3745-21-07 Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code).

Rule Summary and Fiscal Analysis (Part A)

Ohio Environmental Protection Agency

Agency Name

Division of Air Pollution Control (DAPC) Todd Brown

Division Contact

50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

614-644-4839 614-644-3681

Agency Mailing Address (Plus Zip) Phone Fax

3745-21-07

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line Control of emissions of organic materials from stationary

sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15,

3745-21-16, or 3745-21-18 of the Administrative Code).

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2. Are you proposing this rule as a result of recent legislation? No

3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4. Statute(s) authorizing agency to adopt the rule: 3704.03(A), 3704.03(E)

5. Statute(s) the rule, as filed, amplifies or implements: 3704.03(E)

6. State the reason(s) for proposing (i.e., why are you filing,) this rule:

Rule 3745-21-07 of the Administrative Code has undergone the 5-year review process. Ohio EPA has determined that the rule is still necessary for Ohio to be able to meet the National Ambient Air Quality Standards for ozone as required in amendments to the Clean Air Act, but that the rule can be updated by eliminating archaic provisions that are no longer needed. Although outdated requirements have been removed, it is essential that sources previously required to install and operate controls continue to employ those control measures and that sources subject to the

Page 2 Rule Number: 3745-21-07

requirements of paragraph (G)(1) of the existing rule continue to maintain compliance with those requirements. Failure to maintain the emission reductions achieved by these sources would violate the anti-backsliding provisions of the Clean Air Act and would exacerbate the existing violations of the NAAQS for ozone throughout the State.

(There are many situations where existing rule 3745-21-07 of the Administrative Code supplements emission reductions of rules 3745-21-09, 3745-21-12,

3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16 and 3745-21-18 of the

Administrative Code. These situations involve the use of add-on control technology or pollution prevention control measures for 3745-21-07 of the Administrative Code regulated sources that are not regulated under rules 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16 and 3745-21-18 of the

Administrative Code. These reductions are very significant in achieving the National Ambient Air Quality Standards for ozone.)

7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Existing rule 3745-21-07 of the Administrative Code is difficult to interpret and apply. In specific, the rule lacks definitions for some regulatory terms, lacks compliance test methods, lacks clearly written exemptions, and contains an inherent problem in determining whether or not a material is a photochemically reactive material, all of which result in ambiguities and divergent interpretations. For these reasons, the existing language will be rescinded and replaced with new language. In the new proposed rule 3745-21-07 of the Adiministrative Code, the cited problems are eliminated.

In order to resolve cited problems, Ohio EPA is proposing to replace this rule with facility-specific and general control requirements for sources (emissions units currently complying with rule 3745-21-07 of the Administrative Code by means of control equipment or operatioal restrictions.) This would ensure continued operation of such control equipment or operational restrictions that effictively reduce the emission of organic compounds. These controlled or restricted sources are not subject to control requirments under other rules that limit organic compound emissions.

The rule will no longer apply to new sources after the effective date of the rule. New sources that have the potential to emit more than ten tons of organic materials will continue to be subject to best available technology determinations made during new source review (per chapter 3745-31 of the Administrative Code) for the control of organic material emissions. Currently, all new sources are subject to best available technology determinations regardless of existing rule applicability, so no additional requirements for organic material emissions will result from the

Page 3 Rule Number: 3745-21-07

proposed rule changes.

Additional information regarding the differences between the existing rule and the proposed rule can be found in the White Paper and the Synopsis that are attached to this rule package.

8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies of these rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76 (A) exempts such references from the provisions of ORC 121.71 through 121.75.

This rule also contains references to the Clean Air Act (CAA). The CAA is generally available through libraries, and Ohio EPA and U.S. EPA websites. CAA references have also been dated to reference the specific version of the rules. ORC

121.75 (D) exempts such references from the requirements of ORC 121.71 through 121.74.

This rule additionally contains references to AP-42 emissions factors used by regulators and impacted parties to determine compliance, or determine parameters necessary to achieve compliance, with this rule. AP-42 emissions factors are occasionally updated to incorporate new data and testing results. AP-42 emissions factors are available in libraries, and in industry specific and U.S. EPA websites.

Referenced materials are cited and dated in rule OAC 3745-21-01. The rule also indicates how the referenced materials may be obtained.

9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not Applicable.

10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Page 4 Rule Number: 3745-21-07

Not Applicable.

11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13. Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. Not Applicable.

Not Applicable.

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not Applicable.

15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

For permitted, controlled sources that are subject to the current rule, costs will not change with the new rule. For uncontrolled sources that are subject only to existing rule short term organic compound limitations, cost will decrease with the new rule because potentially onerous record keeping requirements will no longer be

Page 5 Rule Number: 3745-21-07

required.

16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

Page E-1 Rule Number: 3745-21-07

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

(1) Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

(2) Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

(3) Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

(4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A) Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

Please list each contact.

See Attachment

(B) Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

See attached "White Paper."

(C) Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal

Page E-2 Rule Number: 3745-21-07

environmental law or to participate in a federal environmental program ?

Yes

Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

(D) If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No

Not Applicable

Mail Envelope Properties (42C1858A.2D5 : 18 : 20394)

Subject: DAPC Rule Making OAC 3745-21-07

Creation Date 6/28/2005 1:14:50 PM

From: Jennifer Nichols

Created By: Jennifer.Nichols@epa.state.oh.us

Recipients Action Date & Time

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epa.state.oh.us

DHWM.Central-Office MSAVAGE (Mike Savage)

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tmacog.org erichsen (Kurt Erichsen)

gedeon (David Gedeon)

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tusc.kent.edu millerjo (JoEllen Miller) ulmer.com gsmith (Gregory Smith)

urscorp.com james_mcdonald (James McDonald) usa.dupont.com maureen.b.miller-1 (Maureen Miller) verizon.net gunsel (Steve Gunsel)

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vt.edu chherman (Charles Herman) webcoenvironmental.com wbowles (Walter Bowles) wilkshire.net somerdale (Linda S. Harvey) willowbendcapital.com shailah (Shaila Hossain) wilresearch.com bvanscoy (Bruce VanScoy) worthingtonindustries.com radowney (Roger A. Downey)

yahoo.com ashishmsj2 (Ashish Kumar) robynn_ut (Robynn Fletcher)

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Post Office Delivered Route

Pending adelphia.net

Pending adrcivil.com Pending

advancedspecialtycontractors.com

	Pending	aep.com
	Pending	aircomp.com
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	Pending	all4inc.com
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	Pending	alltel.net
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americansteeltreating.com
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	Pending	amkinney.com
	Pending	amp-ohio.org
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	Pending	aol.com
	Pending	api.org
	Pending	aqda.state.oh.us
	Pending	ashland.com
	Pending	augustmack.com
	Pending	batelle.org
	Pending	bayerpolymers.com
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	Pending	BP.com
	Pending	bright.net
	Pending	butlercountyohio.org
	Pending	calfee.com
	Pending	cantonhealth.org
	Pending	capstoneassoc.com
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	Pending	cecinc.com
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	Pending	chefsolutions.com
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	Pending	ci.akron.oh.us
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	Pending	cincinnati-oh.gov
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Files MESSAGE	Size 4008	Date & Time 6/28/2005 1:14:50 PM
3745-21-07 new.pdf	66776	6/28/2005 12:53:38 PM
3745-21-07 rescind.pdf	27215	6/28/2005 12:53:48 PM
Rule synopsis.pdf	11127	6/28/2005 12:54:14 PM
white paper.pdf	55326	6/28/2005 12:54:52 PM
Options Auto Delete:	No
Expiration Date: Notify Recipients: Priority: ReplyRequested: Return Notification:	None Yes Standard No None
Concealed Subject: Security:	No Standard

To Be Delivered: Immediate

Status Tracking: Delivered & Opened

Synopsis of the Proposed Revisions to OAC Rule 3745-21-07

Because major revisions have been made to existing rule 3745-21-07, the existing rule has been rescinded and a new rule 3745-21-07 has been created. The new rule is titled "Control of emissions of organic materials from stationary sources [i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18

of the Administrative Code]." The paragraphs referred to in the following table are the paragraphs as they appear in the new rule.

