3745-17-10 (B) (4) or
3745-17-11 (B) (5) or 3745-17-13 (B)(5) shall be effective
after July 1, 1978.
(3) The possession of a variance to operate in excess of any
emission standard, limitation, or regulation of the Ohio
EPA shall not relieve the holder of responsibility to
comply with all other applicable law and regulations of the
Ohio EPA.
(4) Any variance issued by the Director shall be subject to
revision in response to changes in applicable rules and
regulations or other factors affecting the compliance of
the source or control facility with the standards or conditions
or the original variance.
(5) The transferee of any variance shall, personally, assume the
responsibilities of the original variance holder-transferor.
The Ohio EPA must be notified in writing of any transfer of
a variance.
(6) Such air pollution emergency episode plans as are submitted
and approved shall become terms and conditions of the
variance and shall have full force and effect as a part
' thereof.
(7) The Director may include such other terms and conditions
as are; necessary to ensure compliance with applicable law
or to gather information about ambient air quality emissions
levels, or other aspects of the source operation.
(G) Variance No Defense to Violations.
Possession of a variance relieving an air contaminant source from
having immediately to comply with any requirement of applicable
law shall not relieve any such source of the responsibility to
comply with all other requirements of applicable law.
(H) Revocation.
(1) The Director shall revoke a variance if he determines that
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any of the terms, conditions, standards, or requirements
of Sections (C), (E), or (F) of this rule have been or will
be violated.
(2) A variance that has been revoked shall forthwith be
surrendered to the Ohio EPA.
Effective Date: July 28, 1975
, former Rule Number: EP-32-03
Promulgated under: RC Chap 119
Statutory Authority: RC| 3704.03
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FEDERALLY PROMULGATED
REGULATIONS
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(9.0) |52.1878 Inspection and maintenance program.
(a) Definitions:
(1) "Inspection and maintenance program" means a program to
reduce emissions from in-use vehicles through identifying
vehicles that need emission control related maintenance
and requiring that such maintenance be performed.
(2) All other terms used in this section that are defined in
40 CFR Part 51, Appendix N are used herein with the mean-
ings so defined.
(b) This section is applicable in Hamilton County, Ohio (including the
City of Cincinnati).
(c) The County of Hamilton and the City of Cincinnati shall establish
an inspection and maintenance program applicable to all light-
duty motor vehicles owned and operated within their respective
geographic jurisdictions on streets, roads, and highways over which
they have owner-ship or control.
(d) Not later than April 1, 1974, the County of Hamilton and the City
of Cincinnati shall submit to the Administrator, for his approval,
legally adopted regulations establishing the inspection/mainten-
ance program required by paragraph (c) of this section. The
regulations 'shall include:
(1) (i) Provisions requiring inspection of all light-duty
motor vehicles owned and operated within their re-
spective geographic jurisdictions on streets, roads,
and highways over which they have ownership and
control (jointly or individually) at periodic inter-
'vals no more than 1 year apart by means of an idle
test.
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(ii) The State may exempt any class or category of vehicles
that the State finds are rarely used on public streets
and highways (such as classic or antique vehicles).
(2) Provisions for inspection failure criteria consistent with
an initial failure rate of at least 30 percent of the
vehicles tested before maintenance.
(3) Provisions ensuring that failed vehicles receive within 2
weeks the maintenance necessary to achieve compliance with
the inspection standards. These shall, at a minimum,
impose sanctions against individual owners and repair
facilitiss, require retest of failed vehicles following
maintenance, establish a certification program to ensure
that repair facilities performing the required maintenance
have the necessary equipment, parts, and knowledgeable
operators to perform the tests satisfactorily, and provide
for such other measures as necessary or appropriate.
(4) Provisions prohibiting vehicles from being intentionally
readjusted or modified subsequent to the inspection and/or
maintenance in such a way as would cause them to no longer
comply with the inspection standards. These might include
authorization of spot checks of idle adjustment? and/or re-
quiring a suitable type of physical tagging of vehicles.
These provisions shall include appropriate penalties for
violation.
(5) Designation of an agency or agencies responsible for conduc-
ting, overseeing, enforcing the inspection and maintenance
program. Private parties may be designated to conduct parts
of the program to certify compliance.
(6) Provisions ensuring that, with regard to the first inspection,
the inspection and maintenance necessary to achieve compli-
ance With the applicable emission standards referred to in
paragraph (d)(2) be completed by May 31, 1975, for at least
five-twelfths (5/12) of the vehicles subject to the inspec-
tion system.
(e) After December 31, 1975, no program in the County of Hamilton, the
City of Cincinnati, the State of Ohio shall allow the registration
of title, or allow the operation on streets, roads, or highways
under its control of any light-duty, spark-ignition-powered motor
vehicle subject to the inspection program(s) established pursuant
to this section that does not comply with the applicable standards
and procedures, as defined in paragraph (d)(2) of this section.
This shall not apply to the initial registration of new vehicles.
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(f) After December 31, 1975, no person shall operate or allow the
operation of a light-duty motor vehicle subject to the inspection
program(s) established pursuant to this section that does not
comply with.the applicable standards and procedures, as defined
in paragraph (d)(2) of this section. This shall not apply to the
initial registration of new vehicles.
(g) No later than February 1, 1974, the County of Hamilton and the
City of Cincinnati shall submit to the Administrator, for his
approval, a detailed compliance schedule showing the steps they
will take to establish, operate, and enforce the inspection/
maintenance program required by paragraph (c) of this section in-
cluding:
(1) A description of the legal authority for establishing and
enforcing the inspection/maintenance program, including the
text of proposed or adopted legislation and regulations.
(2) Specific dates (day, month, and year) by which various steps
to implement the inspection/maintenance system will be com-
pleted, such steps to include, at a minimum, the following:
Submitting final plans and specifications for the system to
the Administrator for his approval, ordering necessary equip-
ment, commencement of on-site construction and/or install-
ation, completion of on-site construction and/or installation
and system operation (this last date to be no later than
January 1. 1975).
(3) An identification of the sources and amounts of funds
necessary to implement the system, together with written
assurances from the chief executive officers of the city and
county that they will seek any necessary funding from the
appropriate legislative bodies.
(4) Other necessary provision to carry out the Program.
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10.0) S52.1879 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
i
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
/
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
' (v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
\
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
i
(a) The name and address of the applicant.,
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
1 tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(1i) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) the determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
, , ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
i
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or cormrittee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public'.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
ba located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-.
' structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(5) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
,i
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (11) of this section.
(1i) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
sectipn and would pot be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek.review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking .supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(10.0) s 52.1879 Review of new sources and modifications
(c) The requirements of §51.18(h) of this chapter are not met because the
State failed to submit procedures providing for public comment on re-
view of new or modified stationary sources.
(d) Regulation providing for public comment.
(1) For purposes of this paragraph, "Director" shall mean the
"Director of the Ohio Environmental Protection Agency".
(2) Prior to approval or disapproval of the construction or modifi-
cation of a stationary source, the Director shall:
(i) Make a preliminary determination whether construction or
modification of the stationary source should be approved,
approved with conditions or disapproved.
(ii) Make available in at least one location in the region in
which the proposed stationary source would be constructed
or modified, a copy of the Director's preliminary determi-
nation, and a copy or summary of other materials, if any,
considered by the Director in making his preliminary
1 determination; and
(iii) Notify the public, by prominent advertisement in a
newspaper of general circulation in the region in which
the proposed stationary source would be constructed or
modified, of the opportunity for public comment on the
information submitted by the owner or operator and the
Director's preliminary determination on the approvability
of the new or modified stationary source.
(3) A copy of the notice required pursuant to this paragraph shall
be sent to the Administrator through the appropriate regional
office and to all other State and local air pollution control
agencies having jurisdiction within the region where the
stationary source will be constructed or modified.
(4) Public comments submitted in writing within 30 days of the date
such information is made available shall be considered by the
Director in making his final decision on the application.
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(50.2) §52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
(a) The requirements of §51.13 of this chapter are not met because
the Ohio plan does not provide for attainment and maintenance of
the national standards for sulfur oxides (sulfur dioxide).
(b) Regulations for the control of sulfur dioxide in the State of
Ohio.
(1) Definitions - All terms used in this paragraph but not
soecific^lly defined below shall have the meaning given
them in the Clean Air Act or Parts 51, 52, or 60 in this
Chapter.
(i) /By-product coke oven gas" means the gas produced
during the production of metallurgical coke in slot-
type, by-product coke batteries.
(ii) "Flue gas desulfurization" means any pollution control
process which treats stationary source combustion flue
gas to remove sulfur oxides.
(iii) "Fossil Fuel" means natural gas, refinery fuel gas,
coke oven gas, petroleum, coal and any form of solid,
liquid, or gaseous fuel derived from such materials.
(iv) "Fossil fuel-fired steam generating unit" means a fur-
nace or boiler used in the process of burning fossil
fuel for the purpose of producing steam by heat
transfer.
(v) "Heat input" means the total gross calorific value
(where gross calorific value is measured by ASTM
Method D2Q15-66, D240-64, or D1826-64) of all fossil
and non-fossil fuels burned. Where two or more fossil
'fu3'l-fired steam generating units are vented to the
same stack the heat input shall be the aggregate of all
units vented to the stack.
t
(vi) "Owner or operator" means any person who owns, leases,
operates, controls, or supervises a facility, building,
structure, or installation which directly or indirectly
results or may result in emissions of any air pollutant
for which a national standard is in effect.
»
(vii) "Primary zinc smelter" means any installation engaged
in the production, or any intermediate process in the
production, of zinc or zinc oxide from the zinc sulfide
ore concentrates through the use of pyrometallurgical
techniques.
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(viii) "Process" means any source operation including any
equipment, devices, or contrivances and all appurten-
ances thereto, for changing any material whatever or
for storage or handling of any materials, the use of
which may cause the discharge of any air contaminant
into the open air, but not including that equipment
defined as fossil fuel fired steam generating units
in these regulation. Duplicate or similar parallel
operations within a structure, building, or shop shall
be considered as a single process for purposes of this
regulation.
(ix) "Process weight" means the total weight of all materials
and solid fuels introduced into any specific process4
Liquid and gaseous fuels and combustion air will not
be considered as part of the process weight unless
they become part of the product. For a cyclical or
batch operation, the process weight per hour will be
derived by dividing the total process weight by the
number of hours from the beginning of any given
process to the completion thereof, excluding any
time during which the equipment is idle. For a
continuous operation, the process weight per hour will
be derived by dividing the process weight for the
number of hours in a given period of time by the number
of hours in that period. For fluid catalytic cracking
units, process weight shall mean the total weight of
material introduced as fresh feed to the cracking unit.
For sulfuric acid production units, the nitrogen in
~che air feed shall not be included in the calculation
of process weight.
(x) "Run" means the net period of time during which an
emission sample is collected. Unless otherwise speci-
v fied, a run may be either intermittent or continuous
within the limits of good engineering practice as
determined by the Administrator.
(xi) "Source operation" means the last operation preceding
the emission of an air contaminant, which operation
(a) results in the separation of the air contaminant
from process materials or in the conversion of the
process materials into air contaminants, as in the
case of combustion of fuel; and (b) is not primarily
an air pollution abatement operation.
i
(xii) "Stack" means any chimney, flue, vent, roof monitor,
conduit or duct arranged to vent emissions to the
ambient air.
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(xiii) "Sulfur recovery plant" means any plant that recovers
elemental sulfur from any gas stream.
(xiv) "Sulfuric acid production unit" means any facility
producing sulfuric acid by the contact process by
burning elemental sulfur, alkylation acid, hydrogen
sulfide, organic sulfides and mercaptans, or acid
sludge,
(xv) "Total rated capacity" means the sum of the rated
capacities of all fuel-burning equipment connected to
a common stack. The rated capacity shall be the
maximum guaranteed by the equipment manufacturer or
the maximum normally achieved during use as determined
by the Administrator, whichever is greater.
(2) Test Methods and Procedures - Unless specified below, the
test methods and procedures used for determining compliance
with the applicable subparagraphs of |52.1881(b) shall be
those prescribed in Part 60 of this chapter. Compliance
tests shall be conducted under such conditions as the
Administrator shall specify based on representative per-
formance of the affected facility. Notification and record-
keeping procedures shall be those prescribed in §60.7 of this
chapter. The owner or operator shall make available to the
Administrator such records as may be necessary to determine
the conditions of the performance tests. A compliance test
1 shall consist of at least three runs.
(i) The test methods and procedures used for determining
'Compliance for any sulfur recovery plant subject to
applicable subparagraph, of |52.1881(b) shall be those
prescribed in §60.46 of this chapter with the excep-
tion that the maximum amount of sulfur dioxide sampled
by Method 6 shall not exceed 50 percent of the
stcichiometric amount of hydrogeh peroxide absorbent.
(ii) 'The test methods and procedures used for determining
compliance for any sulfuric acid production unit, or any
primary zinc smelter subject to the applicable subpara-
graphs of §52.1881(b) shall be those prescribed in
§60.85 of this chapter.
(iii) The test methods and procedures used to determine the
compliance of any stack venting any fossil fuel-fired
steam generating units subject to the applicable
subparagraphs of |52.1881(b) shall be those prescribed
in §60.46 of this chapter. The test methods for
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determining the sulfur content of fuels shall be those
specified in §60.45 of this chapter.
