3745-17-04. Compliance time schedules

(A) Certification and permit application requirements.

(1) Except as otherwise provided in paragraph (A)(2) of this rule, by no later than October 1, 1980, any owner or operator of an air contaminant source subject to paragraph (B)(2) of rule 3745-17-07 of the Administrative Code or of a fugitive dust source subject to paragraph (D) of rule 3745-17-08 of the Administrative Code, as those rules existed on June 18, 1980, shall do either of the following:

(a) Certify in writing to the director that such source is in compliance with paragraph (B)(2) of rule 3745-17-07 of the Administrative Code and paragraph (B) of rule 3745-17-08 of the Administrative Code, as applicable. Such certification shall include: equipment description, Ohio EPA permit application number (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 in accordance with rule 3745-35-02 of the Administrative Code 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 rule 3745-35-02 of the Administrative Code. Such application shall include a final control plan and a compliance schedule which will bring the source into compliance with paragraph (B)(2) of rule 3745-17-07 of the Administrative Code and paragraph (B) of rule 3745-17-08 of the Administrative Code as expeditiously as practicable but in no event later than the dates specified in paragraph (B) of this rule.

[Comment: Applications requiring submittal prior to June 30, 2008, for sources not subject to the Title V program, were to be submitted in accordance with now rescinded Chapter 3745-35 of the Administrative Code.]

(2) Any owner or operator of an air contaminant source, which is subject to paragraph (D) of rule 3745-17-08 of the Administrative Code, as such rule existed on August 1, 1982, and which is located in Madison township, Sandusky county, Ohio, shall comply with the certification and permit application requirements in paragraph (A)(1) of this rule by no later than October 1, 1982.

(3) Any certification or application required by paragraph (A)(1) of this rule, or any permit issued by the director, may include multiple, similar fugitive dust sources located at a specified facility, if such similar fugitive dust sources fall within one of the following general source categories: storage piles, mineral extraction operations, material handling operations, or roads and parking lots. Where appropriate, the certification, application or permit may specify such similar fugitive dust sources and their associated control measures by their general source categories.

(4) By no later than October 1, 1991, any owner or operator of an air contaminant source subject to rule 3745-17-12 of the Administrative Code, as such rule existed on June 14, 1991, shall comply with the requirements in either of the following :

(a) Certify in writing to the director that such source is in compliance with rule 3745-17-12 of the Administrative Code. Such certification shall include: equipment description, Ohio EPA permit application number, 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 in accordance with rule 3745-35-02 of the Administrative Code if such source does not possess an effective permit.

(b) Submit an application for a permit-to-operate or an application for a modification in accordance with rule 3745-35-02 of the Administrative Code. Such application shall include a final control plan and a compliance schedule which will bring the source into compliance with rule 3745-17-12 of the Administrative Code as expeditiously as practicable, but in no event later than the dates specified in paragraph (B) of this rule.

[Comment: Applications requiring submittal prior to June 30, 2008, for sources not subject to the Title V program, were to be submitted in accordance with now rescinded Chapter 3745-35 of the Administrative Code.]

(5) By no later than January 1, 1992, any owner or operator of an air contaminant source subject to rule 3745-17-13 of the Administrative Code, as such rule existed on December 6, 1991, shall comply with either of the following :

(a) Certify in writing to the director that such source is in compliance with rule 3745-17-13 of the Administrative Code. Such certification shall include: equipment description, Ohio EPA permit application number, 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 in accordance with rule 3745-35-02 of the Administrative Code if such source does not possess an effective permit.

(b) Submit an application for a permit-to-operate or an application for a modification in accordance with rule 3745-35-02 of the Administrative Code. Such application shall include a final control plan and a compliance schedule which will bring the source into compliance with rule 3745-17-13 of the Administrative Code as expeditiously as practicable, but in no event later than the dates specified in paragraph (B) of this rule.

[Comment: Applications requiring submittal prior to June 30, 2008, for sources not subject to the Title V program, were to be submitted in accordance with now rescinded Chapter 3745-35 of the Administrative Code.]

(6) By no later than October 15, 1983, the " Conesville Power Plant" (OEPA premise number 0616000000) or any subsequent owner or operator of the "Conesville Power Plant" facility located at 47201 County Road 273, Conesville, Ohio shall submit an application for a permit-to-operate in accordance with rule 3745-35-02 of the Administrative Code, as such rule existed on August 1, 1982, for unit four main boiler (OEPA source number B004). Such application shall include a final control plan and a compliance schedule which will bring the source into compliance with paragraph (C)(6) of rule 3745-17-10 of the Administrative Code as expeditiously as practicable but in no event later than the date specified in paragraph (B)(4) of this rule.

(B) Compliance time schedules.

(1) Any owner or operator of an air contaminant source, which is subject to rule 3745-17-07 of the Administrative Code, shall achieve compliance with the requirements by the following deadlines:

(a) For paragraph (A) of rule 3745-17-07 of the Administrative Code, by June 18, 1980.

(b) For paragraphs (B)(2)(b), (B)(2)(c), and (B)(2)(e) of rule 3745-17-07 of the Administrative Code, by December 31, 1982.

(c) For paragraphs (B)(2)(a) and (B)(2)(d)(ii) of rule 3745-17-07 of the Administrative Code, by October 1, 1983.

(d) For paragraphs (B)(3) to (B)(6) of rule 3745-17-07 of the Administrative Code, by June 14, 1991.