Paragraph (as in the proposed rule)	Proposed Revision
(not applicable)	A "Comment" has been added at the beginning of this rule to refer the reader to the "Incorporation by Reference" paragraph in rule 3745-21-01 for the dates of non-regulatory government publications, publications of recognized organizations and associations, etc. referenced in this rule.
(A)(1) and (A)(2)	Both of these paragraphs have been reserved. When this new rule is adopted, all references or citations in permits to the existing rule will become void. To eliminate any confusion between the existing rule and the new rule, none of the paragraphs in the new rule that are common to the existing rule will contain any requirements; they will all be noted as being "RESERVED." These two paragraphs, (A)(1) and (A)(2), are common to the existing rule.
(A)(3)	This paragraph defines the general applicability of this rule. The rule applies to all of the sources and operations specified in paragraphs (K) through (N), and the sources and operations must comply with the requirements in those paragraphs upon the effective date of the rule. Because the new rule does not specify any emission limitations or control requirements that are not already contained in the existing rule, there is no need to provide additional time for the affected sources and operations to comply with the emission limitations or control requirements in paragraphs (K) through (N).
(A)(4)	The primary purposes of the revisions to rule 3745-21-07 are two- fold: (1) to permanently eliminate the archaic regulatory provisions relating to the control of photochemically reactive materials [which are only a subset of VOCs] for existing sources as well as for any sources installed after the effective date of the rule, and (2) to retain the control requirements for those sources for which controls

Page 1 of 12

Paragraph (as in the proposed rule)	Proposed Revision
	have been installed to comply with the existing rule [to prevent the degradation of ambient air quality for ozone and comply with the antibacksliding requirements of the CAA]. Consistent with these purposes, this paragraph indicates that any emission limitation, control requirement or operational restriction contained in a permit and based upon a citation to rule 3745-21-07, except for the emission limitations and control requirements specified in paragraphs (K)(2), (K)(4), (L)(2), (M)(2), (M)(3), (M)(4) and (N)(2), will become void upon the effective date of the new rule. In a "Comment" associated with this paragraph, examples are provided for the types of rule citations that will become void upon the effective date of the new rule. It should be noted that the new rule contains no provisions corresponding to the requirements of paragraphs (E) [for volatile photochemically reactive materials loading facilities], (H) [for the disposal and evaporation of solvents], (J)(1) [for any ethylene producing plant or other ethylene emission source], and (J)(3) [for emergency relief and vapor blowdown systems] of the existing rule because there are no sources that have installed controls to comply with those paragraphs.
(A)(5)	This paragraph makes it clear that the requirements of the new rule will not apply to any source installed after the effective date of the new rule.
(A)(6)	This paragraph states that the owner or operator of any source that is subject to a mass emission rate, control efficiency, overall control efficiency or emission reduction requirement in paragraphs (K) through (N) shall determine compliance using the test methods specified in paragraphs (A) through (C) of rule 3745-21-10.
(B) through (J)	All of these paragraphs have been reserved. As mentioned for paragraphs (A)(1) and (A)(2), when this new rule is adopted, all references or citations in permits to the existing rule will become void. To eliminate any confusion between the existing rule and the new rule, none of the paragraphs in the new rule that are common to the existing rule will contain any requirements; they will be noted as being "RESERVED." All of paragraphs (B) through (J) are common to the existing rule.

Paragraph

(as in the proposed rule)

Proposed Revision

(K)(1) through (K)(4)

These paragraphs specify the source-specific control requirements for storage tanks.

The table in paragraph (K)(1) identifies the large storage tanks [greater than 65,000 gallons in capacity] that store liquid organic materials with a vapor pressure equal to or greater than 1.5 psia and that have installed controls to comply with the requirements of paragraph (D)(1) of the existing rule.

Paragraph (K)(2) states the requirements from paragraph (D)(1) of the existing rule that must continue to be met by the storage tanks listed in the table in paragraph (K)(1). In other words, paragraph (K)(2) simply carries over into the new rule, the requirements of paragraph (D)(1) of the existing rule. Those requirements include the use of either a floating roof or a vapor recovery system [or control system] for the control of the organic compound emissions from the storage tank.

Paragraph (K)(3) identifies the small storage tanks [greater than 500 gallons, but less than 65,000 gallons in capacity] that store liquid organic materials with a vapor pressure equal to or greater than 1.5 psia and that have installed controls to comply with the requirements of paragraph (D)(2) of the existing rule.

Paragraph (K)(4) states the requirements from paragraph (D)(2) of the existing rule that must continue to be met by the storage tanks listed in the table in paragraph (K)(3). As with paragraph (K)(2), paragraph (K)(4) simply carries over into the new rule, the requirements of paragraph (D)(2) of the existing rule. Those requirements include the use of either a permanent submerged fill pipe, a portable loading tube which can be inserted below the liquid level during loading operations, or a vapor recovery system [as described in paragraph (K)(2)] for the control of the organic compound emissions from the storage tank.

The lists of storage tanks within the tables in paragraphs (K)(1) and (K)(3) are believed by Ohio EPA to be exhaustive lists of the affected storage tanks. The reason these lists are not much longer, as may be expected, is that many storage tanks throughout the State are now regulated by the RACT requirements in rules 3745-21- 09(L) and (Z), or by federal rules, rather than by rule 3745-21-07.

Paragraph

(as in the proposed rule)

Proposed Revision

(L)(1) and (L)(2)

These paragraphs specify the source-specific control requirements for oil-water separators [effluent water separators].

The table in paragraph (L)(1) identifies oil-water separators that recover at least 200 gallons/day of liquid organic materials with a vapor pressure equal to or greater than 1.5 psia.

Paragraph (L)(2) states the requirements from paragraph (F) of the existing rule that must continue to be met by the oil-water separator identified in the table in paragraph (L)(1). In other words, paragraph (L)(2) simply carries over into the new rule, the requirements of paragraph (F) of the existing rule. Those requirements include the use of either a floating pontoon or double- deck cover or a vapor recovery system for the control of the organic compound emissions from the oil-water separator.

There is only one oil-water separator that has installed controls to comply with the requirements of paragraph (F) of the existing rule. The large oil-water separators in the State, which are typically located at petroleum refineries, are regulated by the RACT requirements in rule 3745-21-09(M) or by federal rules, rather than by rule 3745-21-07.

(M)(1) and (M)(2)

These paragraphs specify the source-specific control requirements for emissions from operations using liquid organic materials.

The table in paragraph (M)(1) identifies all the sources that employ liquid organic materials and that have installed controls to comply with the requirements of paragraph (G) of the existing rule.

Paragraph (M)(2) states the requirements from paragraph (G) of the existing rule that must continue to be met by the sources listed in the table in paragraph (M)(1). Paragraph (M)(2) simply carries over into the new rule, the requirements of paragraph (G) of the existing rule; it does not create any new requirements for any of the sources listed in the table in paragraph (M)(1). The requirements in paragraph (M)(2) include the use of a control system [i.e., capture and control equipment] that will achieve an overall control efficiency for the organic compound emissions of at least 85%, by weight. Also, if an incinerator is employed as part of the control system, the incinerator must achieve at least a 90%, by weight,

Paragraph

(as in the proposed rule)

Proposed Revision

destruction efficiency, based upon the mass emissions of organic compounds as carbon.

Existing rule 3745-21-07 was initially promulgated in 1972. For over 30 years Ohio EPA has been applying this rule to sources throughout the State and has been citing the rule in operating permits and permits to install. Each of the 7 full-role local air agencies and the 5 Ohio EPA District Offices are very familiar with the air pollution sources within their jurisdictions, especially those that require permits. These field offices know the sources within their jurisdictions that are subject to rule 3745-21-07. That information was essential for the preparation and processing of the permits for the various types of affected sources.

The listing of sources within the table in paragraph (M)(1) is based upon the field offices' knowledge of the sources within their jurisdictions that are subject to rule 3745-21-07(G). The listing is believed by Ohio EPA to be an exhaustive listing of the sources that have had to install controls to comply with the requirements of rule 3745-21-07(G). However, at the direction of the USEPA, provisions have been added to the new rule to ensure that if a controlled source was, for some reason, missed and was not included within the table in paragraph (M)(1), the controls would continue to be employed to meet the requirements for which they were installed. These provisions are referred to as "back-stop" provisions and are contained in paragraphs (M)(3)(a) and (M)(4) of the new rule. [See the discussions below.]

(M)(3)(a) and (M)(3)(b)

Paragraph (M)(3)(a) is one of the "back-stop" provisions in the new rule. It addresses any source that should have been included in the table in paragraph (M)(1), but for some reason, the source was not identified by the field office. This paragraph applies to any source meeting all of the conditions listed below. All of these conditions are necessary to ensure that this "back-stop" paragraph is not more stringent than the requirements of existing paragraph (G)(2).

1. It is an existing source located within a Priority I county or a new source, regardless of location.

2. It commenced installation prior to the effective date of the new rule.

Paragraph

(as in the proposed rule)

Proposed Revision

3. It uses liquid organic materials or substances containing such materials.

4. It is equipped with a control device for OC emissions.

5. It is not subject to any of the RACT requirements within OAC rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21- 15, 3745-21-16, or 3745-21-18.

6. It is not specified elsewhere in the new rule, i.e., in the table in paragraph (K)(1), (K)(3), (L)(1), (M)(1) or (N)(1).