(3) Severability - If any provision of these regulations or the
application thereof to any person or circumstances is held
to be invalid, such invalidity shall not affect other pro-
visions or application of any other part of these regulations
which can be given effect without the invalid provisions or
application, and to this end the provisions of these regu-
lations and the various applications thereof are declared
to be severable.
(4) Submission of Information - The submission of any information
required under §52.1882 shall be made to the Director,
Enforcement Division, U.S. Environmental Protection Agency,
Region V, 230 South Dearborn, Chicago, Illinois, 60604,
Attention Air Compliance Section.
(5) For purposes of this regulation, stack and boiler identifi-
cation numbers used in this paragraph were derived from
correspondence submitted to the U.S. EPA by the affected
owners or operators, and may be found in the record support-
ing this rulemaking.
(6) This paragraph contains no applicable provisions in the fol-
lowing counties of Ohio: Ashland, Brown, Carroll, Champaign,
Clinton, Darke, Defiance, Fayette, Fulton, Geauga, Guernsey,
Hardin, Harrison, Highland, Hocking, Holmes, Jackson, Kr.ox,
Logan, Madison, Monroe, Morrow, Noble, Perry, Portage,
Preble, Putnam, Shelby, Union, Van Wert, Warren, Williams and
Wyandot, not does it apply to facilities equal to or less
than 10 million BTU per hour total aggregate rated capacity
of all units at a facility.
(7) - (10) Reserved.
(11) In Adams County:
(i) The Dayton Power and Light Company or any subsequent
'owner or operator of the Stuart Power Plant in Adams
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at the Stuart Plant in
excess of 3.16 pounds of sulfur dioxide per million
BTU actual heat input.
(ii) Jn leiu of meeting subparagraph (ll)(i), the Dayton
Power and Light Company may elect, in accordance with
the compliance schedule provisions of §52.1882, to
comply with the emission limitations which will satisfy
the following equation:
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(A) 0.0791 (ELi+ EL2+EL3+EL4*!
where EL-j is the emission limitation (pounds
per million BTU) per stack i and i is the stack
number. For purposes of this regulation, each
stack is identified as follows:
Stack No. : Boiler identification
1 1
2 2
3 3
4 4
(12) In Allen County:
(i) The Ford Motor Company or any subsequent owner or
operator of the Ford Motor Company facilities at Allen
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack in excess of 3.40 pounds
of sulfur dioxide per million BTU actual heat input.
(ii) The present or any subsequent owner or operator of the
Lima State Hospital at Allen County, Ohio shall not
. cause or permit the emission of sulfur dioxide from
any stack in excess of 5.39 pounds of sulfur dioxide
per million BTU actual heat input.
(iii) The Vistron Corporation or any subsequent owner or
operator of the Vistron Corporation facilities at Allen
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack in excess of 1.27 pounds
of sulfur dioxide per million BTU actual heat input.
(iv) The Standard Oil Company or any subsequent owner or
operator of the Standard Oil Company facilities at
Allen County, Ohio shall not cause or permit the
emission of sulfur dioxide in excess of the rates
specified below
(v) The Ohio Power Company or any subsequent owner or
operator of the Woodcock Power Plant in Allen County,
tOhio, shall not cause or permit the emission of sulfur
dioxide from any stack of the Woodcock Power Plant
in excess of 4.38 pounds of sulfur dioxide per million
BTU actual heat input.
(A) 100 pounds of sulfur dioxide per 1COO pounds of
sulfur processed at the Claus unit.
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(B) 0.30 pounds of sulfur dioxide per 1000 pounds
of petroleum products at the Fluid Catalytic
Cracker/Carbon Monoxide Boiler.
(C) 11.00 pounds of sulfur dioxide per ton of
production at the Trolumen unit.
(D) 0.71 pounds of sulfur dioxide per million BTU
actual heat input at the Iso Stabilizer and Split
Heaters - B002.
(E) 0.21 pounds of sulfur dioxide per million BTU
actual heat input at the Vac I Heater - BG12.
(F) 0.13 pounds of sulfur dioxide per million BTU
actual heat input from all remaining process
heaters and fossil fuel-fired steam generators.
(13) In Ashtabula County:
(i) The Cleveland Electric Illumination Company or any
subsequent owner or operator of the Ashtabula Power
Plant in Ashtabula County, Ohio shall not cause or
permit the emission of sulfur dioxide from any of
the stacks 1,2, and 3 at the Ashtabula Plant in excess
cf 2.40 pounds of sulfur dioxide per million BTU actual
heat input. Emissions of sulfur dioxide from stack
4 at the Ashtabula Plant shall not exceed 9.10
pounds of sulfur dioxide per million BTU actual heat
input. Emissions of sulfur dioxide from stack 5 at
'the Ashtabula plant shall not exceed 8.20 pounds of
sulfur dioxide per million BTU actual heat input.
(ii) The RMI Corporation, or any subsequent owner or
operator of the RMI Corporation metal reduction plant
in Ashtabula County, Ohio shall not cause or permit
emissions of sulfur dioxide in excess of 4.80 pounds
of sulfur dioxide per million BTU actual heat input.
(iii) The RMI Corporation, or any subsequent owner or
> operator of the RMI Corporation sodium plant at Ash-
tabula County, Ohio shall not cause or permit the
emissions of sulfur dioxide in excess of 2.70 pounds
of sulfur dioxide per million BTU actual heat input.
(iv) The General Tire and Rubber Company, or any subsequent
owner or operator of the General Tire and Rubber Com-
pany Plant at Ashtabula County, Ohio shall not cause
or permit the emissions of sulfur dioxide in excess
of 1.30 pounds of sulfur dioxide per million BTU actual
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heat input.
(v) The New Jersey Zinc Company or any subsequent owner
or operator of New Jersey Zinc Company Plant at
Ashtabula County, Ohio shall not cause or permit
the emission of sulfur dioxide in excess of 1.50
pounds of sulfur dioxide per million BTU actual
heat input at any oil burning unit.
(14) In Athens County:
(1)
(11)
(111)
No owner or operator of any fossil fuel-fired steam
generating unit, unless otherwise specified below,
shall cause or permit the emission of sulfur dioxide
from any stack in excess of 7.50 pounds of sulfur
dioxide per million BTU actual heat input.
The Columbus and Southern Ohio Power Company or any
subsequent owner or operator of the Poston Power Plant
in Athens County, Ohio shall not cause or permit
the emission of sulfur dioxide from stacks 1 and 2 at
the Poston Plant in excess of 3.72 pounds of sulfur
dioxide per million BTU actual heat input. Stack
number 3 is subject to New Source'Performance Standards
and is limited to 1.2 pounds of sulfur dioxide per
million BTU of actual heat input.
In lieu of meeting subparagraph (14)(ii), the Columbus
and Southern Ohio Power Company may elect in accordance
'with the compliance schedule provisions of §52.1882,
to comply with the emission limitations which will
satisfy all of the following equations:
(A) 0.1932 ELi+ 0.0757 EL2^1
(B) 0.1369 ELi+ 0. 1276 El_2 ^1
'(C) 0.1230 ELJ+ 0.1406 EL2^1
where ELi is the emission limitation (in pounds of
sulfur dioxide per million Btu of actual heat input)
per stack i, and i is the stack number. For purposes
of this regulation, each stack is identified as follows:
Stack No.
1
2
3......
Boiler identification
.1, 2
.3, 4
.B, 6
(15) In Auglaize County, the Goodyear Tire and Rubber Company,
of any subsequent owner or operator of the Goodyear Tire
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and Rubber Company facilities in Auglaize County, Ohio shall
not cause or permit the emission of sulfur dioxide from
any stack in excess of 4.20 pounds of sulfur dioxide per
million BTU actual heat input.
&
(16) In Belmont County:
(i) The Wheeling Pittsburgh Steel Company or any subsequent
owner or operator of the Martins Ferry Steel Plant in
Belmont County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at the Martins
Ferry facility in excess of 2.60 pounds of sulfur
dioxide per million BTU actual heat input.
(17) In Butler County:
(i) No present or subsequent owner or operator, unless
otherwise specified in this subparagraph, of any fossil
fuel-fired steam generating unit(s) located in Butler
County, Ohio shall cause or permit sulfur dioxide
emissions from any stack in excess of 1.40 pounds of
sulfur dioxide per million BTU actual heat input.
(ii) No present or any subsequent owner ov operator, unless
otherwise specified in this subparagraph. of a by-
product coke oven located in Butler County, Ohio, shall
cause or permit the combustion of by-product coke even
gas containing a total sulfur content expressed as
hydrogen sulfide in excess of 100 grains of hydrogen
sulfide per 100 dry standard cubic feet of coke oven
gas or the emission of sulfur dioxide from any stack
at this facility in excess of 0.50 pounds of sulfur
dioxide per million BTU actual heat input.
(iii) The Armco Steel Company or any subsequent owner or
operator of the Armco Steel-Hamilton Plant located in
Butler County, Ohio shall cause or permit the com-
bustion of by-product coke oven gas containing a total
sulfur content expressed as hydrogen sulfide in excess
of 146 grains of hydrogen sulfide per 100 dry standard
cubic feet of coke oven gas or the emission of sulfur
dioxide from any stack at this facility in excess of
0.73 pounds of sulfur dioxide per million BTU actual
heat input.
(iv) The Armco Steel Company or any subsequent owner or
operator or the Armco Steel-Middletown Plant located
in Butler County, Ohio shall not cause or permit
emissions of sulfur dioxide from fossil fuel-fired
-------
steam generating units numbered BOOl, 8,002, B003,
and B004 in excess of 2.11 pounds of sulfur dioxide
per million BTU actual heat input and from fossil
fuel-fired steam generating units numbered B007,
BOOB, B009, and B010 in excess of 1.79 pounds of
sulfur dioxide per million BTU actual heat input.
(v) The Champion Paper Company or any subsequent owner
or operator of the Champion Paper facilities located
in Butler County, Ohio shall not cause or permit
emissions of sulfur dioxide from fossil fuel-fired
steam-generating units numbered B010 and B020 in excess
of 3.43 pounds of sulfur dioxide per million BTU actual
heat input.
(18) In Clark County:
(i) The Ohio Edison Company or any subsequent owner or
operator of the Mad River Power Plant in Clark County,
Ohio, shall not cause or permit the emission of sulfur
dioxide from any of the stacks 1^2, and 3 at the Mad
River Plant in excess of 4.62 pounds of sulfur dioxide
par million BTU actual heat input. Emissions of
sulfur dioxide from stacks 4 and 5 at the Mad River
Plant shall not be in excess of 1.00 pounds of sulfur
dioxide per million BTU actual heat input.
(ii) In lieu of meeting subparagraph (18)(i), the Ohio
Edison Company may elect for stacks 1,2, and 3 only, in
accordance with the compliance schedule provisions of
§52.1882, to comply with the emission limitations which
will satisfy all of the following equations:
(A) 0.0995 (ELi+ El_2) + 0.0173
(B) 0.0498 (ELi+ El_2) + 0.0516 ELs ^
(C) 0.0735 (ELj+ EL2) + 0.0190
where EL-j is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purposes
cf this regulation each stack is identified as follows:
Stack No. : Boiler identification
1 ................... 1
2 ................... 2
4 ................... A (Turbine)
5 ................... B (Turbine)
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(19) In Clermont County:
(i) The Cincinnati Gas & Electric Company or any
subsequent owner or operator of the Beckjord Power
Plant in Clermont County, Ohio, shall not, cause or
permit the emission of sulfur dioxide from any stack
at the Beckjord plant in excess of 2.02 pounds of sulfur
dioxide per million BTU actual heat input.
i
(ii) In- lieu of subparagraph (19)(i) the Cincinnati Gas
and Electric Company may elect, in accordance with
the compliance schedule provisions of §52.1882,
to comply with the emission limitations which will
satisfy all of the following equations:
(A) 0.1426 ELi+0.1629 EL2+0.0667 EL3
+0.0823 EL4+0.0122
(B) 0.1252 ELi+0.1349 EL2+0.1003 EL
+0.1192 EL4+0.0155
(C) 0.0337 ELi+0.0353 El_2+0.0382 ELa
+0.0451 EL4Jr0.0709 EL 5 £l
(D) 0.1334 ELi+0.1492 EL2+0.0740 EL3
+0.0904 EL4+0.0247 ELs ^1
(E) 0.0249 ELi+0.0257 EL2+0.0283 EL-3
+0.0332 EL4+0.0841 El_5 ^1
where EL-,- is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purposes
of this regulation each stack is identified as follows:
Stack No.: Boiler Identification
1
2
3
4
5
1
2
3
4
5,6
(20) In Columbiana County, no present or any subsequent owner or
operator of any fossil fuel-fired steam generating unit(s)
operating in Columbiana County, Ohio shall casue or permit
emission of sulfur dioxide from any stack in excess of 4.40
pounds of sulfur dioxide per million BTU actual heat input.
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(21) In Coshocton County:
(i) The Columbus and Southern Ohio Power Company or any sub-
sequent owner or operator of the Conesville Plant in Co-
shocton County, Ohio shall not cause or permit the
emission of sulfur dioxide from any of the stacks 1, 2,
and 3 at the Conesville Plant in excess of 5.66 pounds
of sulfur dioxide per million BTU actual heat input.
Stack 4 at the Conesville Plant is subject to New Source
Performance Standards and is limited to 1.2 pounds of
sulfur dioxide per million BTU actual heat input.
