3745-17-14. Contingency plan requirements for Cuyahoga and Jefferson counties

(A) By not later than April 1, 1992, the owner or operator of each facility identified below shall submit to the Ohio EPA approvable control strategies and compliance schedules which meet the following :

(1) The control strategies shall be capable of reducing the particulate emissions from each of the facilities identified in this paragraph by each of the two levels specified in this paragraph for each facility:

Facility Name (premise number) Total, required particulate emission reductions for the facility (in pounds per hour at the maximum operating rates)

	Fifteen per cent reduction level	Twenty-five per cent reduction level
United Ready Mix (1318005960)	1.1	1.1
International Mill Service, Incorporated (1741090068)	0.8	0.8

(2) Except as otherwise provided in this paragraph, the particulate emission reductions specified in paragraph (A)(1) of this rule shall be obtained from the sources identified for each affected facility in rules 3745-17-12 and 3745-17-13 of the Administrative Code. If the required reductions cannot reasonably be obtained from those sources, control strategies may be developed for other sources at the facility in order to meet the required reductions for the facility.

(3) In calculating the control strategy, hourly particulate emission rate for a source, the maximum operating rate for the source shall be used. In addition, for a source identified in rule 3745-17-12 or 3745-17-13 of the Administrative Code, the baseline, hourly particulate emission rate shall be based upon the allowable emission rate specified in those rules and the maximum operating rate; and the control strategy shall be designed to reduce the particulate emissions below that baseline, hourly particulate emission rate. For a source which is not identified in rule 3745-17-12 or 3745-17-13 of the Administrative Code, the baseline, hourly particulate emission rate shall be based upon the actual or allowable emission rate, whichever is lower, and the maximum operating rate; and the control strategy shall be designed to reduce the particulate emissions below that baseline, hourly particulate emission rate.

(4) The following information shall be submitted for each source for which a control strategy is developed:

(a) A description of the source and the existing control equipment or control measures.

(b) The Ohio EPA application number.

(c) The hourly, baseline particulate emission rate, and the assumptions and calculations which were used to derive the emission rate.

(d) A description of the type of control equipment or control measures which will be employed to reduce the hourly emission rate, including the general design specifications or operating parameters.

(e) The hourly particulate emission rate that will be achieved by employing the proposed control equipment or control measures, and the assumptions and calculations which were used to derive the emission rate.

(f) The approximate total installed cost and annual operating cost for the proposed control equipment or control measures, and the assumptions and calculations which were used to derive the costs.

(5) The schedule for implementing each control strategy shall commence upon a formal determination and notification by the Ohio EPA or the United States environmental protection agency that the county where the facility is located is not in compliance with the ambient air quality standards for PM₁₀, as specified in rule 3745-25-02 of the Administrative Code. The schedule shall include dates for the following milestones:

(a) Award contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification.

(b) Initiate on-site construction or installation of emission control equipment or process change.

(c) Complete on-site construction or installation of emission control equipment or process change.

(d) Achieve final compliance.

The owner or operator shall demonstrate to the satisfaction of the director that the schedule is as expeditious as practicable.

(B) The control strategies and compliance schedules submitted in accordance with paragraph (A) of this rule shall be approved by the director through the issuance, pursuant to division (R) of section 3704.03 of the Revised Code, of administrative findings and orders. The findings and orders shall be submitted to and approved by the United States environmental protection agency as a revision to the Ohio state implementation plan for particulates.

(C) Upon a formal determination and notification by the Ohio EPA or the United States environmental protection agency that Cuyahoga county or Jefferson county is not in compliance with the ambient air quality standards for PM₁₀, as specified in rule 3745-25-02 of the Administrative Code, the owner or operator of each facility identified in paragraph (A)(1) of this rule shall implement the control strategies and schedules which have been approved by the director. (Such formal determination and notification of nonattainment shall not occur prior to January 1, 1994.) If the determination and notification of nonattainment are based upon a twenty-four-hour average ambient air concentration of PM₁₀ of greater than one hundred fifty micrograms per cubic meter and less than or equal to one hundred seventy-two and one half micrograms per cubic meter, the owner or operator of each affected facility shall implement the set of approved control strategies and compliance schedules which are designed to reduce the hourly particulate emission rate by fifteen per cent or more. If the determination and notification of nonattainment are based upon a twenty-four-hour average ambient air concentration of PM₁₀ of greater than one hundred seventy-two and one half micrograms per cubic meter, the owner or operator of each affected facility shall implement the approved control strategies and compliance schedules which are designed to reduce the hourly particulate emission rate by twenty-five per cent or more.

(D) Notwithstanding paragraph (C) of this rule, if the determination and notification of nonattainment referenced in paragraph (C) of this rule reflects continued nonattainment in only a portion of the county, the director may limit the requirement for implementation of contingency measures to those facilities which are identified in paragraph (A)(1) of this rule and which are located either in that portion of Jefferson county within a two-kilometer radius from the ambient air quality monitor showing continued nonattainment or in that portion of Cuyahoga county within a three-kilometer radius from the ambient air quality monitor showing continued nonattainment.

(E) For purposes of this rule, PM₁₀ shall be defined and determined in accordance with paragraph (B)(21) of rule 3745-17-01 of the Administrative Code.

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: 6/14/91, 12/6/91, 11/15/95, 1/31/98, 2/1/08, 4/18/09