7. It does not meet any of the general exclusions specified in paragraph (M)(3)(c).

8. It is not one of the source-specific exclusions included in paragraph (M)(3)(d).

9. It is not fuel burning equipment.

Pursuant to paragraph (M)(3)(b), any controlled source that meets all the conditions listed in paragraph (M)(3)(a) must notify Ohio EPA, within 90 days of the effective date of the new rule, of the need to be added into the table in paragraph (M)(1). In addition, paragraph (M)(2) requires any such source to continue to comply with the overall control efficiency and destruction efficiency requirements specified in paragraph (M)(2). Ohio EPA will add such source to the table in paragraph (M)(1) at the time of the next 5-year rule review for rule 3745-21-07 or sooner if the rule has to be revised for some other reason.

(M)(3)(c)

This paragraph contains the general exclusions from the requirements of paragraphs (M)(3)(a) and (M)(3)(b). If a source meets any of the following conditions, it would not be subject to those paragraphs:

1. The uncontrolled PTE for the source is less than 40 pounds/day.

2. It is subject to and complying with a BAT requirement in a PTI that specifies an overall control efficiency for OC emissions that is greater than 85%, by weight.

3. It is subject to and complying with a federal regulation that specifies an overall control efficiency for OC or VOC emissions that is greater than 85%, by weight.

4. It is subject to and complying with the existing rule requirements specified in paragraph (M)(3)(g) for sheet molding compound manufacturing operations.

5. It is subject to and complying with the existing requirements

Paragraph

(as in the proposed rule)

Proposed Revision

specified in paragraph (M)(4) for sources in which any liquid organic material or substance containing liquid organic material comes into contact with flame or is baked, heat cured, or heat polymerized, in the presence of oxygen.

6. It is a heatset web offset printing line and is subject to and complying with a BAT determination in a PTI that requires the dryer to be equipped with a control device for OC or VOC emissions that either maintains a 90% control efficiency, by weight, or greater, or meets an outlet concentration of less than 20 ppm, by volume.

7. It is subject to and complying with OAC Chapter 3745-76, pertaining to municipal solid waste landfill emissions.

(M)(3)(d)

This paragraph contains some of the source-specific exclusions from the requirements of paragraphs (M)(3)(a) and (M)(3)(b). Each of the emissions units cited in this paragraph employs controls for the OC emissions; however, the controls are not capable of meeting the overall control efficiency requirement in paragraph (M)(2). None of the PTIs for the sources in this paragraph was obtained pursuant to the provisions of paragraph (G)(9)(g) of the existing rule. [The (G)(9)(g) provisions from the existing rule are now contained in paragraph (M)(5)(e) of the new rule.]

For the sources at Fort Amanda Specialties, LLC, Franklin International, and Honda Marysville Motorcycle Plant, the controls are sufficient to meet the 8 pounds/hour and 40 pounds/day limitations in the existing rule, but not the 85% overall control efficiency requirement.

For the source at Honda Anna Engine Plant, the controls are sufficient to meet the 8 pounds/hour and 40 pounds/day limitations in the existing rule; however, the PTI does not specify an allowable limitation for the overall control efficiency.

For the sources at Dee Sign Company, The Nylonge Corporation, Honda Marysville Auto Plant, Honda East Liberty Plant, and Florida Production Engineering, the controls are not capable of meeting the 85% overall control efficiency and the PTIs did not require compliance with the 8 pounds/hour and 40 pounds/day limitations in the existing rule because the coating operations are

Paragraph (as in the proposed rule)	Proposed Revision
	restricted to using only nonphotochemically reactive materials as coatings.
(M)(3)(e), (M)(3)(f) and (M)(3)(h)	These paragraphs contain the remaining source-specific exclusions from the requirements of paragraphs (M)(3)(a) and (M)(3)(b). The PTIs cited in paragraphs (M)(3)(e), (M)(3)(f) and (M)(3)(h) for Cooper Standard Automotive, LLC, GMC-Truck and Bus Group- Moraine, and Venture Holdings Corporation - Conneaut Facility, respectively, were all obtained pursuant to the provisions of paragraph (G)(9)(g) of the existing rule. For the sources identified in paragraphs (M)(3)(e), (M)(3)(f) and (M)(3)(h), the control requirements and/or emission limitations in the PTI are either less stringent than or inconsistent with the requirements of paragraph (M)(2). All of these PTIs were approved by USEPA prior to final issuance.
(M)(3)(g)	This paragraph pertains to sheet molding compound [SMC] manufacturing operations and basically is a carry-over into the new rule, of the requirements of paragraph (G)(2) of the existing rule. Affected operations must comply with the organic compound emission limitations of 8 pounds/hour and 40 pounds/day, or employ controls that provide at least an 85% overall control efficiency for the organic compound emissions. The paragraph applies to any existing operations located in the Priority I counties and to any new sources, regardless of location. The paragraph does not apply to any operation installed after the effective date of the new rule, to the source-specific exclusion contained in paragraph (M)(3)(h) for the SMC manufacturing operation at Venture Holdings Corporation - Conneaut Facility, or to any operation that would be exempted pursuant to the exemptions contained in paragraph (M)(5). After receiving the results of emission tests for an existing, uncontrolled SMC manufacturing operation in Ohio that showed noncompliance with the 8 pounds/hour and 40 pounds/day emission limitations in paragraph (G)(2) of the existing rule, USEPA informed Ohio EPA that there may be other SMC manufacturing operations in Ohio that need to employ controls to comply with the existing rule. SMC manufacturing operations that currently are not equipped with any control equipment, obviously

Paragraph

(as in the proposed rule)

Proposed Revision

would not be listed in the table in paragraph (M)(1), nor would they be subject to the "back-stop" provisions of paragraphs (M)(3)(a) and (M)(3)(b). As a result, USEPA advised Ohio EPA that to ensure federal approval of the new rule, all the emission limitations and control requirements of paragraph (G)(2) of the existing rule would need to be carried over into the new rule specifically for SMC manufacturing operations. Paragraph (M)(3)(g) was added to the rule to address USEPA's concerns.

This paragraph does not create any new requirements for SMC manufacturing operations. It ensures that such affected operations must demonstrate the uncontrolled OC emissions are in compliance with the existing emission limitations and control requirements, install controls to comply with the existing emission limitations and control requirements, comply with the new exemption in paragraph (M)(5)(h) for SMC manufacturing operations [the requirements of which are equivalent to the MACT standards for such operations in 40 CFR Part 63, Subpart WWWW], or obtain an alternative emission limitation pursuant to paragraph (M)(5)(e) [which is identical to paragraph (G)(9)(g) of the existing rule].

Ohio EPA does not, at this time, anticipate that any existing, uncontrolled operations will install add-on controls to comply with the existing emission limitations and control requirements. If an affected facility cannot demonstrate that an uncontrolled operation is currently in compliance with the existing emission limitations and control requirements, it is anticipated that the facility will either comply with the new exemption in paragraph (M)(5)(h) or pursue an alternative emission limitation in accordance with paragraph (M)(5)(e) and use the MACT standards as the basis for the requested alternative emission limitation.

(M)(4)

This paragraph pertains to sources in which any liquid organic material or substance containing liquid organic material comes into contact with flame or is baked, heat cured, or heat polymerized, in the presence of oxygen; and it is a carry-over into the new rule, of the requirements of paragraph (G)(1) of the existing rule. Affected sources must comply with the organic compound emission limitations of 3 pounds/hour and 15 pounds/day, or employ controls that provide at least an 85% overall control efficiency for the organic compound emissions.

Paragraph

(as in the proposed rule)

Proposed Revision

The paragraph applies to any existing sources located in the Priority I counties and to any new sources, regardless of location. The paragraph does not apply to any sources installed after the effective date of the new rule or to any sources that would be exempted pursuant to the exemptions contained in paragraph (M)(5).

Ohio EPA believes the table in paragraph (M)(1) includes all the sources that have installed controls to meet the requirements of paragraph (G)(1) of the existing rule. If, however, an affected source was, for some reason, not identified by the field office for inclusion in the table, paragraph (M)(4) also will serve as a "back- stop" provision to ensure that those unlisted, controlled sources continue to be subject to the emission limitations and control requirements from paragraph (G)(1) of the existing rule. Unlike paragraph (G)(2) of the existing rule, whether or not photochemically reactive materials are employed in the affected source is not relevant to the applicability of the emission limitations and control requirements contained in paragraph (G)(1) of the existing rule or paragraph (M)(4). Because this paragraph does not pertain to photochemically reactive materials, conditions similar to those in paragraph (M)(3)(a) do not need to be added to the new rule to prevent it from being more stringent, as a "back- stop," than the existing rule.

(M)(5)

Paragraph (M)(5) carries over into the new rule, the important exemptions contained in paragraph (G)(9) of the existing rule. Those exemptions include the following:

1. In paragraph (M)(5)(a), the use of cleanup materials is exempted from determining compliance with the overall control efficiency and destruction efficiency limitations specified in paragraph (M)(2). The existing rule has always excluded cleanup materials that are nonphotochemically reactive materials from such determinations. To not exclude cleanup materials from the overall control efficiency and destruction efficiency limitations would result in the new rule being more stringent than the existing rule.