(ii) In lieu of meeting subparagraph (21) (i), the Columbus
and Southern Ohio Power Company may elect for stacks 1,
2, and 3 only, in accordance with the compliance
schedule provision of § 52.182, to comply with the
emission limitations which will satisfy all of the
^, "lowing equations:
(A) 0.0677 EL.T+0.0411 EL2+0.0065 EL341
(B) 0.0707 ELl+0.0730 £1.2+0.0011
(C) 0.0623 ELi+0.0767 El_2+0.0013
(D) 0.0565 EL!+0.0337 EL2+0.0866
(E) 0.0401 ELi+0.0683 EL2+0.0026 El_3 &1
(F) 0.0410 ELi+0.1021 EL2+0.0 EL *1
where EL-j is the emission limitation (pounds per million
BTU) per stack i, and i is the stack number. For pur-
poses of this regulation each stack is identified as
follows:
Stack No.: Boiler Identification
1 ............................ 1,2
2 ............................ 3
3 ............................ 4
4 ............................ 5,6
(22) In Crawford County, no present or any subsequent owner or
operator of any fossil fuel-fired steam generating unit(s)
operating in Crawford County, Ohio, shall cause or permit
emissions of sulfur dioxide from any stack in excess of 9.60
pounds of sulfur dioxide per million BTU actual heat input.
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(23) In Cuyahoga County, no owner or operator, unless otherwise
specified in this subparagraph, shall cause or permit
emission of sulfur dioxide from any stack in excess of the
rates specified below:
(i) For fossil fuel-fired steam generating units between 10.0
and 350X1O5 BTU's per hour total rated capacity of heat
input, the emission rate in pounds of sulfur dioxide per
million BTU actual heat input shall be calculated by the
following equation: n ,m.
EL=7.014 Qm"U-JUI4
where Qm is the total rated capacity of heat input in
million BTU per hour and EL is the allowable emission
rate in pounds of sulfur dioxide per million BTU actual
heat input.
(ii) For fossil fuel-fired units equal to or greater than 350
million BTU per hour total rated capacity, 1.20 pounds
of sulfur dioxide per milliln BTU of actual heat input.
(iii) (A) The Republic Steel Corporation or any subsequent
owner or operator of Republic Steel facilities
located in Cuyahoga County, Ohio shall not cause
or permit the combustion of by-product coke oven
gas at the basic oxygen furnace shop, open hearth
shop, blast furnaces 1, 4 and 5, foundry, P-Anneals
1-4, and car thaw 1-1 through 1-4, containing
a total sulfur content expressed as hydrogen
sulfide in excess of 240 grains of hydrogen sulfide
per 100 dry standard cubic feet of coke oven gas
or the emission of sulfur dioxide from any stack
at the above facilities in excess of 1.20 pounds
of sulfur,dioxide per million BTU actual heat input.
(B) The Republic Steel Corporation or any subsequent
owner or operator of Republic Steel facilities
located in Cuyohoga County, Ohio, shall not cause
or permit the emission of sulfur dioxide from any
stack attached to the Open Hearth precipitator
unite 111 and 112, 98-inch slab furnace units 1,
2, 3, 4, and 5, and the sinter plant at this
facility in excess of 0.00 pounds of sulfur
dioxide per million BTU actual heat input.
(C) The Republic Steel Corporation or any subsequent
owner or operator of Republic Steel facilities
located in Cuyahoga County, Ohio, shall not cause
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or permit the combustion of by-product coke oven
gas at the 84-inch slab furnace units 1, 2, and -
3 containing a total sulfur content expressed as
hydrogen sulfide per 100 dry standard cubic feet
of coke oven gas or the emission of sulfur
dioxide from any stack at the above facilities in
excess of 1.24 pounds of sulfur dioxide per
million BTU actual heat input.
(iv) The Cleveland Electric Illuminating Company or any sub-
sequent owner or operator of the Lake Shore Power Plant
located in Cuyahoga County, Ohio shall not cause or permit
the emission of sulfur dioxide from any stack at the Lake
Shore Plant in excess of the following rates:
(A) 1.30 pounds of sulfur dioxide per million BTU
of actual heat input from unit no. 18.
(B) 1.90 pounds of sulfur dioxide per million BTU
. of actual' heat input for units 91 through 94.
(V) The City of Cleveland or any subsequent owner or operator
of the Division Pumping Station located at Cuyahoga County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at the Division Pumping Station in
excess of 4.20 pounds of sulfur dioxide per million BTU
of actual heat input.
(vi) No present or subsequent owner or operator of the fossil
fuel-fired steam generating units listed herein shall
cause or permit the emission of sulfur dioxide from any
stack attached to the identified boilers in excess of
1.09 pounds of sulfur dioxide per million BTU of actual
heat input:
Company Boiler Identification
(A) Cleveland Electric Illumi-
nating Co., Hamilton
Ave. Steam Plant All boilers.
(E) Republic Steel 234, 1, 2, A,
B, and C.
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(C) Addressograph 1, 2, and 3
(D) General Electric Co 1 and 2.
(E) Jones and Laugh!in Steel 30.
(vii) No present or subsequent owner or operator of the fossil
fuel-fired steam generating units listed herein shall
cause or permit the emission of sulfur dioxide from any
stack attached to the identified boilers in excess of
0.50 pounds of sulfur dioxide per million BTU of actual
heat input:
Company Boiler identification
(A) Jones & Laughlin, 22, 24, 25, 26, 27,
28, 29, 31, 32, 33,
34, and 35.
(B) U.S. Steel, Cuyahoga-Lorain 1, 2, 3, 4, 5, and
works 6.
(C) DuPont 18.
(D) Harshaw Chemical 7 and 8
(E) Standard Oil of Ohio 7, 9, and 10.
(viii) The United States Steel Corporation, Cuyahoga Works or
any subsequent owner or operator of the Cuyahoga Works in
Cuyahoga County, Ohio shall not cause or permit the emis-
sion of sulfur dioxide from any stack attached to boilers
3 through 7 at the Cuyahoga Works in excess of 1.30
pounds of sulfur dioxide per million BTU of actual heat
input.
(ix) The Hupp Company or any subsequent owner or operator of
Hupp facilities in Cuyahoga County, Ohio shall not cause
or permit emission of sulfur dioxide from.any stack
attached to boilers 1 through 3 at this facility in excess
of 3.50 pounds of sulfur dioxide per million BTU of actual
heat input.
(x) The Chase Bag Company or any subsequent owner or operator
of Hupp facilities in Cuyahoga County, Ohio shall not
cause or permit the emission of sulfur dioxide from any
stack attached to boilers 1 & 2 at this facility in ex-
cess of 4.20 pounds of sulfur dioxide per million BTU of
actual heat input.
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(xi) The General Electric Company or any subsequent owner or
operator of General Electric facilities in Cuyahoga County,
Ohio, shall not cause or permit the emission of sulfur
dioxide from any stack attached to boilers 3 and 4 at this
facility in excess of 3.10 pounds of sulfur dioxide per
million BTU of actual heat input.
(xii) The General Motors Corporation or any subsequent owner
or operator of the Fisher Body plant at Cuyahoga County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack attached to boilers 7, 8, and 9 at
this facility in excess of 2.10 pounds of sulfur dioxide
per million BTU of actual heat input.
(xiii) No present or subsequent owner or operator of the Medical
Center located in Cuyahoga County, Ohio shall cause or
permit the emission of sulfur dioxide from any stack
attached to boilers 3 through 8 at the Medical Center in
excess of 4.60 pounds of sulfur dioxide per million BTU of
actual heat input.
(xiv) The Ford Motor Company or any subsequent owner or operator
of the Ford Motor Company facilities located at Cuyahoga
County, Ohio shall not cause or permit emissions of sulfur
dioxide from any stack at these facilities in excess of
the rates specified below:
(A) 1.20 pounds of sulfur dioxide per million BTU
actual heat input for boilers 1, 2, and 3 at
the Stamping Plant.
(B) 4.20 pounds of sulfur dioxide per million BTU
actual heat input for boilers 1, 2, 3, 4, and 5
at the Engine Plant #2.
(xv) No present or subsequent owner or operator of the Highland
View Hospital shall cause or permit the emission of sulfur
dioxide from any stack at the Highland View Hospital in
excess of the rates specified below:
(A) 2.90 pounds of sulfur dioxide per million BTU
of heat input for boilers 3 and 4.
(B) 1.50 pounds of sulfur dioxide per million BTU
of heat input for boilers and 1 and 2.
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(xvi) The Allied Chemical Company or any subsequent owner or
operator of the Allied Chemical Company sulfuric acid
production units at Cuyahoga County, Ohio shall not
cause or permit the emission of sulfur dioxide from
any unit in excess of 4.8 pounds of sulfur dioxide per
ton of 100% sulfuric acid produced.
(xvii) No owner or operator, unless otherwise specified in this
'subparagraph, shall cause or permit the combustion of
by-product coke oven gas from any stack containing a
total sulfur content expressed as hydrogen sulfide in
excess of 170 grains of hydrogen sulfide per 100 dry
standard cubic feet of coke oven gas or the emission
of sulfur dioxide from any stack in excess of 0.86 pounds
of sulfur dioxide per million BTU actual heat input.
Facilities subject to paragraph (b) (23) (i) and (ii)
of this -paragraph are not subject to this limitation.
(xviii) No owner or operator of any process equipment, unless
otherwise specified in this subparaqraph, shall cause
or permit the emission of sulfur dioxide from any stack
in excess of 6.00 pounds of sulfur dioxide per ton of
actual process weight input.
(xix) The Harshaw Chemical Company or any subsequent owner or
operator of the Harshaw Chemical Company facilities in
Cuyahoga County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack in excess of
19.0 pounds of sulfur dioxide per ton of actual process
weight input.
(xx) The Dupont Company or any subsequent owner or operator
of the Dupont Company sulfuric acid production units at
Cuyahoga County, Ohio shall not cause or permit the
emission of sulfur dioxide in excess of 10.0 pounds of
sulfur dioxide per ton of 100% sulfuric acid production.
(24) In Delaware County, no present or subsequent owner or operator
of any fossil fuel-fired steam generating unit(s) operating
in Delaware County, Ohio, shall cause or permit emission of
sulfur dioxide from any stack in excess of 4.00 pounds of
sulfur dioxide per million BTU actual heat input.
(25) In Erie County:
(i) No present or any subsequent owner or operator of any
fossil fuel-fired steam generating unit(s) shall cause or
permit emission of sulfur dioxide from any stack in
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excess of 1.60 pounds of sulfur dioxide per million BTU
actual heat input.
(ii) No present or any subsequent owner or operator of any
process equipment, shall cause or permit the emission from
any stack into the atmosphere of any process gas stream
containing sulfur dioxide in excess of 9.50 pounds of
sulfur diixode per ton of actual process weight input.
(26) In Fairfield County:
(i) The Diamond Power Speciality Company or any subsequent
own.er or operator of the Diamond Power facility in Fair-
field County, Ohio shall not cause or permit the emission
of sulfur dioxide from any stack at the Diamond Power
facility in excess of 6.90 pounds of sulfur dioxide per
million BTU actual heat input.
(ii) The Crown-Zellerbach Corporation or any subsequent owner
or operator of the Crown-Zellerbach facility in Fairfield
County, Ohio shall not cause or permit the emission of
sulfur dioxide from the stack attached to #2 boiler at
the Crown-Zellerbach facility in excess of 7.00 pounds
of sulfur dioxide per million BTU actual heat input.
(27) In Franklin County, no owner or operator of the following types
of facilities unless otherwise specified in this subparagraph,
shall cause or permit emission of sulfur dioxide from any
stack in excess of the rates specified below:
(i) For fossil fuel-fired steam generating unit between 10.0
and 50.0 X 106 BTU per hour total rated capacity of
heat input, the emission rate in pounds of sulfur dioxide
per million BTU actual heat input shall be calculated by
the following equation: -7
EL=8.088Qrrf°-43U/
where Qm is the total rated capacity of heat input in
million BTU per hour and EL is the allowable emission
rate in pounds of sulfur dioxide per million BTU actual
heat input.
(ii) For fossil fuel-fired steam generating unit(s) equal to
or greater than 50.0X106 BTU per hour total rated capacity
of heat input, the emission limitation shall be 1.50
pounds of sulfur dioxide per million BTU actual heat input.
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(iii) The present or any subsequent owner or operator of the
Columbus State Institution in Franklin County, Ohio shall
not cause or permit the emission of sulfur dioxide from
any stack at this facility in excess of 3.80 pounds of
sulfur dioxide per million BTU actual heat input.
(iv) The present or any subsequent owner or operator of the
Columbus State Hospital in Franklin County, Ohio shall
not cause or permit the emission of sulfur dioxide from
• any stack at this facility in excess of 4.10 pounds of
sulfur dioxide per million BTU actual heat input.
(v) The present or any subsequent owner or operator of Ross
Laboratory in Franklin County, Ohio shall not cause or
permit the emission of sulfur dioxide from any stack at
this facility in excess of 4.80 pounds of sulfur dioxide
per million BTU actual heat input.
(vi) The present or any subsequent owner or operator of the
Rickenbacker Air Force Base in Franklin County, Ohio
shall not cause or permit the emission of sulfur dioxide
from any stack at this facility .in excess of 2.20 pounds
of sulfur dioxide per million BTU actual heat input.
(vii) The present or any subsequent owner or operator of the
Capital City Products facility in Franklin County, Ohio,
shall not cause or permit the emission of sulfur dioxide
from any stack at this facility in excess of 3.10 pounds
of sulfur dioxide per million BTU actual heat input.
