3745-31-10. NSR projects at existing emissions units at a major stationary source

(A) The following provisions apply to NSR projects at existing emissions units at a major stationary source (other than NSR projects at a stationary source with a PAL) in circumstances where there is a reasonable possibility that a NSR project that is not part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraph (GGGGG) of rule 3745-31-01 of the Administrative Code for calculating projected actual emissions.

(1) Before beginning actual construction of the NSR project, the owner or operator shall document and maintain a record of the following information:

(a) A description of the NSR project.

(b) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the NSR project.

(c) A description of the applicability test used to determine that the NSR project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of "could have accommodated" emissions excluded under paragraph (GGGGG)(1)(c) of rule 3745-31-01 of the Administrative Code and an explanation for why such amount was excluded, and any netting calculations, if applicable.

(2) Before beginning actual construction, regardless of whether the owner or operator determines there is a reasonable possibility that a NSR project that is not part of a major modification may result in a significant emissions increase, the owner or operator shall provide a copy of the information set out in paragraph (A)(1) of this rule to the director for any of the following:

(a) New or modified emissions units where the sum of the federally enforceable potential to emit of the new or modified emissions units associated with the NSR project prior to the issuance of the NSR project's permit-to-install is greater than any one of the significant levels found in the significant definition of rule 3745-31-01 of the Administrative Code.

(b) Any emissions unit that is an existing electric utility steam generating unit.

(c) Unless required elsewhere in this rule, nothing in this paragraph shall be construed to require the owner or operator of such emissions unit to obtain any determination from the director before beginning actual construction.

(3) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the NSR project and that is emitted by any emissions units identified in paragraph (A)(1)(b) of this rule; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the NSR project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

(4) If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the director within sixty days after the end of each year during which records must be generated under paragraph (A)(3) of this rule setting out the emissions unit's annual emissions during the year that preceded submission of the report.

(5) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the director if the annual emissions, in tons per year, from the NSR project identified in paragraph (A)(1) of this rule, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (A)(1)(c) of this rule, by a significant amount for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (A)(1)(c) of this rule. Such report shall be submitted to the director within sixty days after the end of such year. The report shall contain the following:

(a) The name, address and telephone number of the major stationary source.

(b) The annual emissions as calculated pursuant to paragraph (A)(3) of this rule.

(c) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

(6) A "reasonable possibility" under this rule occurs when the owner or operator calculates the project to result in either:

(a) A projected actual emissions increase of at least fifty per cent of the amount that is a "significant emissions increase," as defined in rule 3745-31-01 of the Administrative Code (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant.

(b) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph (GGGGG)(3) of rule 3745-31-01 of the Administrative Code, sums to at least fifty per cent of the amount that is a "significant emissions increase," as defined under paragrapgh (WWWWW) of rule 3745-31-01 of the Administrative Code (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph (A)(6)(b) of this rule, and not also within the meaning of paragraph (A)(6)(a) of this rule, then provisions under paragraphs (A)(2) to (A)(5) of this rule do not apply to the project.

(B) The owner or operator of the source shall make the information required to be documented and maintained pursuant to this rule available for review upon request.

Effective: 05/29/2014
R.C. 119.032 review dates: 01/10/2014 and 05/29/2019
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(F) , 3704.03(A)
Prior Effective Dates: 4/12/96, 10/28/04, 12/1/06, 6/30/08