2. In paragraph (M)(5)(b), emissions that are not photochemically reactive, i.e., not ozone precursors, are exempted from regulation under paragraphs (M)(2), (M)(3)(a) and (M)(4). If an organic compound emission is not a VOC, it is not an ozone precursor.

Paragraph

(as in the proposed rule)

Proposed Revision

This exemption is consistent with the exemption provided in paragraph (G)(9)(f) of the existing rule.

3. In paragraph (M)(5)(c), a liquid organic material that has a boiling point greater than 200 degrees F, at 0.5 mm absolute pressure, is exempted from the requirements of paragraph (M)(2), unless the material is exposed to temperatures exceeding 220 degrees F. Such materials are considered to have very low organic compound emissions due to their low volatility. This exemption is consistent with the exemption provided in paragraph (G)(9)(e) of the existing rule.

4. In paragraph (M)(5)(d), the use of high solids materials [the volatile content of the regulated material does not exceed 20%, by volume, of the regulated material] and the use of waterborne materials [the volatile content of the regulated material consists only of water and liquid organic material, and the liquid organic material comprises not more than 20% of the volatile content] are exempted from the requirements of paragraph (M)(4). These exemptions are consistent with the high solids and waterborne exemptions provided in paragraphs (G)(9)(c) and (G)(9)(d) of the existing rule, and they prevent the new rule from being more stringent than the existing rule.

5. In paragraph (M)(5)(e), an exemption is provided for any source that obtains a PTI with a BAT requirement that is either less stringent than or inconsistent with an emission limitation or control requirement contained in paragraph (M). The BAT definition for the source must reflect RACT for the source and must comply with the General Savings Clause of the Clean Air Act. The provisions of paragraph (M)(5)(e) are essentially identical to the provisions contained in paragraph (G)(9)(g) of the existing rule. This exemption would be applicable to any source regulated by paragraph (M)(2), (M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g), (M)(3)(h) or (M)(4), if the source meets all the requirements of paragraph (M)(5)(e).

6. In paragraph (M)(5)(f), emissions from a source that are regulated by a RACT requirement contained in rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 are exempted from the requirements of paragraph (M). This exemption is consistent with the exemption provided in paragraph (A)(2)(a) of the existing rule.

7. In paragraph (M)(5)(g), sources that are located within Darke, Fairfield, Madison, Perry, Pickaway, Preble or Union County and

Paragraph

(as in the proposed rule)

Proposed Revision

that are within a facility having the potential to emit not more than 100 tons of organic compounds/calendar year, are exempted from the requirements of paragraphs (M)(3)(a), (M)(3)(b), (M)(3)(g) and (M)(4). This exemption is consistent with the exemption provided in paragraph (A)(2)(c) of the existing rule.

8. In paragraph (M)(5)(h), SMC manufacturing operations that employ specific work practices are exempted from the requirements of paragraph (M)(3)(g). The work practices specified in this exemption are identical to the MACT standards for SMC manufacturing operations in 40 CFR Part 63, Subpart WWWW. Only work practices are specified in the MACT standards for existing SMC manufacturing operations. Because the MACT standards consider only work practices to be reasonable for existing SMC manufacturing operations, Ohio EPA considers that level of control [i.e., the maximum achievable control technology] to be sufficient to comply with the general requirements of paragraph (M)(3)(g).

(N)(1) and (N)(2)

These paragraphs specify the source-specific control requirements for waste gas flare systems.

The table in paragraph (N)(1) identifies the waste gas flare systems that have been subject to the requirements of paragraph (J)(2) of the existing rule.

Paragraph (N)(2) states that any waste gas flare system identified in the table in paragraph (N)(1) must employ a smokeless flare or equally effective control device. Paragraph (N)(2) simply carries over into the new rule, the requirements of paragraph (J)(2) of the existing rule.

06/18/07

White Paper on Amendment of OAC Rule 3745-21-07

by Division of Air Pollution Control, Ohio EPA (July 2007)

The purpose of this white paper is to explain the basis for amending Rule 3745-21-07 of the Ohio Administrative Code (OAC).

A question and answer format is employed to provide information under the following sections:

A. Background on Rule 3745-21-07

B. Background on Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21- 18

C. Comparison of Rule 3745-21-07 with Rule 3745-21-09, Rules 3745-21-12 through - 16 , and Rule 3745-21-18

D. Problems with Rule 3745-21-07

E. Resolution of Problems with Rule 3745-21-07

F. Ozone SIP and Role of USEPA in Rule Amendment

G. Effect of Amendment of Rule 3745-21-07 on Permits-to-Install (PTIs)

H. Effect of Amendment of Rule 3745-21-07 on PTOs and Title V Permits

I. New Ozone NAAQS and Related Future Rules

A. Background on Rule 3745-21-07

1.When was this Rule 3745-21-07 initially promulgated?

Rule 3745-21-07 was initially promulgated as regulation AP-5-07 by the Ohio Air Pollution Control Board on January 28, 1972 and became effective on February 15, 1972. The Ohio Air Pollution Control Board and its technical support staff at the Air Pollution Unit, Ohio Department of Health are the predecessors to the Ohio Environmental Protection Agency (Ohio EPA) and its Division of Air Pollution Control (DAPC).

2.What NAAQS was addressed by Rule 3745-21-07?

Rule 3745-21-07 was enacted to reduce the emission of organic compounds that contribute to the formation of photochemical oxidants in the lower atmosphere. Under the 1970 Clean Air Act (CAA), states were required to develop a state implementation plan (SIP) to reduce air pollution in areas not meeting the national ambient air quality standards (NAAQS). The NAAQS associated with the adoption and SIP submission of Rule 3745- 21-07 was the photochemical oxidant NAAQS, which was expressed as 0.08 ppm photochemical oxidants as a 1-hour average. Ozone was the predominant photochemical oxidant being measured in areas throughout the United States that had experienced high air pollution levels commonly known as photochemical smog. Because ozone was the air pollutant being measured to determine compliance with the photochemical oxidant NAAQS, the photochemical oxidant NAAQS can be considered a 1-hour 0.08 ppm ozone air quality standard. The SIP for Ohio addressed the achievement and maintenance of

attainment of the photochemical oxidant (ozone) NAAQS for five air quality control regions (AQCRs) in Ohio. The five AQCRs, which included the major urban areas associated with Cincinnati, Cleveland-Akron-Canton-Lorain, Columbus, Dayton, and Toledo, were determined to have air quality levels that exceeded the photochemical oxidant (ozone) NAAQS based on ambient air quality data measurements, or in the absence of any measured data that met the photochemical oxidant (ozone) NAAQS, based on the AQCR having a 1970 urban population exceeding 200,000.

3.What was the basis for Rule 3745-21-07?

Rule 3745-21-07 was based on existing regulations pertaining to photochemical smog (such as "Rule 66" of Los Angeles), federal guidelines contained in the Federal Registers of April 7, 1970 and August 14, 1970, and comments submitted to the Ohio Air Pollution Control Board at hearings on proposed Rule 3745-21-07 during 1971. Paragraph (G) of Rule 3745-21-07 is not identical to "Rule 66" of Los Angeles in several aspects, the most significant of which is that "Rule 66" regulates emissions from organic solvents and paragraph (G) regulates emissions from liquid organic materials, which include organic solvents and organic chemicals.

4.What pollutants are regulated by Rule 3745-21-07?

The pollutants regulated by Rule 3745-21-07 are organic compounds that contribute to the photochemical formation of ozone in the lower atmosphere. Rule 3745-21-07 pertains almost solely to the regulation of operations and activities that employ, store, transfer, process, or dispose of a photochemically reactive material (PRM) or substances containing a PRM. A PRM is a liquid organic material that contains one or more organic compounds which exceed any of the percent by liquid volume criteria specified in the definition under Rule 3745-21-01(C)(5). The percent by liquid volume criteria for a PRM, based on relative ozone-forming reactivity are: 5 percent for organic compounds with the highest reactivity (namely olefinic compounds), 8 percent for organic compounds with a lower reactivity (namely aromatic compounds having 8 or more carbons, other than ethyl benzene), 20 percent for specified organic compounds having an even lower reactivity (i.e., ethyl benzene, toluene, trichloroethylene, and branched ketones), and 20 percent for organic compounds classified under the previously described 5, 8, and 20 percent levels.

By regulating operations and activities that employ, store, transfer, process, or dispose of a PRM, Rule 3745-21-07 regulates the emission of the more reactive organic compounds, but not all reactive organic compounds.

The one exception to this regulatory scheme on PRM comes under Rule 3745-21- 07(G)(1), which regulates the emission of organic compounds from liquid organic compounds (e.g., liquid chemicals) and substances containing liquid organic compounds (e.g., coatings and inks) in operations involving heat-curing, heat-polymerization, or flame- contact. The rationale for this exception is that such operations could emit organic compounds that are considered more reactive or more smog polluting (e.g., eye irritant compounds or "nuisance" compounds) due to chemical reactions associated with curing

and polymerization and due to incomplete combustion associated with flame-contact.