(viii) The present or any subsequent owner or operator of the
Westinghouse Electric facility in Franklin County, Ohio
shall not cause or permit the emission of sulfur dioxide
1 from any stack at this facility in excess of 2.20 pounds
of sulfur dioxide per million BTU actual heat input.
(ix) The present or any subsequent owner or operator of the
Naval Weapons Industrial Reserve facility in Franklin
County shall not cause or permit the emission of sulfur
dioxide from any stack at this facility in excess of 1.06
pounds of sulfur dioxide per million BTU actual heat input.
(x) No owner or operator of any primary zinc smelter shall
cause or permit the emission of sulfur dioxide from the
plant in excess of the amount prescribed by the following
equation:
Y=0.564X°-85
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where X is the total sulfur feed expressed as elemental
sulfur in the smelter input stream in Ibs/hour and Y is
the allowable sulfur dioxide emission rate in Ibs/hour
from all stacks combined.
i
(xi) Except as provided in subparagraph (27) (x) of this para-
graph, no owner or operator of any process equipment shall
cause or permit the emission from any stack into the
atmosphere of any process gas stream containing sulfur
dioxide in excess of 2.40 pounds of sulfur dioxide per
ton of actual process weight input.
(28) In Gallia County:
(i) The Ohio Power Company or any subsequent owner or operator
of the Gavin Power Plant in Gallia County, Ohio shall not
cause or permit the emission of sulfur dioxide from any
stack at the Gavin facility in excess of 9.50 pounds per
million BTU actual heat input.
(ii) The Ohio Valley Electric Company or any subsequent owner
or operator of the Kyger Creek Power Plant in Gallia
County, Ohio shall not cause or permit the emission of
sulfur dioxide, from any stack at the Kyger Creek facility
iVi excess of 8.20 pounds of sulfur dioxide per million
BTU actual heat input.
(29) In Greene County:
(i) No owner or operator of any process equipment shall cause
or permit the emission of sulfur dioxide from any stack
in excess of that permitted by the following equation:
EL=563.P-0.9027
where EL is the allowable emission rate in pounds of sulfur
dioxide per ton of actual process weight input and P is
the design process weight input rate in tons per hour.
(ii) The present or any subsequent owner of the Wright-Patterson
Air Force Base in Greene County, Ohio shall not cause or
permit emissions of sulfur dioxide in excess of 0.38
pounds of sulfur dioxide per million BTU actual heat input
from all stacks at building 271; emissions of sulfur dioxide
in excess of 0.81 pounds of sulfur dioxide per million BTU
actual heat input from all stacks at building 770; emissions
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of sulfur dioxide in excess of 0.33 pounds of sulfur
dioxide per million BTU actual heat input from all stacks
at building 66; emissions of sulfur dioxide in excess
of 0.79 pounds of sulfur dioxide per million BTU actual
heat input from all stacks at building 1240; emissions
of sulfur dioxide in excess of 0.93 pounds of sulfur
dioxide per million BTU actual heat input from all stacks
at building 170.
(iii) No present or any subsequent owner of the Antioch College
, at Greene County, Ohio shall cause or permit the emissions
of sulfur dioxide from any stack at Antioch College in
excess of the rates specified below:
(A) 6.20 pounds of sulfur dioxide per million BTU
actual heat input for any fossil fuel-fired
steam generating unit burning coal.
(B) 1.40 pounds of sulfur dioxide per million BTU
actual heat input for any fossil fuel-fired
steam generating unit burning oil.
(iv) No present or any subsequent owner of Central State
University at Green County, Ohio shall cause or permit
emissions of sulfur dioxide from any stack at Central
State University in excess of the rates specified below:
(A) 4.30 pounds of sulfur dioxide per million BTU
actual heat input from stack 1.
(B) 0.30 pounds of sulfur dioxide per million BTU
actual heat input from Stack 2.
(30) In Hamilton County:
(i) No owner or operator of any fossil fuel-fired steam
generating unit(s) located in Hamilton County, Ohio, unless
otherwise specified in this subparagraph, shall cause or
permit sulfur dioxide emissions from any stack in excess
of 2.00 pounds of sulfur dioxide per million BTU actual
heat input.
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(ii) The Cincinnati Gas and Electric Company or any sub-
sequent owner or operator of the Miami Fort Power Plant '
in Hamilton County, Ohio shall not cause or permit the
emissions of sulfur dioxide, from stack number 2 at the
Miami Fort Plant in excess of 0.30 pounds of sulfur
dioxide per million BTU actual heat input, from stacks
3 and 4 at the Miami Fort Plant in excess of 3.30 pounds
of sulfur dioxide per million BTU actual heat input, from
stack 5 at the Miami Fort Plant in excess of 5.50 pounds
of sulfur dioxide per million BTU actual heat input.
Stack number 6 is subject to Federal New Source Performance
Standards and is limited to 1.20 pounds of sulfur dioxide
per million BTU of actual heat input. Stacks at the
Miami Fort Power Plant are identified as follows:
Stack No.
2
3
4
5.. t
6
Boiler No
3
„ 4&5
6
7
8
(iii) No owner or operator of a sulfur acid production unit(s)
shall cause or permit the emissions of sulfur dioxide
from the unit(s) in excess of 21.0 pounds of sulfur
, dioxide per ton of 100% sulfuric acid produced.
(iv) No owner or operator of any fluidized catalytic cracking
unit located in Hamilton County, Ohio shall cause or
permit sulfur dioxide emissions from any unit in excess
of 0,78 pounds of charging feed stock.
(31) In Hancock County:
(i) No owner or operator of any fossil fuel-fired steam
generating unit(s) or process operation heater(s) located
in Hancock County, Ohio, unless otherwise specified in
the subparagraph, shall cause or permit sulfur dioxide
emissions from any stack in excess of 5.20 pounds of
sulfur dioxide per million BTU actual heat input.
(ii) The Northern Ohio Sugar Company, or any subsequent owner
or operator of the Northern Ohio Sugar Company facilities
in Hancock County, Ohio, shall not cause or permit sulfur
dioxide emissions from any stack in excess of 2.50 pounds
of sulfur dioxide per million BTU actual heat input.
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(32) In Henry County:
(i) No owner or operator of any oil-fired fossil fuel steam
generating unit, unless otherwise specified shall cause
or oermit emission of sulfur dioxide from any stack in
excess of 2.10 pounds per million BTU actual heat input.
(ii) The present or subsequent owner or operator of the City
of Napoleon Power Plant in Henry County, Ohio shall not
cause or permit the emission of sulfur dioxide from any
stack at the Napoleon Power Plant in excess of 0.0 pounds
of sulfur dioxide per million BTU actual heat input.
(33) In Huron County, no owner or operator of any fossil fuel-fired
steam generating unit shall cause or permit emission of sulfur
dioxide from any stack in excess of 8.00 pounds of sulfur
dioxide per million BTU actual heat input.
(34) In Jefferson County, no owner or operator, unless otherwise
specified in this subparagraph, shall cause or permit sulfur
dioxide emissions from any stack in excess of the rates
specified below:
(i) For fossil fuel-fired steam generating unit(s) burning
coal: 1.80 pounds of sulfur dioxide per million BTU
actual heat input.
i
(ii) For fossil fuel-fired steam generating uhit(s) burning
oil: 0.80 pounds of sulfur dioxide per million BTU
actual heat input.
(iii) The Kaul Clay Company or any subsequent owner or operator
of the Kaul Clay Plant facilities in Jefferson County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack of this facility "'n excess of 2.82
pounds of sulfur dioxide per million BTU actual heat input.
(iv) The Toronto Paper Board Company or any subsequent owner
or operator of the Toronto Paper Board Company plant
facilities in Jefferson County, Ohio shall not cause or
permit the emission of sulfur dioxide from any stack at
this facility in excess of 5.96 pounds of sulfur dioxide
per million BTU actual heat input.
(v) The Ohio Edison Company or any subsequent owner or
operator of the Toronto Power Plant in Jefferson County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at the Toronto Plant in excess
of 8.10 pounds of sulfur dioxide per million BTU actual
heat input.
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(vi) The Ohio Edison Power Company or any subsequent owner
or operator of the Sammis Power Plant in Jefferson County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at the Sammis Plant in excess of
2.91 pounds of sulfur dioxide per million BID actual
heat input.
(vii), In lieu of meeting subparagraph (34) (vi), the Ohio
Edison Company may elect, in accordance with the compliance
schedule provision of § 52.1882, to comply with the
emissions limitations which simultaneously satisfy all of
the following equations:
(A) 0.1673 ELi+0.1670 EL2+0.0072
EL3+0.0022
(B) 0.0557 (ELi+EL2)-K).1106
EL3+0.0734
where EL.,- is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purposes
of this regulation each stack is identified as follows:
Stock No.: Boiler identification
1 1,2
'• 2 3,4
3 ..5,6
4 7
(viii) The owner or operator cf the Cardinal Power Plant in
Jefferson County, Ohio shall not cause or permit the emis-
sion of sulfur dioxide from any stack at the Cardinal Plant
in excess of 4.76 pounds of sulfur dioxide per million BTU
actual heat input.
(ix) In "h'eu of meeting subparagraph (24) (vii), the owner or
operator of the Cardinal Power Plant may elect, in accor-
dance with the compliance schedule provision of § 52.1882,
to comply with the emission limitations which satisfy the
following equation.
(A) 0.0668 (ELl+EI_2)-:-0.0763 ELa^l
where ELl is the emission limitations (pounds per million
BTU) per stack i and i is the stack number. For purposes
of this regulation each stack is identified as follows:
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Stack No.:
1
2
3
Boiler identificati
1
2
3
(x) The Ohio Power Company or any subsequent owner or operator
of the Tidd Power Plant in Jefferson County, Ohio, shall
not cause or permit the emission of sulfur dioxide from any
stack at the Tidd Plant in excess of 1.58 pounds of sulfur
dioxide per million BTU actual heat input.
(xi) In lieu of meeting subparagraph (24) (vii), the Ohio Power
Company may elect, in accordance with the compliance
schedule provision of § 52.1882, to comply with the emis-
sion limitations which will simultaneously satisfy all of
the following equations:
(A) . 1521 (ELi+EL>.3267 ELs ^1
(B) .1443(ELi+EL2)K3338 EL3 ^1
(C) .1568(EI_i+El_3K3169 ELo ^1
(D) .1591 (EL1+EL2^.3143 El_3 ^1
where E!_i is the emission limitations (pounds par million
BTU) per stack i and i is the stack number. For purposes
of this regulation each stack is identified as follows:
Stack No. :
1 ,
•>
3
Boiler identification
11
12
21
(xii) No owner or operator of a by-product coke oven shall cause
, or permit the combustion of by-product coke oven gas
containing a total sulfur content expressed as hydrogen
sulfide in excess of 50 grains of hydrogen sulfide per
100 dry standard cubic feet of coke oven gas.
(xiii) The Wheeling Pittsburg Steel Company or any subsequent
owner or operator of the Yorkville Steel Plant facility
in Jefferson County, Ohio shall not cause or permit the
emission of sulfur dioxide from any fossil fuel-fired
steam generating unit stack at the Yorkville facility in
excess of 4.20 pounds of sulfur dioxide per million BTU
actual heat input.
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(35) In Lake County, no owner or operator of the following types
of facilities, unless otherwise specified in this subpara-
graph, shall cause or permit emissions from stack in
excess of the rates specified below:
(i) For fossil fuel-fired steam generating units between
10.0 and 1000 X 10° BID per hour total rated capacity
of heat input, the emission rate in pounds of sulfur
dioxide per million BTU actual heat input shall be
calculated by the following equation:
EL = 14.976Qm -0.3431
where Qm is the total rated capacity of heat input in
million BTU per hour and EL is the allowable emission
rate in pounds of sulfur dioxide per million BTU
actual heat input.
(ii) For fossil fuel-fired steam Generating unit(s) equal
to or greater than 1000 X 10° BTU per hour total rated
capacity of heat input, 1.40 pounds of sulfur dioxide
, per million BTU actual heat input.
(iii) The present or any subsequent owner or operator of
the Ohio Rubber Company facility in Lake County, Ohio
shall not cause or permit the emission of sulfur
dioxide from any stack at the facility in excess of
6.00 pounds of sulfur dioxide per million BTU actual
heet input.
(iv) The present or any subsequent owner or operator of the
• P^inesville Municipal Power Plant in Lake County, Ohio
shall not cause or permit the emission of sulfur
dioxide from any stack at this facility in excess of
the rates specified below:
(A) For boilers 1 through 4: 5.20 pounds of sulfur
dioxide per million BTU actual heat input.
!
(B) Boiler number 5 is subject to New Source Per-
formance Standards and is limited to 1.20
pounds of sulfur dioxide per million BTU actual
heat input.
(v) The present or any subsequent owner or operator of
the Diamond Shamrock facility in Lake County, Ohio
shall not cause or permit the emission of sulfur
dioxide from any stack at this facility in excess of
0.00 pounds of sulfur dioxide per million BTU actual
heat input or 0.00 pounds cf sulfur dioxide from any
process.
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(vi) The Cleveland Electric Illuminating Co. or any sub-
• sequent owner or operator of the East Lake Plant in
Lake County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at the
East Lake Plant in excess of 1.43 pounds of sulfur
dioxide per million BTU actual heat input.
(vii) In lieu of meeting subparagraph (25)(vi), the Cleveland
Electric Illuminating Company may elect, in accordance
with the compliance schedule provision of §52.1882,
to comply with the emission limitations which satisfy
all of the following equations:
(A) 0.143(EL1+EL2+EL3) + 0.192 EL4+0.078
(B) 0.174(EL!+EL2+EL3) + 0.108 EL4+0.078 EL5£l.
