3745-110-04. Compliance deadlines

(A) Certification and permit application requirements.

(1) Within one hundred twenty days of becoming subject to this chapter, any owner or operator of a source subject to paragraphs (A) to (G) of rule 3745-110-03 of the Administrative Code and which is not subject to paragraph (A)(2) of this rule shall do one of the following:

(a) Certify in writing to the director that such source is in compliance with all requirements of rule 3745-110-03 of the Administrative Code. Such certification shall include: equipment description, Ohio environmental protection agency permit application number(s) (if assigned), and all necessary data (consistent with the appropriate permit application appendices) and calculations which confirm the compliance status. The certification shall also include an application for a permit-to-operate such source if such source does not possess an effective permit.

(b) Submit an application for a permit-to-operate or an application for a modification to a permit-to-operate in accordance with either rule 3745-31-02 of the Administrative Code or Chapter 3745-77 of the Administrative Code. Such application shall include a compliance program which will bring the source into compliance with all the requirements of rule 3745-110-03 of the Administrative Code as expeditiously as practicable, but in no event later than the date specified in paragraph (B) of this rule.

(2) Within one year of becoming subject to this chapter, any owner or operator of a source subject to paragraph (J) of rule 3745-110-03 of the Administrative Code shall submit a complete RACT study to the Ohio environmental protection agency .

(B) RACT compliance deadline.

Any owner or operator of a source which is subject to the requirements of rule 3745-110-03 of the Administrative Code, including any source for which the director approves a definition of RACT pursuant to paragraph (J) of rule 3745-110-03 of the Administrative Code and has not approved an alternative schedule for implementing the RACT, shall achieve and demonstrate compliance with said emissions limitations and control requirements as expeditiously as practicable, but in no event later than the following, and shall maintain compliance thereafter:

(1) For facilities conducting a RACT study, one of the following:

(a) By not later than two years after approval by the director of the RACT study, if combustion modifications are required to demonstrate compliance with the applicable NOx emissions limitations.

(b) By not later than three years after approval by the director of the RACTstudy, if add-on controls are required to demonstrate compliance with the applicable emissions limitations.

(2) For facilities not conducting a RACT study, one of the following:

(a) By not later than two years of becoming subject to this chapter, if combustion modifications are required to demonstrate compliance with the applicable emissions limitations.

(b) By not later than three years of becoming subject to this chapter, if add-on controls are required to demonstrate compliance with the applicable emissions limitations.

Effective: 6/18/2020
Five Year Review (FYR) Dates: 2/27/2020 and 06/18/2025
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 12/22/2007, 07/18/2013