5.What was the impact of Rule 3745-21-07?

The original projected impact of Rule 3745-21-07 on ambient air quality levels was based on the projected percent reduction of the organic compound emissions (referred to as hydrocarbon emissions) and a modeling methodology that relied on the reduction model contained in Appendix J to 40 CFR 51.14. In the 1972 State Implementation Plan1, Rule 3745-21-07 was projected to provide the following hydrocarbon emission reductions:

C overall average 80 percent reduction for certain processes (based on 90 percent control for solvent drying at elevated temperature, conversion to floating roof tanks at refineries and tank farms, control of oil/water separators, and exemption of small sources),

C 50 percent reduction in solvent losses, and

C 30 percent reduction in gasoline handling losses (due to floating roof tanks and submerged fill).

Regarding the estimated 50 percent reduction for solvent losses, the following is stated in the 1972 State Implementation Plan (SIP):

"A higher degree of control will not be achieved because many processes will switch to exempt solvents."

Thus, the 1972 SIP acknowledged that switching to exempt solvents (i.e., solvents not classified as PRM) would have no impact on hydrocarbon emission reduction and a lower degree of emission reduction was thereby projected.

6.What types of emissions units are regulated by Rule 3745-21-07, and, in general, how are they regulated?

The types of stationary sources regulated by Rule 3745-21-07 are:

C storage tanks,

C liquid loading operations,

C effluent water separators,

C operations using liquid organic materials (including coating, printing, and cleaning operations and various chemical manufacturing processes),

C disposal and evaporation of solvents,

C waste gas disposal, and

C architectural coatings.

The following is a general description of the control requirements under Rule 3745-21-07

1Implementation Plan for the Control of Suspended Particulates, Sulfur Dioxide,

Carbon Monoxide, Hydrocarbons, Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio, by The Air Pollution Unit, Ohio Department of Health (January 1972)

for the above-listed types of stationary sources.

Storage tanks with a capacity greater than 65,000 gallons and storing PRMs having a vapor pressure of 1.5 psia or greater (e.g., crude oil, JP-4 fuel, and gasoline) are required to be equipped with a floating roof and closure seals between the floating roof and tank wall, or a vapor recovery system that reduces organic compound emissions by at least 90 percent, or other means of air pollution control approved by Ohio EPA (and USEPA). Also, storage tanks with a capacity greater than 500 gallons and storing PRMs having a vapor pressure of 1.5 psia or greater are required to be equipped with submerged fill, or be loaded by means of a portable tube inserted below the liquid level, or be a pressure tank, or be equipped with a vapor recovery system that reduces organic compound emissions by at least 90 percent.

Liquid loading operations that load, in any one day, more than 40,000 gallons of any PRM having a vapor pressure of 1.5 psia or greater into any tank, trailer or railroad tank car are required to be equipped with a control system that recovers at least 90 percent of the organic compound emissions, or a control system that directs all organic compound emissions to a fuel gas system, or other air pollution controls approved by the Ohio EPA (and USEPA).

Effluent water separators that recover 200 gallons or more per day of any PRM having a vapor pressure of 1.5 psia or greater are required to be equipped with a sealed, solid cover, or a floating cover with closure seals between the floating cover and the separator wall, or a control system that controls emissions of organic compounds by at least 90 percent, or other means of air pollution control approved by the Ohio EPA (and USEPA).

Operations using liquid organic materials, and not otherwise subject to or exempted by the storage tank, liquid loading, or effluent water separator requirements, are subject to the following requirements:

(1) If the operation (an article, machine, equipment, or other contrivance) is a baked, heat-cured, or heat-polymerized operation or if the liquid organic material contacts flame within the operation, then the emission of organic compounds is required to not exceed 3 pounds per hour and 15 pound per day, unless the emission is reduced by at least 85 percent.

(2) If the operation (an article, machine, equipment, or other contrivance) is not the type of operation described in item (1) above, but employs a PRM, then the emission of organic compounds is required to not exceed 8 pounds per hour and 40 pounds per day, unless the emission is reduced by at least 85 percent.

(3) If the operation consists of a series of articles, machines, equipment or other contrivances described in item (1) or item (2) that processes a continuously moving web, sheet, strip, or wire, then:

(a) if a PRM is employed, the limits of item (2) apply collectively to the item (1)

and item (2) operations; and

(b) if no PRM is employed, the limits of item (1) apply collectively only to the item

(1) operations.

For the previously described operations using liquid organic materials, there are provisions pertaining to the inclusion within the organic compound limit of any organic compound emissions from a cleanup material that is a PRM, a required minimum 90 percent destruction efficiency for the incineration of organic compound emissions, the exclusion of water-based materials and high-solids materials that meet certain material specifications, the exclusion of liquid organic materials with very high boiling points that are not exposed to temperatures above 220 degrees F, the exclusion of any organic compound emission that is not photochemically reactive (i.e., essentially no reactivity for the specific organic compound), and the exclusion of spraying of insecticides, pesticides, and herbicides.

For disposal and evaporation of solvents, a person may not dispose of, by evaporation, a total of more than 1.5 gallons per day of any PRM having a vapor pressure of 1.5 psia or greater.

For waste gas disposal from a ethylene producing plant or other ethylene emissions source, the waste gas is required to be burned at a minimum of 1,300 degrees F for 0.3 seconds or more in a direct-flame afterburner or an equally effective control approved by the Ohio EPA (and USEPA). For waste gas disposal of organic compounds in a flare system, the flare system is required to be a smokeless flame or an equally effective control approved by Ohio EPA (and USEPA).

An architectural coating in a container greater than 1 gallon capacity could not be sold or employed if the coating contained a PRM. Also, the thinning or dilution for application of an architectural coating with a PRM was not allowed. The original requirements on architectural coatings were rescinded (deleted) in 1999 to avoid conflicts with a national VOC rule pertaining to architectural coatings that was promulgated by USEPA.

7.What geographical areas are covered by Rule 3745-21-07?

Rule 3745-21-07 was originally adopted in 1972 and it applied to existing sources within five air quality control regions (AQCRs) listed as Priority I for photochemical oxidants2 and to new sources statewide.

8.Are there many emissions units regulated by Rule 3745-21-07?

Rule 3745-21-07 regulates thousands of emissions units. Many of the emissions units are exempted based on size, capacity, or maximum emission level. Many emissions units

2The five AQCRs are Cincinnati, Cleveland (including Akron, Canton, and Lorain), Columbus, Dayton, and Toledo.

comply by means of uncontrolled emissions that meet the applicable hourly and daily mass emission rates. Most emissions units comply by not employing a photochemically reactive material, or in the case of storage tanks and loading operations, by not employing a volatile photochemically reactive material. There are hundreds of emissions units that comply with the requirements of Rule 3745-21-07 by means of add-on controls or pollution control measures.

9.Was Rule 3745-21-07 ever amended?

Rule 3745-21-07 was amended in 1979 to exclude sources which are in compliance with or specifically exempted from the applicable requirements of rule 3745-21-09 (i.e., sources which are regulated by Rule 3745-21-09). Because a source (or emissions unit) has source emissions from one or more source activities or source categories, the intent of the 1979 exclusion was to exclude from Rule 3745-21-07 those source emissions that are in compliance with or specifically exempted from the applicable requirements of Rule 3745- 21-09.

Rule 3745-21-07 was also amended in 1999 to provide an exclusion for foundry core- making and mold-making operations that have specified state-of-the-art systems with low organic compound emissions.

B. Background on Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745- 21-18

10.Why was the regulatory approach changed under Rule 3745-21-09?

Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18 regulate the emission of volatile organic compounds (VOCs). A VOC is any organic compound that contributes to the photochemical formation of ozone in the lower atmosphere. After the full implementation of Rule 3745-21-07 and other control measures in the SIP, Ohio continued to have areas that exceeded the 1-hour 0.08 ppm ozone standard. As a result, Rule 3745- 21-07, which pertained primarily to PRM and not all VOC, was considered to be inadequate. For specific source categories of VOC emissions, USEPA developed control techniques guideline (CTG) documents that prescribed VOC control requirements based on reasonably available control technology (RACT). Ozone SIPs submitted to USEPA were required to regulate various categories of stationary sources of VOC emissions in accordance with the CTG documents. This was accomplished through Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18.

11.Which CAA amendment required this change? What NAAQS is addressed by Rule 3745-21-09 ,Rules 3745-21-12 through -16, and Rule 3745-21-18?

Under the CAA amendments of 1977, USEPA revised the ozone NAAQS and increased it from 0.08 ppm ozone (1-hour average) to 0.12 ppm ozone (1-hour average). States with areas that exceeded the 0.12 ppm ozone NAAQS were required to develop a SIP to reduce the emission of VOC to levels that would provide attainment and maintenance of

the ozone NAAQS. Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21- 18 were subsequently enacted to reduce the emissions of VOC from stationary sources.