(C) 0.113(EL1+EL2+EL3) + 0.187 EL4+0.025
where EL-j is the emission limitation (pounds per mil-
lion BTU) per stack i and i is the stack number. For
purposes of this regulation each stack is identified
as follows:
Stock No. Boiler identification
1... ................. 1
2 .................... 2
3 .................... 3
4 .................... 4
5 .................... 5
(viii) (A) The Lubrizol Corporation, or any subsequent
owner or operator of the Lubrizol facilities
located in Lake County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any
stack at the Lubrizol facility in excess of 20.00
pounds of sulfur dioxide per ton of actual process
weight input.
(B) The Lubrizol Corporation or any subsequent owner
or operator of the Lubirzol facilities located
in Lake County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack for
boilers 1, 2 or 3 at the Lubrizol facility in
i excess of 0.55 pounds of sulfur dioxide per
million BTU actual heat input.
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(ix) The Republic Steel Corporation, or any subsequent
1 owner or operator of the Republic Steel facilities
located in Lake County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack
at the Republic Steel facility in excess of 4.21
pounds of sulfur dioxide per ton of actual process
weight input.
(36) In Lawrence County:
(i) No owner or operator, unless otherwise specified
below, of any industrial process equipment or fossil
fuel-fired steam generator unit(s) shall cause or
permit the combustion of gasses containing a total
sulfur content expressed as hydrogen sulfide in
excess of 235 grains of hydrogen sulfide per 100
dry standard cubic feet of gas; or the emission of
sulfur dioxide from any stack in excess of 1.22
pounds of sulfur dioxide per million BTU actual heat
input.
(ii) The Marquette Cement Company or any subsequent owner
or operator of the Marquette Cement Company facilities
at Lawrence County, Ohio shall not cause or permit
the emission of sulfur dioxide in excess of 73.0
pounds of sulfur dioxide per ton of actual process
weight input.
(iii) The Dayton Malleable Iron Company or any subsequent
owner or operator of the Dayton Malleable Iron Company
facilities at Lawrence County, Ohio shall not cause or
permit the emission of sulfur dioxide in excess of
the rates specified below:
(A) 2.00 pounds of sulfur dioxide per ton of actual
' process weight input at the holding furnaces.
(B) 5.40 pounds of sulfur dioxide per ton of actual
i process weight input at the Cupola.
(iv) The Allied Chemical Company or any subsequent owner
or operator of the Semet Solvay Division at Lawrence
'County, Ohio shall not cause or permit the combustion
of gases containing a total sulfur content expressed
as hydrogen sulfuide in excess of 165 grains of
hydrogen sulfide per 100 dry standard cubic feet of
gas, or 0.86 pounds of sulfur dioxide per million BTU
actual heat input, at tar processing boilers 1, 2,
and 3.
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(v) The Allied Chemical Company or any subsequent owner
or operator of the Specialty Chemicals Division in
Lawrence County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any fossil fuel-fired
steam generating unit in excess of 5.52 pounds of
sulfur dioxide per million BTU actual heat input.
(37) In Licking County, no owner or operator of any oil-fired
steam generating unit(s) shall cause or permit emission of
sulfur dioxide from any stack in excess of 1.50 pounds of
sulfur dioxide per million BTU actual heat input.
(38) In Lorain County, no owner or operator, unless otherwise
specified in this subparagraph, shall cause or permit sulfur
dioxide emissions from any stack in excess of the rates
specified below:
(i) For fossil fuel-fired steam generating units between
10.0 and 100 million BTU per hour total rated capacity
of heat input, the maximum allowable emission rate
from any stack shall be calculated by the following
equation:
EL = 21.176Qm'°'5477
where Qm is the total rated capacity of heat input in
million BTU per hour and EL is the allowable emission
rate in pounds of sulfur dioxide per million BTU
actual heat input.
(ii) For fossil fuel-fired steam generating units equal to
, or greater than 100 million BTU per hour total rated
capacity of heat input, the maximum allowable emission
rate from any stack shall be 1.70 pounds of sulfur
, dioxide per million BTU actual heat input.
(iii) The Cleveland Electric Illuminating Co. or any subse-
quent owner or operator of the Avon Lake Plant in
i Lorain County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at Avon
Lake Plant in excess of 1.15 oounds of sulfur
dioxide per million BTU actual heat input.
(iv) In lieu of meeting subparagraph (38)(iii), the Cleve-
land Electric Illuminating Company may elect, in
accordance with the compliance schedule provisions of
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§52.1882, to comply with the emission limitations which
will satisfy all of the following equations:
(A) 0.0891 (ELi+EL2+EL3+EL4) * 0.1198
0.1578 EL7+ 0.1041
(B) 0.0548 (ELJ+EL2+EL3+EL4) + 0.0676 (EL5+EL6) +
0.1067 ELy+0-1240
(C) 0.0909 (ELJ+EL2+EL3+EL4) + 0.1356 (EL5+EL6) +
0.1546 EL7+ 0.0799 EL8<1
(D) 0.0943 (EL1+EL2+EL3+EL4) + 0.1241 (EL5+EL6) +
0.1606 EL7+ 0.0844 EL8 < 1
where EL ^ is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purpose
of this regulation eack stack is identified as follows:
Stack No. Boiler identification
1 ................ ,1 & 2
2 ................. 3 & 4
3 ................. 5 & 6
4 ................. 7 & 8
: 5 ................. 9
6 ................. 10
7 ................. 11
i 8 ................. 12
(v) The Cleveland Electric Illuminating Co. or any sub-
sequent owner or operator of the Edgewater Plant located
in Lorain County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at the Edge-
water facility in excess of 3.40 pounds of sulfur
'dioxide per million BTU actual heat input.
(vi) The United States Steel Corporation or any subsequent
owner or operator of the United States Steel facilities
at Lorain County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at those
facilities in excess of:
/
(A) For fossil fuel-fired steam generating units
number 001 through 008: 1.20 pounds of sulfur
dioxide per million BTU of actual heat input.
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(B) For fossil fuel-fired steam generating units
number 010 throught 013: 0.50 pound of sulfur
dioxide per million BTU of actual heat input.
(C) For all other fossil fuel-fired steam generating
units, subparagraph (38)(i) or (38)(ii) shall
apply, as applicable.
(vii) The United States Steel Corporation or any subsequent
owner or operator of the United States Steel facilities
at Lorain County, Ohio shall not cause or permit the
combustion of by-product coke oven gas from any stack
, containing a total sulfur content expressed as
hydrogen sulfide in excess of 75 grains of hydrogen
sulfide per 100 dry standard cubic feet of coke oven
gas or the emission of sulfur dioxide from any stack in
excess of 0.40 pound of sulfur dioxide per million
BTU of actual heat input with the exception that:
(A) For process operations 033 and 039, the United
States Steel Corporation or any subsequent
owner or operator of the United States Steel
facilities in Lorain County, Ohio, shall not
cause or permit the combustion of by-product
coke oven gas from any stack containing a
total sulfur content expressed as hydrogen
sulfide in excess of 35 grains of hydrogen
sulfide per 100 dry standard cubic feet of
coke oven gas or the emission of sulfur dioxide
from any stack in excess of 0.17 pounds of sulfur
dioxide per million BTU of actual heat input.
(viii) The General Motors Corporation or any subsequent owner
or operator of the Fisher Body Plant at Lorain County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at the Fisher Body Plant in
excess of the rates specified below:
(A) 0.80 pounds of sulfur dioxide per million BTU
of actual heat input for boiler number 001 and
002.
(B) 0.90 pounds of sulfur dioxide per million BTU
of actual heat input for boiler number 004.
(C) For all other fossil fuel-fired steam generating
* units, subparagraph (38)(i) or (38)(ii) shall
apply, as applicable.
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(39) In Lucas County, no owner or operator of the following
types of facilities, unless otherwise specified in this
subparagraph, shall cause or permit sulfur dioxide emis-
sions from any stack in excess of the rates specified
below:
(i) For fossil fuel-fired steam generating units burning
coal the emission rate shall be 1.50 pounds of sulfur
dioxide per million BTU actual heat input.
(ii) For fossil fuel-fired steam generating units burning
oil the emission rate shall be 1.00 pounds of
sulfur dioxide per million BTU actual heat input.
(iii) , The Toledo Edison Company or any subsequent owner or
operator of the Bayshore Station in Lucas County, Ohio
shall not cause or permit sulfur dioxide emissions
from any stack at the Bayshore Station in excess of
the rates specified below:
(A) 1.20 pounds of sulfur dioxide per. million BTU
actual heat input for fossil fuel-fired steam -
generating units burning coal.
(B) 0.50 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired steam-
generating units burning oil.
(iv) Standard Oil of Ohio or any subsequent owner or operator
of the Standard Oil of Ohio facility located in Lucas
County, Ohio shall not cause or permit sulfur dioxide
. emissions from any stack at this facility in excess of
the rates specified below:
(A) 0.29 pounds of sulfur dioxide per million BTU
actual heat input for all process heaters and
fossil fuel-fired steam-generating units unless
otherwise specified in this subparagraph.
(B) 1.00 pounds of sulfur dioxide per million BTU
actual heat input for process heaters or fossil
fuel-fired steam-generating units numbered B024.
(C) 0.50 pounds of sulfur dioxide per million BTU
actual heat input for process heater or fossil
fuel-fired steam-generating unit number B021.
(D) 0.57 pounds of sulfur dioxide per million BTU
actual heat input for process heaters of fossil
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fuel-fired steam-generating units numbered B009,
B010, B018, B020, B023, and B025.
(E) 0.92 pounds of sulfur dioxide per 1,000 pounds
of charging stock for catalytic cracking units
and CO boilers connected to a common stack.
(F) 0.40 pounds of sulfur dioxide per ton of actual
process weight input for any process.
(v) [Reserved]
(vi) The Coulton Chemical Company or any subsequent owner
of operator of the Coulton Chemical facility in Lucas
County, Ohio shall not cause or permit the emission
of sulfur dioxide from any stack at the Coulton
Chemical facility in excess of the rates specified
below:
(A) 0.80 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired steam-
generating units or process heaters.
(B) 1.10 pounds of sulfur dioxide per ton of 100
percent sulfuric acid produced fcr sulfuric
acid production units.
(vii) The Toledo Edison Company or any subsequent owner or
operator of the Acme Power Plant in Lucas County,
Ohio shall not cause or permit sulfur dioxide emissions
from any stack in excess of the rates specified below:
1 (A) 3.00 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired steam-
generating units burning coal.
(B) 1.00 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired steam-
generating units burning oil.
(viii) Gulf Oil or any subsequent owner or operator of the
Gulf Oil facility in Lucas County, Ohio shall not cause
i or permit sulfur dioxide emissions from any stack at
the Gulf Oil facility in excess of the rates specified
below: -
(A) 0.81 pounds of sulfur dioxide per million BTU
actual heat input for process heaters or fossil
fuel-fired steam-generating units numbered B001,
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B002, BOOS, B004, BOOS, B006, B007, and B008.
(B) 0.60 pounds of sulfur dioxide per million BID
actual heat input for process heater or fossil
fuel-fired steam-generating unit B009.
(C) 0.50 pounds of sulfur dioxide per million BTU
actual heat input for process heater or fossil
fuel-fired steam-generating units B013.
(D) 0.40 pounds of sulfur dioxide per million BTU
actual heat input for process heaters or fossil
fuel-fired steam-generating unit B014.
(E) 1.85 pounds of sulfur dioxide per 1,000 pounds
of charging stock for catalytic cracking units
and CO boilers connected to the same stack.
(F) 200 pounds of sulfur dioxide per 1,000 pounds
of sulfur processed for sulfur recovery plants.
(G) Gulf Oil or any subsequent owner or operator
i of facilities located in Lucas County, Ohio shall
I ' not cause or permit the combustion of refinery
fuel gas at process heaters of fossil fuel gas-
1 fired steam-generating units numbered B010, B011,
B012, B015, B017, B018, 8019, and B020 contain-
'• ing a total sulfur content expressed as hydrogen
sulfide in excess of 10 grains of hydrogen sulfide
per 100 dry standard cubic feet of refinery fuel
gas or the emission of sulfur dioxide from any
| stack at the above units in excess of 0.04 pounds
! of sulfur dioxide per million BTU actual heat
i input.
i
(H) Gulf Oil or any subsequent owner or operator
of the Gulf Oil facilities located in Lucas
' County, Ohio shall operate only one of the units
' numbered B001, B002, BOOS and B004 simultaneously
with units numbered B005, B006 or B016.
t
(ix) The Toledo Edison Company or any subsequent owner or
.operator of the Water Street Steam Plant in Lucas
County, Ohio shall not cause or permit sulfur dioxide
'emissions from any stack at the Water Street Station
in excess of 1.06 pounds of sulfur dioxide per million
3TU actual heat input.
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(x) Phillips Petroleum Company or any subsequent owner
or operator of the Toledo Philblack Plant in Lucas
1 County, Ohio shall not cause or permit sulfur dioxide
emissions from any stack at the Toledo Philblack Plant
in excess of the rates specified below:
(A) 4.67 pounds of sulfur dioxide per million BTU
actual heat input for any process dryer.
i
(B) 4.99 pounds of sulfur dioxide per million BTU
actual heat input for all fossil fuel-fired
steam-generating units, processes and incinerator
unless otherwise specified in this subparagraph.