(e) For paragraph (B)(7) of rule 3745-17-07 of the Administrative Code, by January 31, 1998.

(2) Except as otherwise provided in paragraph (B)(3) of this rule, any owner or operator of a fugitive dust source, which is subject to paragraph (D) of rule 3745-17-08 of the Administrative Code, shall achieve compliance with paragraph (B) of rule 3745-17-08 of the Administrative Code as expeditiously as practicable, but not later than the deadlines established in the following schedules:

(a) For paragraphs (B)(2), (B)(7) and (B)(8) of rule 3745-17-08 of the Administrative Code, by August 1, 1981.

(b) For paragraph (B)(6) of rule 3745-17-08 of the Administrative Code, by January 1, 1982.

(c) For paragraphs (B)(3) and (B)(4) of rule 3745-17-08 of the Administrative Code and any other reasonably available control measures not specifically described in rule 3745-17-08 of the Administrative Code, by December 31, 1982.

(3) Any owner or operator of an air contaminant source, which is subject to paragraph (D) of rule 3745-17-08 of the Administrative Code and which is located in Madison township, Sandusky county, Ohio, shall achieve compliance with paragraph (B) of rule 3745-17-08 of the Administrative Code as expeditiously as practicable, but not later than the deadlines in the following schedules:

(a) For paragraphs (B)(2), (B)(7) and (B)(8) of rule 3745-17-08 of the Administrative Code, by August 1, 1983.

(b) For paragraph (B)(6) of rule 3745-17-08 of the Administrative Code, by January 1, 1984.

(c) For paragraph (B)(3) of rule 3745-17-08 of the Administrative Code and any other reasonably available control measures not specifically described in rule 3745-17-08 of the Administrative Code, by January 1, 1985.

(4) " Conesville Power Plant" (OEPA premise number 0616000000) or any subsequent owner or operator of the " Conesville Power Plant", 47201 County road 273, Conesville, Ohio shall achieve compliance with paragraph (C)(6)(b) of rule 3745-17-10 of the Administrative Code as expeditiously as practicable, but not later than June 19, 1984.

(5) Any owner or operator of an air contaminant source, which is subject to rule 3745-17-11 of the Administrative Code, shall achieve compliance with the requirements as expeditiously as practicable, but not later than the deadlines established in the following schedules:

(a) For paragraphs (B)(1) to (B)(3) of rule 3745-17-11 of the Administrative Code, by April 15, 1977.

(b) For paragraph (B)(4) of rule 3745-17-11 of the Administrative Code, by June 14, 1991.

(c) For paragraphs (B)(5) and (B)(6) of rule 3745-17-11 of the Administrative Code, by January 31, 1998.

(6) Any owner or operator of an air contaminant source, which is subject to rule 3745-17-12 of the Administrative Code, shall achieve compliance with the requirements as expeditiously as practicable, but not later than the deadlines established in the following schedules:

(a) For paragraphs (C)(3)(c)(i), (F)(3), (G), (M)(3), (N), (O)(3), (P)(5), (P)(6), (R), (S)(4), (U)(3), (V)(3), and, (W) of rule 3745-17-12 of the Administrative Code, by June 14, 1991 .

(b) For paragraphs (C)(1), (E), (F)(1), (F)(2), (K), (M)(1), (M)(2), (U)(1), (U)(2), (V)(1), (V)(2), (X)(1), and (Z) of rule 3745-17-12 of the Administrative Code, by August 1, 1992.

(c) For paragraphs (C)(2) and (X)(4) of rule 3745-17-12 of the Administrative Code, by January 1, 1993.

(d) For paragraphs (C)(3)(a), (C)(3)(b), (C)(3)(c)(ii), (D), (F)(4), (F)(5), (H), (L), and (S)(1) to (S)(3), (V)(4), (X)(2), and (X)(3) of rule 3745-17-12 of the Administrative Code, by December 10, 1993.

(e) [Reserved.]

(f) For paragraphs (O)(10), (P)(1), (P)(2), and (P)(10) of rule 3745-17-12 of the Administrative Code, by January 31, 1998.

(g) [Reserved.]

(7) Any owner or operator of an air contaminant source, which is subject to rule 3745-17-13 of the Administrative Code, shall achieve compliance with the requirements as expeditiously as practicable, but not later than the deadlines established in the following schedules:

(a) For paragraph (D)(3) of rule 3745-17-13 of the Administrative Code, by December 6, 1991.

(b) For paragraph (B) of rule 3745-17-13 of the Administrative Code, by November 1, 1992.

(c) For paragraphs (D)(2), (D)(5) and (D)(6) of rule 3745-17-13 of the Administrative Code, by not later than February 1, 2008.

(d) [Reserved.]

(e) For paragraphs (C) and (D)(1) of rule 3745-17-13 of the Administrative Code, by January 31, 1998.

(8) Any owner or operator of a facility, which is subject to paragraph (C)(1) of rule 3745-17-03 of the Administrative Code, shall achieve compliance with the requirements by January 31, 1998.

Effective: 1/20/2018
Five Year Review (FYR) Dates: 6/1/2017 and 01/20/2023
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 7/28/75, 9/25/78, 6/18/80, 8/1/82, 10/1/83, 6/14/91, 12/6/91, 11/15/95, 1/31/98, 4/14/03, 2/1/08