12.When were the various requirements of Rule 3745-21-09, Rules 3745-21-12 through - 16, and Rule 3745-21-18 promulgated?

USEPA developed CTGs for various source categories and distributed them to the states during 1977 through 1984. For the CTG source categories found in Ohio, Ohio EPA enacted associated RACT requirements within Rule 3745-21-09 under three separate rulemaking actions:

(1) Actions effective 10-19-79

RACT requirements for VOC emissions were promulgated for the following source categories:

C surface coating of automobile & light-duty trucks

C surface coating of cans C surface coating of coils C surface coating of paper C surface coating of fabric C surface coating of vinyl

C surface coating of metal furniture

C surface coating of magnet wire

C surface coating of large appliances

C storage of petroleum liquids in fixed roof tanks

C refinery vacuum producing systems, wastewater separators, and process unit turnarounds

C use of cutback asphalt and emulsified asphalts for roads

C solvent metal cleaning

C bulk gasoline plants

C bulk gasoline terminals

C gasoline dispensing facilities (Stage I)

(2) Actions effective 3-27-81

RACT requirements for VOC emissions were promulgated for the following source categories:

C leaks from petroleum refinery equipment

C surface coating of miscellaneous metal parts and products

C gasoline tank trucks

C synthesized pharmaceutical manufacturing

C rubber tire manufacturing

C flexographic printing, packaging rotogravure printing, and publication rotogravure printing

C storage of petroleum liquids in external floating roof tanks

C perchloroethylene dry cleaning

(3) Actions effective 5-9-86

RACT requirements for VOC emissions were promulgated for the following source categories:

C petroleum dry cleaning

C polystyrene resin manufacturing

C leaks from process units that produce organic chemicals

C air oxidation processes that produce organic chemicals

Under the CAA amendments of 1990, USEPA also required additional RACT regulations and SIP submittals from states with areas not meeting the 0.12 ppm ozone NAAQS. Additional RACT regulations were required for facilities (plants) that have potential VOC emissions of 100 tons or more per year from sources not already subject to RACT emission requirements under Rule 3745-21-09. These additional RACT regulations are categorized as non-CTG RACT regulations.

Ohio EPA promulgated non-CTG RACT regulations under rule 3745-21-09 for specific facilities during 1988 and 1993.

Also, Ohio EPA promulgated a RACT regulation pertaining to Stage II vapor controls at gasoline dispensing facilities, effective June 1, 1993, in accordance with USEPA's CTG for this source category.

Additionally, Ohio EPA promulgated the following RACT regulations effective May 27, 2005 for the Cincinnati area:

C	Rule 3745-21-12	Bakery Ovens at Commercial Bakery Facilities.
C	Rule 3745-21-13	Reactors and Distillation Units at Synthetic Organic Chemical
		Manufacturing Industry (SOCMI) Facilities.
C	Rule 3745-21-14	Batch Operations at Chemical Manufacturing Facilities.
C	Rule 3745-21-15	Wood Furniture Manufacturing Operations.
C	Rule 3745-21-16	Industrial Wastewater Operations.

To further reduce VOC emissions in the Cincinnati and Dayton areas, Ohio EPA promulgated operational requirements for motor vehicle refinishing operations under Rule 3745-21-18 (Commercial Motor Vehicle and Mobile Equipment Refinishing Operations) effective February 10, 2006.

Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18 are VOC RACT regulations that pertain to, and thereby supersede, Rule 3745-21-07 for many sources.

The VOC emission reductions projected under Rule 3745-21-09, Rules 3745-21-12

through -16, and Rule 3745-21-18 were included, where appropriate, in the SIP submissions for the ozone nonattainment areas under the requirements of the CAA amendments of 1977 and 1990. There were no additional VOC emission reductions projected under Rule 3745-21-07 for SIP submissions required under the CAA amendments of 1977 and 1990.

C. Comparison of Rule 3745-21-07 with Rule 3745-21-09, Rules 3745-21-12 through

-16, and Rule 3745-21-18

13.How do the pollutants regulated by Rule 3745-21-07 differ from those regulated by Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18? What is the relationship between PRMs, organic compounds, and VOC?

With two exceptions, Rule 3745-21-07 regulates the emission of organic compounds consisting of and containing PRM. Some non-PRM organic compounds are regulated indirectly due to the inclusion of non-PRM organic compounds under the organic compound limits for regulated sources. However, sources that employ only non-PRM organic compounds in tanks, loading operations, effluent water separators, and other operations (that utilize liquid organic materials or substances containing liquid organic materials) are essentially unregulated (i.e., no organic compound emission limit or control requirement). Nearly all of these unregulated organic compound emissions are reactive in the formation of ozone, i.e., they are, by definition, VOC emissions and precursors to the formation of ozone. The highly reactive organic compound emissions, those associated with the classification of liquid organic materials as PRMs (such as olefins, toluene, xylene, MIBK, etc.), tend to be reduced or controlled by Rule 3745-21-07; however, they are only a subset of what is defined as VOC.

The two exceptions in Rule 3747-21-07 regulating the emission of organic compounds consisting of and containing PRM are the following: operations in which a liquid organic material or substance containing a liquid organic material comes into contact with flame or is baked, heat-cured, or heat-polymerized; and waste gas flare systems emitting organic compounds.

Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18 regulate VOC, i.e., any organic compound that is photochemically reactive. There is no classification level based on relative degree of reactivity. Only the organic compounds classified as exempt (i.e., non-VOC) by USEPA based on negligible reactivity are not regulated under Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18.

14.Do the requirements of Rule 3745-21-07 conflict with the requirements of Rule 3745- 21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18?

The requirements of existing Rule 3745-21-07 can conflict with the requirements of Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18. In many situations, existing Rule 3745-21-07 allows a much greater emission of OC or VOC due to the use of materials that are essentially exempted based on not being or containing a PRM. Rule

3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18 have limits and requirements that pertain to all ozone-forming organic compounds (i.e., VOC). Sources (or source emissions) regulated under Rule 3745-21-09, -12, -13, -14, -15, -16, or -18 are exempted from existing Rule 3745-21-07 to avoid potential conflicts in simultaneously meeting the two rules. An example of a potential conflict would be a coating operation meeting a non-PRM compliance strategy under existing Rule 3745-21-07 and a low-VOC content compliance strategy under existing Rule 3745-21-09.

15.Has Rule 3745-21-07 had a significant impact in achieving the NAAQS for ozone?

There are many situations where Rule 3745-21-07 supplements the VOC emission reductions of Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18. These situations involve the use of add-on control technology (e.g., thermal incinerators or carbon adsorbers) or pollution prevention control measures (e.g., floating roofs with seals) for Rule 3745-21-07-regulated sources (or source emissions) that are not regulated under Rule 3745-21-09, Rules 3745-21-12 through -16, or Rule 3745-21-18. The emission reductions associated with the add-on controls and pollution prevention control measures under Rule 3745-21-07 are considered to be significant in achieving the NAAQS for ozone.

Due to this supplemental VOC emission reduction by Rule 3745-21-07, changes to Rule 3745-21-07 should be avoided for Rule 3745-21-07-regulated sources (or source emissions) equipped with such add-on controls or pollution prevention control measures and where there is no applicable VOC regulation under Rule 3745-21-09, Rules 3745-21- 12 through -16, or Rule 3745-21-18.

D. Problems with Rule 3745-21-07

16.What are the problems with Rule 3745-21-07 that make it difficult to interpret and apply?

There are several problems with Rule 3745-21-07 involving the lack of definitions for some regulatory terms, the lack of compliance test methods, the lack of clearly written exemptions, the difficulty in determining whether or not a material is a PRM, and the resultant ambiguities and divergent interpretations. Most of the problems pertain to paragraph (G) of Rule 3745-21-07. The following is a listing of specific problems by paragraph:

Paragraph (D) - Storage of volatile PRM

C no specified test method or procedure for determining an organic liquid's vapor pressure for applicability

C lack of a clearly described exemption

C no specified test method and test conditions for determining compliance with the emission limit

C no specified procedure for determining whether or not an organic liquid is a PRM Paragraph (E) - Volatile PRM loading facilities

C no specified test method or procedure for determining an organic liquid's vapor pressure for applicability

C lack of a clearly described exemption

C no specified test method and test conditions for determining compliance with the emission limit

C no specified procedure for determining whether or not an organic liquid is a PRM

Paragraph (F) - Effluent water separator

C no specified test method or procedure for determining an organic liquid's vapor pressure for applicability

C lack of a clearly described exemption

C no specified test method and test conditions for determining compliance with the emission limit

C no specified procedure for determining whether or not an organic liquid is a PRM

Paragraph (G) - Operations using liquid organic material

C no specified test method and test conditions for determining compliance with the emission limit

C no specified procedure for determining whether or not an organic liquid is a PRM

C lack of definitions for the terms "baked, heat-cured or heat-polymerized"

C reliance on burdensome hourly record keeping for compliance with hourly limits

C the provision for exemption from this paragraph based on "exemption" from paragraph (D), (E) or (F) is not clear due to paragraphs (D), (E), and (F) not having clearly described exemptions

Paragraph (I) - Disposal and Evaporation of Solvents

C no specified test method or procedure for determining a solvent's vapor pressure for applicability

C no specified procedure for determining whether or not a solvent is a PRM

The resolution of issues associated with the lack of certain definitions, the lack of clearly described exemptions, or the lack of test methods can evolve into different applicability determinations and different limits for similar operations when the resolution is conducted principally as site-specific determinations by air permit review staff located in the various offices and agencies throughout Ohio. Also, potentially affected facilities, out of frustration with such site-specific determinations by Ohio EPA, may challenge the determinations by means of permit appeals.