(xi) Interlake Steel or any subsequent owner or operator
of the Interlake Steel facility in Lucas County, Ohio
shall not cause or permit sulfur dioxide emissions
from any stack at this facility in excess of the rates
specified below:
(A) 0.10 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired
steam-generating units.
(B) 4.00 pounds of sulfur dioxide per ton of actual
process weight input for any process.
(xii) Nabisco or any subsequent owner or operator of the
Nabisco facility in Lucas County, Ohio shall not cause
or permit sulfur dioxide emissions from any stack at
this facility in excess of 1.20 pounds of sulfur dioxide
per million BTU actual heat input.
/
(xiii) The Toledo Hospital or any subsequent owner or operator
of the Toledo Hospital in Lucas County, Ohio shall not
cause or permit sulfur dioxide emissions from any stack
at this facility in excess of 3.50 pounds of sulfur
dioxide per million BTU actual heat input.
(xiv) Sun Oil or any subsequent owner or operator of the
Sun Oil facility in Lucas County, Ohio shall not cause
or permit sulfur dioxide emissions from any stack at
the Sun Oil facility in excess of the rates specified
below:
(A) Unless otherwise specified in this subparagraph,
the combustion of refinery fuel gas containing a
total sulfur content expressed as hydrogen sulfide
in excess of 10 grains of hydrogen sulfide per
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100 dry standard cubic feet of refinery fuel gas
or the emission of sulfur dioxide from any stack
at this facility in excess of 0.04 pounds of
sulfur dioxide per million BTU actual heat input.
(B) 0.0 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired steam-
generating units or process operation heaters
numbered 502, 504, 1901, 1902, 1903, 1904, 1905,
and 1906.
(C) 3.50 pounds of sulfur dioxide per 1,000 pounds
of charging stock for catalytic cracking units
and CO boilers connected to the same stack.
(D) 1.60 pounds of sulfur dioxide per million BTU
actual heat input for fossil fuel-fired steam-
generating units or process heaters numbered
301, 304, 507, 508, and 1910 and 113.4 pounds
of sulfur dioxide per 1,000 pounds of sulfur
processed for sulfur recovery plants.
(E) In leiu of compliance with subparagraph (D)
of this subparagraph in accordance with section
52.1882 (b)(4), Sun Oil or any subsequent owner
or operator of the Sun Oil facility in Lucas
County, Ohio may elect the following emission
limitations: 1.00 pounds of sulfur dioxide per
million BTU actual heat input for fossil fuel-
fired steam-generating units or process heaters
numbered 301, 304, 507, 508 and 1910 and 200
pounds of sulfur dioxide per 1,000 pounds of
sulfur processed for sulfur recovery plants.
(xv) Seneca Petroleum or any subsequent owner or operator
of the Seneca Petroleum facility in Lucas County,
, Ohio shall not cause or permit sulfur dioxide emissions
from any stack at the Seneca Petroleum facility in
excess of 1.20 pounds of sulfur dioxide per million
BTU actual heat input.
(40) In Mahoning County, no owner or operator, unless otherwise
specified in this subparagraph, shall cause or permit the
• emission of sulfur dioxide in excess of the rates specified
below:
(i) For fossil fuel-fired steam generating units: 0.50
pounds of sulfur dioxide per million BTU of actual
heat input.
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(ii) For process operations: 1.00 pounds of sulfur dioxide
per ton of actual process weight input.
(iii) ,No owner or operator shall cause or permit the combustion
of by-product coke oven gas from any stack containing a
total sulfur content expressed as hydrogen sulfide per
100 dry standard cubic feet of coke oven gas or the
emission of sulfur dioxide from any stack in excess of
0.68 pounds of sulfur dioxide per million BTU actual
heat input.
(iv) The Ohio Edison Company or any subsequent owner or
operator of the North Avenue Steam Plant located in
Mahoning County shall not cause or permit the emission
of sulfur dioxide from any stack at the North Avenue
Steam Plant in excess of 2.00 pounds of sulfur dioxide
per million BTU of actual heat input.
(v) Lonardo & Sons Greenhouse or any subsequent owner or
operator of the Lonardo & Sons Greenhouse facilities lo-
cated in Mahoning County, Ohio shall not cause or permit
the emission of sulfur dioxide from any stack at. Lonardo
and Sons Greenhouse in excess of 2.00 pounds of sulfur
dioxide per million BTU actual heat input.
(vi) Whiteacre-Greer Fireproofing or any subsequent owner or
operator of the Whiteacre-Greer facilities located at
Mahoning County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at Whiteacre-
Greer in excess of 20 pounds of sulfur dioxide per ton
pf actual process weight input.
(vii) The Koppers Company or any subsequent owner or operator
of the Koppers Company facilities located in Mahoning
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at Koppers Company in
excess of 2.00 pounds of sulfur dioxide per million BTU
actual heat input.
(41) In Marion County:
(il) No owner or operator of any process equipment shall cause
or permit the emissions of sulfur dioxide from any
stack in excess of 4.20 pounds of sulfur dioxide per
million BTU actual heat input.
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(ii) No owner or operator of any fossil fuel-fired steam
generating unit shall cause or permit the emission of
sulfur dioxide from any sta.ck in excess of 6.10 pounds
of sulfur dioxide per million BTU actual heat input.
(42) In Medina County, no owner or operator of any fossil fuel-fired
steam generating unit shall cause or permit the emission of
sulfur dioxide from any stack in excess of 8.00 pounds of
sulfur dioxide per million BTU actual heat input.
(43) In Meigs County, no owner or operator of any process shall
cause or permit the emission of sulfur dioxide from any
stack in excess of 11.0 pounds of sulfur dioxide per ton of
actual process weight input.
(44) In Mercer County, no owner or operator of any fossil fuel-fired
steam generating unit(s) shall cause or permit the emission
of sulfur dioxide from any stack in excess of 8.00 pounds of
sulfur- dioxide per million BTU actual heat input.
(45) In Miami County:
(i) No owner or operator of any fossil fuel-fired steam
generating unit, unless otherwise specified in this sub-
paragraph, shall cause or permit the emission of sulfur
•dioxide from any stack in excess of 3.20 pounds of sulfur
dioxide per million BTU actual heat input.
(ii) No owner or operator of any process shall cause or permit
the emission of sulfur dioxide from any stack in excess
of 65.0 pounds of sulfur dioxide per ton of actual pro-
cess weight input.
(iii) No present or subsequent owner of the Piqua Municipal
Power Plant located in Miami County, Ohio shall cause
or permit the emission of sulfur dioxide from any stack
in excess of 4.78 pounds of sulfur dioxide per million
BTU of actual heat input.
(iv) In lieu of meeting subparagraph (45) (iii), the Piqua
Municipal plant may elect, in accordance with the com-
pliance schedule provisions of § 52.1882, to comply
'with the emission limitations which will satisfy all
of the following equations:
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(1) ,0730(EL1+EL2)+.0628 EL3<1
(2) .0700(EL1+EL2)+.0663
Stack No.:
1
2
3
Boiler
identificat
where EL^ is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For pur-
poses of this regulation each stack is identified as
follows:
1,2
3
4
(46) In Montgomery County, no owner or operator of any fossil fuel-
fired steam generating unit(s), unless otherwise specified in
this subparagraph, shall cause or permit sulfur dioxide emis-
sions in excess of the rates specified below:
(i) 1.60 pounds sulfur dioxide per million BTU actual heat
input for fossil fuel-fires steam generating units.
(ii) The Dayton Power and Light Company or any subsequent
owner or operator of the Yankee Substation and the
Monument Substation located in Montgomery County, Ohio,
shall not cause or permit the emission of sulfur dioxide
from any diesel oil-fired electric generating unit stack
at these stations in excess of 0.65 pounds of sulfur
dioxide per million BTU actual heat input.
(iii) The Dayton Power and Light Company or any subsequent owner
or operator of the Tait Power Plant in Montgomery County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at the Tait Plant in excess of
1.25 pounds of sulfur dioxide per million BTU actual heat
, input for coal-fired units and 0.65 pounds of sulfur
dioxide per million BTU actual heat input for diesel
oil-fired electric generating units.
(iv) The Dayton Power and Light Company or any subsequent
owner or operator of the Hutchings Power Plant in
Montgomery County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at the Hutchings
Plant in excess of 1.20 pounds of sulfur dioxide per
million BTU actual heat input for coal-fired units and
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• 0.65 pounds sulfur dioxide per million BTU actual
heat input for diesel oil-fired electric generating
units.
(v) In .lieu of meeting subparagraph (46) (iv)» for the coal-
fired units, the Dayton Power and Light Company may elect,
in accordance with the compliance schedule provision
'of § 52.1882, to comply with the emission limitations
which will satisfy the following equation:
(1) 0.230 ELl+0.297 EL2+0.306 ELs < 1
where EL} is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purpose
of this regulation each stack is identified as follows:
Stack No.: Boiler identification
1 ............................................. 1,2
2 ............ . ............................... 3,4
3 .................................... ........ 5,6
(vi) The Del co Corporation or any subsequent owner or operator
of the Moraine facility in Montgomery County, Ohio shall
not cause or permit the emission of sulfur dioxide from
any fossil fuel -fired steam generating unit stack at
the Moraine facility in excess of 1.30 pounds of sulfur
dioxide per million BTU actual heat input.
i
(vii) The Defense Electronics Supply facility, or any sub-
sequent owner or operator of this facility in Montgomery
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any fossil fuel-fired steam
generating unit stack at the facility in excess of .95
pounds of sulfur dioxide per million BTU actual heat
input.
(viii) No owner of operator of any process equipment shall
cause or permit the emission from any stack any proc-
ess gas stream containing sulfur dioxide in excess of
2.60 pounds of sulfur dioxide per ton of actual process
weight input.
(47) In Morgan County:
(•\) The Ohio Power Company or any subsequent owner or operator
of the Muskingum River Power Plant in Washington and
Morgan Counties, Ohio shall not cause or permit the emis-
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'sion of sulfur dioxide from any stack at the Muskingum
River plant in excess of 6.48 pounds of sulfur dioxide
per million BTU actual heat input.
*
(ii) In lieu of meeting subparagraph (47) (i), the Ohio Power
Company may elect, in accordance with the compliance
schedule provisions of § 52.1882, to comply with the
emission limitations which will satisfy all the following
equations:
t '
(A) 0.0773 ELi+0.0622 EL2 <1
(B) 0.0640 ELi+0.0902 EL.2 £l
where El_i is the emission limitation (pounds per million
BTU) per stack i, and i is the stack number. For purposes
of this regulation each stack is identified as follows:
Stack No. Boiler identification
1 1,2,3,4
2 5
(48) In Muskingum County:
(i) The Ohio Power Company or any subsequent owner or operator
of the Philo Power Plant in Muskingum County, Ohio,
shall not cause or permit the emission of sulfur dioxide
f^om any stack at the Philo plant in excess of 1.14
pounds of sulfur dioxide per million BTU actual heat
input.
(ii) In lieu of meeting subparagraph (48) (i), the Ohio
Power Company may elect, in accordance with the compliance
schedule provisions of § S2.1882, to comply with the
Demission limitations which will satisfy all of the
following equations:
(A) 0.3288 ELi+0.3301 EI-2+0.1583 EL3<1
(B) 0.3588 ELi+0.3605 EL2+0.1557 El_3 <1
where EL-j is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purposes
of this regulation each stack is identified as follows:
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Stack No.: Boiler identification
4 41,42,34,38
5 ' ' 51,52
6 6
(iii) No owner or operator of any process equipment in Muskingum
County, Ohio shall cause or permit the emission of sulfur
dioxide from any stack in excess of 58.0 pounds of sulfur
dioxide per ton of actual process weight input.
(49) In Ottawa County:
(i) No owner or operator of any fossil fuel steam generating
unit shall cause or permit the emission of sulfur dioxide
from any stack in excess of 5.90 pounds of surfur dioxide
per million BTU actual heat input.
(ii) No owner or operator of any process equipment shall
cause or permit the emission of sulfur dioxide from any
stack in excess of that permitted by the following
equation:
EL=47.404P-°'b^u
where EL is the allowable emission rate in pounds of
sulfur dioxide per ton of actual process weight input
and P is the design process weight input rate in tons
per hour.
(50) In Paulding County, no owner or operator of any process equip-
ment shall cause or permit the emission of sulfur dioxide
from any stack in excess of 43.0 pounds of sulfur dioxide
per ton of actual process weight input.
(51) In Pickaway County:
(i) The Columbus and Southern Ohio Power Company or any
subsequent owner or operator of the Picway Power Plant
in Pickaway County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at the Picway
plant in excess of 6.04 pounds sulfur dioxide per
million BTU actual heat input.
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(ii) In lieu of meeting subparagraph (51) (i), the Columbus
and Southern Ohio Power Company may elect, in accordance
with the compliance schedule provision of § 52.1882, to
comply with the emission limitations which will satisfy
all of the following equations:
(A) 0.0764 ELi+0.0759 EL2+0.0133 ELs 1
(B) 0.0487 ELi+0.0484 EL2+0.0522 EL3 1
where ELi is the emission limitation (pounds per million
BTU) per stack i, and i is the stack numbar. For pur-
pose of this regulation each stack is identified as
follows:
Stack No.: Boiler identification
1 3
2 4
3 4 5
(iii) No owner of operator of any oil-fired steam generating
unit in Pickaway County, Ohio shall cause or permit the
emission of sulfur dioxide from any stack in excess of
0.85 pounds of sulfur dioxide per million BTU actual
heat input.
(52) In Pike County, no owner or operator of any fossil fuel-fired
steam generating unit shall cause or permit the emission of
sulfur dioxide from any stack in excess of 7.00 pounds of
sulfur dioxide per million BTU of actual heat input.
i
(53) In Richland County:
(i) No owner or operator of any process equipment shall cause
or permit emissions of sulfur dioxide in excess of 7.10
pounds of sulfur dioxide per ton of actual process weight
input.
(ii) The Westinghouse Electric Company, or any subsequent
owner or operator of the Westinghouse Electric Company
facility at Richland County, Ohio shall not cause or
1 permit the emission of sulfur dioxide from any stack in
excess of 4.50 pounds of sulfur dioxide per million BTU
actual heat input.
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(iii) The General Motors Corporation, or any subsequent owner
or operator of the Fisher Body Division Plant at Richland
'County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack in excess of 3.10 pounds
of sulfur dioxide per million BTU of actual heat input.
(iv) The City of Shelby, or any subsequent owner or operator
of the Shelby Municipal Power Plant at Richland County,
'Ohio shall not cause or permit the emission of sulfur
dioxide from any stack in excess of 9.3 pounds of sulfur
dioxide per million BTU actual heat input.
(54) In Ross County, The Mead Corporation or any subsequent owner
or operator of the Mead Corporation facilities at Ross County,
Ohio shall not cause or permit emission of sulfur dioxide
from any stack in excess of the following rates:
(i) 4.90 pounds of sulfur dioxide per ton of actual solids
input.
(ii) 0.00 pounds of sulfur dioxide per million BTU actual heat
input for stacks 1, 2, 3, and 4. For purposes of this
regulation each stack is identified as follows:
Stack No. Boiler identification
1 1
2 2
3 3
4 Chilpalco No. 5
(55) In Sandusky County:
(i) 'No present or subsequent owner or operator of any fossil
fuel-fired steam generator unit(s) shall cause or permit
emissions of sulfur dioxide from any stack in excess
of 7.00 pounds of sulfur dioxide per million BTU actual
heat input.
(ii) The J.E. Baker Company or any subsequent owner or operator
of the J.E. Baker Company facilities in Sandusky County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack in excess of 48.75 tons of sulfur
dioxide per ton of actual process weight input.
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(iii) The WoOdville Lime Company, or any subsequent owners or
operator of the Woodville Lime Company facilities in
Sandusky County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack in excess of
8.48 pounds of sulfur dioxide per ton of actual process
weight input.
(iv) The Martin Marietta Company or any subsequent owner or
operator of the Martin Marietta facilities in Sandusky
'County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack in excess of 15.42 pounds
of sulfur dioxide per ton of actual process weight input.
(v) The Ohio Lime Company or any subsequent owner or operator
of the Ohio Lime Company facilities in Sandusky County,
Ohio shall not cause or permit emissions of sulfur
dioxide from any stack in excess of 17.04 pounds of sul-
fur dioxide per ton of actual process weight input.
(56) In Scioto County:
(i) Empire Detroit Steel or any subsequent owner or operator
of the Empire Detroit Steel coke oven facility at Scioto
County, Ohio shall not cause or permit the combustion
of by-product coke oven gas from any stack containing a
total sulfur content expressed as hydrogen sulfide in
excess of 800 grains of hydrogen sulfide per 100 dry
standard cubic feet of coke oven gas or the emission of
sulfur dioxide from any stack in excess of 4.10 pounds
of sulfur dioxide per million BTU actual heat input.
(ii) No owner or operator of any oil-fired steam generating
unit shall cause or permit the emission of sulfur dioxide
from any stack in excess of 0.60 pounds of sulfur dioxide
per million BTU actual heat input.
(iii.) No owner or operator of any coal-fired steam generating
unit shall cause or permit the emission of sulfur
dioxide from any stack in excess of 6.90 pounds of sulfur
dioxide per million BTU actual heat input.
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(57) In Seneca County:
(i) No present or any subsequent owner or operator of any
fossil fuel-fired steam generating unit(s) at Seneca
County, Ohio shall cause or permit the emissions of sul-
1 fur dioxide from any stack in excess of the limits
specified below:
•(£) 1.20 pounds of sulfur dioxide per million BTU
actual heat input for oil fired units.
*
(B) 8.20 pounds of sulfur dioxide per million BTU
actual heat input for coal fired units.
(ii) No present or any subsequent owner or operator of process
equipment, unless otherwise specified in this sub-
paragraph, shall cause or permit the emissions of sulfur
dioxide from any stack in excess of 34.0 pounds of sulfur
dioxide per ton of actual process weight input.
(iii) The Union Carbide Corporation, or any subsequent owner
or operator of the Union Carbide Corporation facilities
at Seneca County, Ohio shall not cause or permit emis-
sions of sulfur dioxide from any stack in excess of the
limits specified below:
(A) 552 pounds of sulfur dioxide per ton of actual
process weight input at the calcining furnace.
(B) 176 pounds of sulfur dioxide per ton of actual
process weight input at the activating furnace.
(58) la Stark County, no owner or operator of the following types
of facilities, unless otherwise specified in this subparagraph,
shall cause or permit emission of sulfur dioxide from any
stack in excess of the rates specified below:
(i) For fossil fuel-fired steam generating units between
10.0 and 60.0 million BTU per hour total rated capacity
1 of heat input, the emission rate in pounds of sulfur
dioxide per million BTU actual heat input shall be
calculated by the following equation:
EL = 18.48Qm"°'4886
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where Qm is the total rated capacity of heat input in
million BID per hour and EL is the allowable emission
rate in pounds of sulfur dioxide per million BTU actual
heat input.
(ii) For fossil fuel-fired steam generating units equal to or
greater than 60 million BTU per hour total rated capacity
of heat input: 2.50 pounds of sulfur dioxide per
million BTU actual heat input.
(iii) Republic Steel Corporation or any subsequent owner or
operator of the Massillon facilities in Stark County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any fossil fuel-fired steam generating unit
stack at the Massillon facility in excess of 4.40 pounds
of sulfur dioxide per million BTU actual heat input.
(iv) The present or any subsequent owner or operator of the
Massillon State Hospital facilities in Stark County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at this facility in excess of
5.20 pounds of sulfur dioxide per million BTU actual
heat input.
(v) The present or anysubsequent owner or operator of the
Grief Board Company facilities in Stark Coutny, Ohio
shall not cause or permit the emission of sulfur dioxide
from any stack at this facility in excess of 0.50
pounds of sulfur dioxide per million BTU actual heat
input.
(vi) The present or any subsequent owner or operator of the
Timken Steel Company facilities in Stark County, Ohio
shall not cause or permit the emission of sulfur
dioxide from any fossil fuel-fired steam generating unit(s)
stack at this facility in excess of the rates specified
below:
(A) 3.08 pounds of sulfur dioxide per million BTU actual
heat input for the stack common to the fossil
fuel-fired steam-generating units BOO! and B002
at the Gambrinus plant.
(B) 0.93 pounds of sulfur dioxide per million BTU actual
heat input for the fossil fuel-fired steam-generating
unit B003 at the Gambrinus Plant.
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(C) 0.0 pounds of sulfur dioxide per million BTU
actual heat input for the fossil fuel-fired steam-
generating units B003 and B004 at the Canton Number
5 Plant.
(D) 0.67 pounds of sulfur dioxide per million BTU actual
heat input for fossil fuel-fired steam-generating
at the Canton Number 5 Plant unless otherwise
specified in this subparagraph.
(vii) No owner or operator of any by-product coke oven operating
in Stark County, Ohio shall cause or permit the combustion
of by-product coke oven gas containing a total sulfur
content expressed as hydrogen sulfide in excess of 350
grains of hydrogen sulfide per 100 dry standard cubic
feet of coke oven gas or the emission of sulfur dioxide
from any stack in excess of 1.70 pounds of sulfur dioxide
per million BTU actual heat input.
(viii) No owner or operator of any process equipment in Stark
County, Ohio shall cause or permit the emission of sulfur
dioxide from any stack in excess of 80.0 pounds of sulfur
dioxide per ton of actual process weight input.
(ix) The Ashland Oil Company, or any subsequent owner or
operator of the Ashland Oil Company facilities in Stark
County, Ohio shall not cause or permit sulfur dioxide
emissions from any stack at this facility in excess of
the emission limitations listed below for the different
sources.
(A) 1.20 pounds of sulfur dioxide per million BTU actual
heat input to the stacks identified by Ashland Oil
Company as 4-16-B-ll and 4-9-B-6.
(B) 0.47 pounds of sulfur dioxide per million BTU actual
heat input for all process heaters and fossil fuel-
i fired steam-generating units unless otherwise speci-
fied in this subparagraph,
(C) 0.84 pounds of sulfur dioxide per 1,000 pounds of
charging stock for catalytic cracking units.
(D) 50 pounds of sulfur dioxide per 1,000 pounds of sul-
fur processed for sulfur recovery plants.
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(59) In Surmrit County, no owner or operator of the following
types of facilities, unless otherwise specified in this
subparagraph, shall cause or permit emissions of sulfur
dioxide from any stack in excess of the rates specified
below:.
(i) For fossil fuel-fired steam generating units between
10.0 and 300 million BTU per hour total rated capacity
of heat input, the emission rate in pounds of sulfur
dioxide per million BTU actual heat input shall be
calculated by the following! equation:
EL = 17.55Q "°-3993
where Qm is the total "rated capacity of heat input im
million BTU per hour and EL is the allowable emission
rate in pounds of sulfur dioxide per million BTU actual
heat input.
(ii) For fossil fuel-fired steam generating unit(s) equal to
or greater than 300 million BTU per hour total rated
capacity of heat input, 1.80 pounds of sulfur dioxide
per million BTU actual heat input.
(iii) The present or subsequent owner or operator of the
Diamond Crystal facility in Summit County, Ohio shall
not cause or permit the emission of sulfur dioxide from
any stack at this facility in excess of 6.10 pounds of
sulfur dioxide per million BTU actual heat input.
(iv) The present or subsequent owner or operator of the
Akwell Industries facilities in Summit County, Ohio
shall not cause or permit the emission of sulfur
dioxide from any stack at this facility in excess of 3.60
pounds of sulfur dioxide per million BTU actual heat
input.
i
(v) The present or subsequent owner or operator of the Ohio
Brass Company facilities in Summit County, Ohio shall
not cause or permit the emission of sulfur dioxide from
'any stack at this facility in excess of 4.20 pounds of
sulfur dioxide per million BTU actual input.
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(vi) ,The present or subsequent owner of operator of the
Sieberling Rubber Company facilities in Summit County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack at this facility in excess of
1.33 pounds of sulfur dioxide per million BTU actual
heat input.
(vii) The present or subsequent owner or operator of the
Firestone Tire and Rubber Company facilities in Summit
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at this facility in excess
of 1.78 pounds of sulfur dioxide per million BTU actual
heat input.
(viii) The present or subsequent owner or oeprator of the B.F.
Goodrich Tire and Rubber Company facilities in Summit
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at this facility in excess
of2.71 pounds of sulfur dioxide per million BTU actual
heat input.
(ix) The Goodyear Tire and Rubber Company or any subsequent
owner or operator of the Goodyear facilities in Summit
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack in excess of the rates
specified below:
(A) 3.96 pounds of sulfur dioxide per million BTU actual
heat input for fossil fuel-fired steam-generating
unit BOO! located at Plant I.
r
(B) 1.80 pounds of sulfur dioxide per million BTU actual
heat input for fossil fuel-fired steam-generating
units B002 and 6003 located at Plant I.
(C) 1.84 pounds of sulfur dioxide per million BTU actual
heat input for all fossil fuel-fired steam-generating
units located at Plant II.
(D) 100 pounds of sulfur dioxide per 1,000 pounds of
sulfur processed for the sulfur recovery unit(s).
(x) The present or any subsequent, owner or operator of the
Tecumseh Company facilities in Summit County, Ohio shall
not cause or permit sulfur dioxide emissions from fossil
fuel-fired steam generating unit(s) in excess of the rates
specified below:
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(A) 1.70 pounds sulfur dioxide per million BTU actual
heat input for coal-fired units, and
(B) 0.70 pounds sulfur dioxide per million BTU actual
heat input for oil-fired unit(s).
(xi) The Ohio Edison Company or any subsequent owner or opera-
tor of the Ohio Edison Company's Beech Street Power
Station in Summit County, Ohio shall not cause or permit
the emission of sulfur dioxide from any stack at the Beech
Street Plant in excess of 2.71 pounds of sulfur dioxide
per million BTU actual heat input.
(xii) The Ohio Edison Company or any subsequent owner or opera-
tor of the Ohio Edison Company's Gorge Plant in Summit
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at the Gorge Plant in excess
of 2.56 pounds of sulfur dioxide per million BTU actual
heat input.
(xiii) No owner or operator of any process equipment, unless
otherwise specified in this subparagraph, shall cause or
permit the emission of sulfur dioxide from any stack
containing sulfur dioxide in excess of 17.0 pounds of
sulfur dioxide per ton of actual process weight input.
(xiv) PPG Industries or any subsequent owner or operator of
the PPG Industries facilities located in Summit County,
Ohio shall not cause or permit the emission of sulfur
dioxide from any stack in excess of the rates specified
below:
(A) 1.78 pounds of sulfur dioxide per million BTU actual
heat input for fossil fuel-fired steam-generating
unit(s).