With the amendment of Rule 3745-21-07, the difficulties in determining whether or not a liquid organic material is a PRM will be completely eliminated. Additionally, the lack of test methods and procedures to determine compliance will be eliminated with the amendment of Rule 3745-21-07 that incorporates the test methods and procedures of OAC rule 3745- 21-10, the use of USEPA-approved emission factors (e.g.,"Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources (AP-42), and the use of emission factors derived from emissions test data from similar sources or operations.

17.Are there any negative environmental impacts being caused by this rule?

The Printing Industry Association of Northern Kentucky and Ohio (PIANKO) has expressed its concerns with the requirements of paragraph (G) of the existing rule that have resulted in burdensome record keeping by printing facilities to document actual hourly emissions.

Also, PIANKO has stated that requiring cleanup materials to be formulated as non-PRM increases the amount of cleanup-related organic compound emissions compared to cleanup materials allowed to be PRM. PIANKO has suggested that Ohio EPA allow the use of low vapor pressure cleanup materials, that may be classified as PRM, but would emit less organic compounds than the traditional non-PRM cleanup materials having a higher vapor pressure. USEPA's guidance document on lithographic printing3 supports the use of low vapor pressure cleanup materials as a means of reducing organic compound emissions. In addition, the existing rule may, in some cases, prevent the conversion to lesser amounts of hazardous air pollutants (this is similar to the no-PRM and low-VOC conflict described under question 14).

18.What has prompted the amendment of Rule 3745-21-07 at this time?

Two recent issues regarding the applicability of paragraph (G)(2) of Rule 3745-21-07 highlight the concern of industrial facilities with Ohio EPA's permit actions. The two applicability issues pertain to: (1) transfer operations handling liquid organic materials classified as PRM and (2) mixing operations involving one or more liquid organic materials classified as PRM. It is Ohio EPA's position that "transfer" and "mixing" are not considered "employing" as it relates to employing any photochemically reactive material or substance containing such photochemically reactive material in OAC rule 3745-21-07(G)(2) based upon the Ohio Supreme Court case of Ashland Chem. Co. v. Jones, 92 Ohio St.3d 234, 2001-Ohio-184.

Also, Ohio EPA has determined that an amendment of Rule 3745-21-07 is needed to meet the five-year rule review requirements under Ohio Revised Code 119.032.

E. Resolution of Problems with Rule 3745-21-07

19.How are we proposing to amend Rule 3745-21-07? Why doesn't the Ohio EPA simply delete Rule 3745-21-07 in its entirety and rely on Rule 3745-21-09, Rules 3745-21-12 through -16, and Rule 3745-21-18?

In order to resolve the previously identified problems with Rule 3745-21-07, Ohio EPA is proposing to replace this rule with facility-specific and general control requirements for sources (emissions units) currently complying with Rule 3745-21-07 by means of control equipment or operational restrictions. This would ensure continued operation of such control equipment or operational restrictions that effectively reduce the emission of organic

3Alternative Control Techniques Document: Offset Lithographic Printing, Office of Air Quality, Planning and Standards, USEPA (June 1994), EPA-453/R-94-054.

compounds, which are all essentially VOC. These controlled or restricted sources are not subject to VOC control requirements under Rule 3745-21-09, Rules 3745-21-12 through

-16, and Rule 3745-21-18; so simply deleting Rule 3745-21-07 would not ensure continued, effective operation of such controls and restrictions and would cause large increases in VOC emissions.

If Rule 3745-21-07 were eliminated in its entirety, sources that currently have specific control requirements would no longer be subject to those requirements. In other words, any controls would be "voluntary" if not specifically required by Rule 3745-21-07.

It might be argued that sources with the Rule 3745-21-07 control requirements (controls or operational restrictions) would continue to be regulated under Chapter 3745-31 of the Ohio Administrative Code. The rationale would be that if a source were no longer required to maintain Rule 3745- 21-07 control requirements, and the owner/operator chose to change the operation of any controls in a way that significantly reduced the control efficiency, or removed any controls entirely, or operated without operational restrictions, the result would be an increase in emissions. That change would constitute a "modification" and would be subject to Rule 3745-31-02. (Under Rule 3745-31-01(AAA), "modify" or "modification" is defined as (1) "any physical change in, or change in the method of operation of: (a) any air contaminant source that: (i) results in an increase in the allowable emissions . . .

.(emphasis added)). If a permit-to-install were required pursuant to Rule 3745-31-02, then best available technology (BAT) would also be required pursuant to Rule 3745-31- 05(A)(3), and that most likely would be as stringent or more stringent a control requirement as the Rule 3745-21-07 requirement.

However, if Rule 3745-21-07 is deleted from the Ohio Administrative Code, the allowable for these sources could no longer be based on Rule 3745-21-07 rule requirements.

Instead, each allowable would be equal to the source's potential to emit (PTE). If a source's allowable is equal to its PTE, then the reduction in control efficiency or the removal of a specific control device or the removal of an operational restriction would result in an increase in actual emissions, but that increase would NOT result in a "modification" as defined in Chapter 3745-31 because there would not be an increase in the source's allowable emissions. Therefore, without a continuation of the Rule 3745-21-07 control requirements, these sources could increase emissions and would not be subject to regulation. This result would violate the Clean Air Act.

20.Why are we not requiring entities, by rule, to maintain emission levels at 8 lbs/hour and 40 lbs/day? Will this cause an increase in unregulated emissions?

It should be noted that the organic compound emission limits of 8 lbs/hour and 40 lbs/day under paragraph (G)(2) of Rule 3745-21-07 are not being retained in the proposed amendment of Rule 3745-21-07 for uncontrolled sources, except as noted below for sheet molding compound manufacturing operations. Such limits for uncontrolled sources are considered by Ohio EPA as not effective in reducing the emission of VOC for the following reasons: (1) sources emitting above such limits are already equipped with control equipment, which will be regulated under the proposed amendment of Rule 3745-21-07;

(2) sources emitting below such limits are not expected to increase VOC emission by means of physical modifications, and in some cases by means of operational modifications, without first applying for and obtaining a permit-to-install (PTI) or PTI modification, either of which requires meeting "best available technology" under the PTI rule for sources emitting more than 10 tons per year; and (3) many sources are currently subject to these limits, or lower limits, in current PTIs, and such PTI-limits would continue to be enforced. Therefore, Ohio EPA does not expect a significant increase in VOC emissions by the removal of the 8 lbs/hour and 40 lbs/day limits for uncontrolled sources.

Regarding sources that are sheet molding compound (SMC) manufacturing operations, the limits under paragraph (G)(2) of Rule 3745-21-07 are being retained in new paragraph (M)(3)(g). Due to updated information on organic compound emissions associated with the development of the MACT standard for reinforced plastic composites production and due to recent emission testing at an uncontrolled SMC manufacturing operation in Ohio, uncontrolled emissions of organic compounds can exceed 8 pounds per hour or 40 pounds per day. The organic compound emissions are principally styrene emissions that have evaporated within the SMC manufacturing operation from styrene monomer, a photochemically reactive material, used to produce the SMC, Due to the nature of the SMC manufacturing operation, the styrene monomer must be used (i.e., it is not possible to reformulate to a non-PRM). Therefore, the emission limits of paragraph (G)(2) of Rule 3745-21-07 should be retained for SMC manufacturing operations to ensure state and federal compliance with either the 21-07(G)(2) limits or an alternative limit, based upon the application of control technology that is reasonably available considering technological and economic feasibility pursuant to paragraph (G)(9)(g) of Rule 3745-21-07. The provisions of paragraph (G)(9)(g) of Rule 3745-21-07 are being retained in new paragraph (M)(5)(e).

21.What if the Ohio EPA discovers, after the proposed amendment is approved, that it has missed some emissions units that have been controlled pursuant to Rule 3745-21-07? How will those emissions units be addressed?