(B) 0.0 pounds of sulfur dioxide per ton actual process
weight input for the kilns.
(60) In Trumbull County:
(i) No owner or operator, unless otherwise specified in the
subparagraph, shall cause or permit the emission of sulfur
dioxide from any stack in excess of 3.00 pounds of sulfur
dioxide per million BTU actual heat input for coal-fired
steam generating units.
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(ii) 'No owner or operator, unless otherwise specified in this
subparagraph, shall cause or permit the emission of
sulfur dioxide from any stack in excess of 1.00 pounds
of sulfur dioxide per million BID actual heat input
for oil-fired steam generating units.
(iii) The Republic Steel Company or any subsequent owner or
operator of the Republic Steel facilities in Trumbull
County, Ohio shall not cause or permit the emission
of sulfur dioxide from fossil fuel-fired steam-generating
unit number BOO! in excess of 1.60 pounds of sulfur
dioxide per million BTU actual heat input and from process
operation P001 in excess of 1.00 pounds of sulfur dioxide
per million BTU of actual heat input.
(iv) Republic Steel Corporation or any subsequent owner or
operator of the Republic Steel facilities in Trumbull
County, Ohio shall not cause or permit the combustion
of by-product coke oven gas containing a total sulfur
content expressed as hydrogen sulfide in excess of 300
grains of hydrogen sulfide per 100 dry standard cubic
feet of coke oven gas or 1.52 Ibs. SOg/MMBTU actual heat
input.
(v) No owner or operator of any proces, unless otherwise
specified in this subparagraph, shall cause or permit
the emission of sulfur dioxide from any stack in excess
of 2.00 pounds of sulfur dioxide per million BTU of actual
heat input to the process operation.
(vj) The Ohio Edison Company or any subsequent owner or
operator of the Niles Power Plant located in Trumbull
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack in excess of 5.41 pounds
'of sulfur dioxide per million BTU of actual heat input.
(vii) In lieu of meeting subparagraph (60) (vi), the Ohio
i Edison Company may elect, in accordance with the com-
pliance schedule provisions of § 52.1882, to comply with
the emission limitations which will satisfy the following
equation:
(A) 0.0923 (EL1+EL2) <1
i
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where EL-j is the emission limitation (pounds per million
BTU) per stack i and i is the stack number. For purposes
of this regulation each stack is identified as follows:
Stack No.: Boiler identification
1 1
2 2
(viii) The United States Steel Corporation or any subsequent
owner or operator of the McDonald Mills in Trumbull
County, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at the McDonald Mills in
'excess of 0.50 pounds of sulfur dioxide per million
BTU actual heat input.
(61) In Tuscarawas County:
(i) The present or subsequent owner or operator of the
Dover Municipal Power Plant in Tuscarawas County, Ohio
shall not cause or permit the emission of sulfur dioxide
from any stack at this facility in excess of 4.60 pounds
of sulfur dioxide per million BTU actual heat input.
(ii) No owner or operator of any process shall cause or permit
the emission of sulfur dioxide from any stack in excess
of 37.0 pounds of sulfur dioxide per ton of actual pro-
cess weight input.
(62) In Vinton County, no owner or operator of any fossil fuel-fired
steam generating unit shall cause or permit the emission of
sulfur dioxide from any stack in excess of 4.80 pounds of sul-
fur dioxide per million BTU actual heat input.
!
(63) In Washington County:
(i,) The Ohio Power Company or any subsequent owner or operator
of the Muskingum River Power Plant in Morgan and Washington
Counties, Ohio shall not cause or permit the emission of
sulfur dioxide from any stack at the Muskingum River
Plant in excess of 6.48 pounds of sulfur dioxide per
million BTU of actual heat input.
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(ii) In lieu of meeting subparagraph (63) (i), the Ohio
• Power Company may elect, in accordance with the com-
pliance schedule provisions of § 52.1882, to comply with
the emission limitatins which will satisfy all the
following equations:
(A) 0.0773 ELi+0.0622 EL2 *1
(B) 0.0640 ELi+0.0902 E12 <1
where El_i is the emission limitation (pounds per million
BTU) per stack i, and i is the stack number. For pur-
poses of this regulation each stack is identified as
follows:
Stack No.: Boiler identification
1 1,2,3,4
2 5
I (iii) The Shell Oil Company or any subsequent owner or operator
i cf the Shell Oil facilities at Washington County, Ohio
.shall not cau.se or permit the emission of sulfur dioxide
'from any stack at this facility in excess of 2.50 pounds
of sulfur dioxide per million BTU actual heat input.
(64) In Wayne County, no present or subsequent owner or operator
of fossil fuel-fired steam generating units at the facilities
listed below shall cause or permit emissions of sulfur dioxide
in excess of 7.00 pounds of sulfur dioxide per million BTU
actual heat input:
(A) Morton Salt Company
(B) Packaging Corporation of America
(C) Orrville Municipal Power Plant
(65) In Wood County no owner or operator of any fossil fuel-fired
steam generating unit or process operation heater shall cause
or perrrit the emission of sulfur dioxide from any stack in
excess of 1.10 pounds of sulfur dioxide per million BTU actual
heat input.
(39 FR 13542, Apr. 15, 1974, as amended at 41 FR 36328,
Aug. 27, 1976; 41 FR 52455, Nov. 30, 1976; 41 FR 27589,
May 31, 1977)
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(6.0) § 52.1882 Compliance schedules.
(b) Federal compliance schedule for petitioners in Buckeye Power, Inc.
et al v. USEPA, No. 76-2090 et al.
(1) Except as provided in paragraph (b) (5) of this section, the
owner or operator of any process equipment subject to applicable
subparagraphs of § 52.1881 (b) shall comply with the compliance
schedule in paragraph (a) (2) of this section.
(2) Any owner or operator of any process equipment subject to appli- .
cable paragraphs of § 52.1881 (b) of the Chapter shall take the
following actions to comply with the requirements of said reg-
ulation with respect to that source no later than the date
specified.
(i) 8 weeks from June 17, 1977: Submit preliminary control
plans to the Administrator.
(ii) 25 weeks from June 17, 1977: Submit final control plan
to the Administrator.
(iii) 34 weeks from June 17, 1977: Award contracts for emissions
control systems or process modification, or issue orders
for purchase of component parts to accomplish emission
control or process modification and notify the Administrator
in writing that such action was taken.
(iv) 52 weeks from June 17, 1977: Initiate on-site construction
or installation of emission control equipment or process
change and notify the Administrator in writing that such
action was taken.
(v) 139 weeks from June 17, 1977: Complete construction or
installation of emission control equipment or process
change and notify the Administrator in writing that such
action was taken.
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(vi) 154 weeks from June 17, 1977: Complete shakedown opera-
tions and performance test of source, submit performance
test results to the Administrator and achieve final com-
pliance with 552.1881(b) of this chapter, as applicable.
(3) ' Except as provided in subparagraph (5) of this paragraph, the
owner or operator of any stack venting any fossil fuel-fired
steam generating unit(s) subject to 552.1881(b) of this chapter
shall 'comply with the applicable compliance schedule in para-
graph (a)(4) of this section.
(4) (i) The owner or operator of any stack venting any fossil
fuel-fired steam generating unit(s) or process subject
to S52.1881(b) of this chapter who elects to comply with
an applicable optional emission limitation specified in
s'52.1881(b) of this chapter, shall notify the Administra-
tor no later than 17 weeks after June 17, 1977 of the
specific emission limitations selected. Failure to select
applicable optional emission limitations shall result in
the facility being subject to the single uniform emission
limitation for all stacks at that facility specified in
552.1881(b). Notice received later than 17 weeks after
June 17, 1977 shall be invalid.
(ii) The owner or operator of any fossil fuel-fired steam
generating unit(s) subject to applicable subparagraphs of
S52.1881(b) of this chapter shall notify the Administrator
no later than 17 weeks after June 17, 1977 of his intent
to utilize either low-sulfur fuel including blended or
washed coal or flue gas desulfurization to comply with the
requirements of said regulation.
(iii)' Any owner or operator of any stack venting any fossil
fuel-fired steam generating unit(s) subject to applicable
subparagraphs of 552.1881(b) of this chapter who elects to
• utilize low sulfur fuel including blended or washed coal to
comply with the requirements of said regulation shall take
the following actions with respect to that source no later
, than the date specified:
(A) 17 weeks after June 17, 1977: Submit to the Adminis-
trator a projection for ten years of the amount of
1 fuel by types that will be substantially adequate to
enable compliance with 552.1881(b) of this chapter,
as applicable.
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(B) 32 weeks from June 17, 1977: Submit data demonstra- .
ting the availability of the fuel meeting the require-
ments projected in subparagraph (a) to the
Administrator.
(C) 36 weeks after June 17, 1977: Submit a statement to
the Administrator as to whether boiler modifications
will or will not be required. If modifications will
• be required, submit plans for such modifications.
i
(D) 50 weeks from June 17, 1977: Let contracts for neces-
sary boiler modifications, if applicable, and notify
the Administrator in writing that such action was
taken.
(E) 60 weeks after June 17, 1977: Initiate on-side modi-
fications, if applicable, and notify the Administrator
in writing that such action was taken.
(F) 118 weeks'from June 17, 1977: Complete on-site modi-
fication, if applicable, and notify the Administrator
in writing that such action was taken.
(G) 122 weeks from June 17, 1977: Achieve final compli-
ance with the emission limitation of S52.1881(b) of
this chapter, as applicable, and notify the Adminis-
trator in writing that such action was taken.
(iv) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable sub-
paragraphs of S52.1881(b) of this chapter who elects to
utilize flue gas desulfurization to comply with the require-
ments of said regulations shall take the following actions
with respect to the source no later than the date specified.
(A) 17 weeks from June 17, 1977: Let necessary contracts
for construction and notify the Administrator in writ-
ing that such action was taken.
(B) 61 weeks from June 17, 1977: Initiate on-site construc-
tion and notify the Administrator in writing that such
action was taken.
('C) 145 weeks from June 17, 1977: Complete on-site con-
struction and notify the Administrator in writing that
such action was taken.
(D) 156 weeks from June 17, 1977: Complete shakedown
operations and performance test on source, submit per-
formance test results to the Administrator and achieve
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final compliance with §52.1881(b) of this chapter,
as applicable.
(5) (1) None of the preceding subparagraphs of this paragraph shall
apply to any owner or operator of a source which is pre-
sently in compliance with the applicable subparagraphs of
552.1881(b) of this chapter.
(ii) Any owner or operator of a source capable of emitting 100
tons of sulfur dioxide per year from all stacks at any
facility who is presently in compliance with the applicable
subparagraphs of 552.1881(b) of this chapter shall so cer-
tify to the Administrator by four weeks from June 17, 1977.
(iii) Any owner or operator subject to a compliance schedule in
this paragraph who elects to achieve compliance by means
not covered by this paragraph may submit to the Adminis-
trator no later than six weeks from June 17, 1977, a pro-
posed alternative compliance schedule. For process equip-
ment subject to applicable subparagraphs of 552.1881(b) of
this chapter no such compliance schedule may provide for
final compliance after the final compliance date in sub-
paragraph (2) of this paragraph. For any stack venting
any fossil fuel-fired steam-generating unit(s) subject to
applicable subparagraphs of S52.1881(b) of this chapter,
which will utilize, low-sulfur fuel including blended or
washed coal to comply with the requirements of said regu-
lations, no such compliance schedule may provide for final
compliance after final compliance date in subparagraph
(4)(iii) of this paragraph. For any stack venting any
fossil fuel-fired steam-generating unit(s) subject to appli-
cable subparagraphs of §52.1881(b) of this chapter, which
will utilize flue gas desulfurization to comply with the
requirements of said regulations, no such compliance sched-
ule may provide for final compliance after the final compli-
ance date in subparagraph (4)(iv) of this paragraph.
(iv) Any owner or operator of any process equipment subject to
applicable subparagraphs of §52.1881(b) of this chapter,
who submits an alternative compliance schedule pursuant to
552.1882(b) (5)(iii) of this chapter shall remain subject
to the provisions of S52..1882(b)(2) of this chapter until
the alternative schedule is approved by the Administrator.
(v) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable sub-
' paragraphs of 552.1881(b) of this chapter who submits an
alternative compliance schedule pursuant to s52.1882(b)(5)
(iii) of this chapter shall remain subject to the provisions
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of 552.1882(b)(4) of this chapter until the alternative
schedule is approved by the Administrator.
(6) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the
application of the compliance schedules in paragraphs (d)(2)
or (4) of this section fails to satify the requirements of
S52.25 (b) and (c) of this chapter.
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(17.0) 152.1884 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
,(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality-standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations ___
Pollutant Class I Class II
(ug/m3) (ug/iti3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to toncentrations~of'particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
t
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
. Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
withtthe Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
rot assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested.and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
1 with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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. (d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
. submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
, and capricious.
(d) Review of new sources
(1) THe pV-ovisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply tc any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification .
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
i *
(ii) Coal Cleaning Plants.
(.iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii), Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(odx) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a'source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) • The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of.other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
.emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
i
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
indus.tna'1, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
1 of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
, is^rator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination.whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator4 in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the.Ideations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will, be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (vj of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator,
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1» 1975* without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion- or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18' months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan,
(f) Delegation uf authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i)' Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1,) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the. Administrator's
authority for implementing the procedures for"conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources' which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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