In the event a controlled source currently subject to Rule 3745-21-07 is not included in the proposed and/or approved amendment of Rule 3745-21-07, Ohio EPA will take steps to include such source in a future amendment of Rule 3745-21-07. The amendment of rule 3745-21-07 contains a requirement under paragraph (M)(3) to ensure that controlled sources using liquid organic materials and not subject to Rule 3545-21-09, -12, -13, -14, - 15, 16, or -18 will continue to comply with control requirements. (Note that the proposed amendment of Rule 3745-21-07 provides a reporting exemption for controlled sources that are not listed within the rule and have an uncontrolled organic compound emission not exceeding 40 pounds per day.)

F. Ozone SIP and Role of USEPA in Rule Changes

22.What is the "savings clause" of the CAA? How does it affect any changes we would propose to make to this rule?

Rules 3745-21-07, -09, -12, -13, -14, -15,-16, and -18, as well as numerous other air pollution emission rules, are included in Ohio's state implementation plan (SIP). Such rules in the SIP have been reviewed and approved by USEPA as meeting the SIP requirements. An amendment of such SIP-approved rules must be approved by USEPA in order for the amended parts to be included in the SIP. Any SIP-approved rule can be enforced by USEPA.

One of the SIP requirements for rule amendment is the General Savings Clause under the Clean Air Act, Section 113. The General Savings Clause reads:

"Each regulation, standard, rule, notice, order and guidance promulgated or issued by the Administrator under this chapter, as in effect before November 15, 1990, shall remain in effect according to its terms, except to the extent otherwise provided under this chapter, inconsistent with any provision of this chapter, or revised by the Administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement, or plan in effect before November 15, 1990, in any area which is a nonattainment area for any air pollutant may be modified after November 15, 1990, in any manner unless the modification insures equivalent or greater emission reductions of such air pollutant."

This federal regulation prohibits the deletion of Rule 3745-21-07 in its entirety.

23.How will the amended rule comply with the "savings clause" of the CAA? Will the amended rule result in an increase in OC emissions throughout the State and thereby exacerbate the existing nonattainment problem for ozone?

Ohio EPA believes the proposed amendment of Rule 3745-21-07 meets the General Savings Clause because:

(1) the areas for which Rule 3745-21-07 was originally enacted are now attainment for the 1-hour ozone standard;

(2) the amendment of Rule 3745-21-07 would not increase the emission of VOC in these areas; and

(3) the amendment of Rule 3745-21-07 would require the continued operation of currently installed add-on controls and pollution prevention control measures.

Also, any potential increases in VOC emissions by new stationary sources would continue to be subject to the requirements of Ohio EPA's permit to install rules.

Therefore, the proposed amendment of Rule 3745-21-07 would not increase the emission of OC or VOC throughout Ohio and would not exacerbate the existing nonattainment problem for ozone.

G. Effect of Amendment of Rule 3745-21-07 on Permits-to-Install (PTIs)

24.How will the amended Rule 3745-21-07 affect existing PTIs that cite the requirements of this rule?

For existing PTIs that currently cite the requirements of Rule 3745-21-07, an amended Rule 3745-21-07 would not change such requirements for controlled sources. The controlled sources would be specifically listed in amended Rule 3745-21-07 with the control requirements derived from existing Rule 3745-21-07. If the PTI has organic compound emission limits cited under Rule 3745-31-05(A)(3) and typically expressed in lbs/hour, lbs/day, lbs/month, tons/year, and any other similar mass emissions rates, an amended Rule 3745-21-07 would not change such organic compound emission limits. Also, if the PTI has an annual or monthly organic compound emission limit that is derived from 40 pounds per day (e.g., 7.3 tons per year, which is based upon 40 times 365), an amended Rule 3745-21-07 would not change such organic compound emission limit.

Sources seeking to increase such PTI limits must obtain a modified PTI. However, if the PTI has organic compound emission limits cited under Rule 3745-21-07, which are typically expressed as 8 lbs/hour and 40 lbs/day, an amended Rule 3745-21-07 would cause such PTI limits to be void (i.e., no longer applicable). Also, for PTIs that specify no use of PRM or no emission of PRM, such requirements on PRM would no longer be applicable. Because otherwise allowed non-PRM would include the use and emission of VOC, it would not be reasonable to simply replace PRM restrictions with VOC restrictions.

See Appendix A for examples of the effect of amended Rule 3745-21-07 on permits, which include PTIs, PTOs, Title V permits, and permits-by-rule.

25.How will new sources of OC, that are not regulated by Rule 3745-21-09, -12, -13, -14,

-15, -16, or -18 be regulated by the Ohio EPA after the proposed amendment of Rule 3745-21-07 is adopted?

For newly issued PTIs, the amendment of Rule 3745-21-07 will not have any significant effect on organic compound emissions. Organic compound emissions would still be subject to the "best available technology" requirement in Ohio EPA's PTI rule for sources that emit greater than 10 tons per year, in accordance with SB 265. Some BAT requirements for specific types of sources are specified in Engineering Guides of the Division of Air Pollution Control. Such BAT guidelines would generally remain. Also, BAT requirements, if applicable, and PTI requirements for non-BAT sources cannot be less stringent than what is otherwise required by any applicable Ohio air pollution rule and federal air pollution rule. For organic compound emissions, the applicable Ohio air pollution rule is Rule 3745-21-09, -12, -13, -14, -15, -16, or 18 for VOC, and the applicable federal air pollution rules are the new source performance standards under 40 CFR Part 60 and the national emission standards for hazardous air pollutants under 40 CFR Parts 61 and 63. Also, for new sources of organic compound emissions, Ohio EPA will apply Chapter 3745-114 for air toxics.

H. Effect of Amendment of Rule 3745-21-07 on PTOs , PTIs, and Title V Permits

26.How will the amended Rule 3745-21-07 affect existing operating permits that cite the requirements of this rule?

For sources listed in amended Rule 3745-21-07 (i.e., with controls), there would be little or no immediate effect on permits to operate (PTOs) and Title V permits. Any restrictions within the permits on not allowing the use of PRM would no longer be enforced. Also, any record keeping and reporting associated with PRM usage would no longer be enforced.

Upon renewal or modification of such permits, the applicable rule citation under Rule 3745- 21-07 would have to be changed, along with removal of any restriction on PRM.

For sources without controls (i.e., not listed in amended Rule 3745-21-07), any emission limits or operational restrictions within the permits pertaining to organic compounds or PRMs would no longer be enforced, except for:

(1) emission limits or operational restrictions pertaining to organic compound emissions (or VOC emissions) cited within a permit-to-install under Rule 3745-31- 05(A)(3) and not under Rule 3745-21-07;

(2) sources in which liquid organic material comes into contact with flame or is baked, heat-cured, or heat-polymerized in the presence of oxygen [i.e., new paragraph (M)(4) essentially replaces paragraph (G)(1)]; and

(3) sheet molding compound manufacturing operations (i.e., new paragraph (M)(3)(g) essentially replaces paragraph (G)(2) for such operations).

Also, any record keeping and reporting associated with limits or restrictions that are no longer enforced would not be enforced.

Some facilities may have relied upon the 40 pounds per day limitation of paragraph (G)(2) to establish a potential to emit for specific sources (operations) in order to avoid major source (Title V) permitting. With the discontinuance of the 40 pounds per day limitation, such facilities should reevaluate their potential to emit, and where appropriate apply for different permits, such as federally enforceable state operating permits (FESOPs) or a synthetic minor permit-to-install, to assure that major source thresholds are not exceeded.

There will be permit situations in which the discontinuance of limits, restrictions, record keeping and reporting may not be clear to the permit holder. Ohio EPA suggests that the permit holder contact the Ohio EPA District Office or local air agency having jurisdiction for clarification. In some cases, the permit may have to be modified prior to permit renewal.

See Appendix A for examples of the effect of amended Rule 3745-21-07 on permits, which include PTIs, PTOs, Title V permits, and permits-by-rule.

27.How will the amended Rule 3745-21-07 affect newly issued operating permits?

For newly issued state permits-to-operate (PTOs) and newly issued permits-to-install

(PTIs) at non-Title V facilities, the new rule will apply. Also, any permit-by-rules that refer to 3745-21-07 will be amended to remove requirements pertaining to photochemically reactive materials

For newly issued Title V permits and newly issued PTIs at Title V facilities, the current rule language (i.e, the current rule language in the Ohio SIP) will be included within the State/Federal part, and the new rule language will be included within the State-only part.

Also, language will be included within the Title V permit or PTI indicating that as soon as the new rule is acceptable to USEPA as part of the Ohio SIP, the new rule requirements will become federally enforceable and the current rule requirements will no longer be enforceable by USEPA.

When the new rule is approved by USEPA as part of the Ohio SIP, any newly issued Title V permits and newly issued PTIs at Title V facilities will include language from only the new rule.

I. New Ozone NAAQS and Related Future Rules

28.How will the amendment of Rule 3745-21-07 affect future rules that will be required to achieve the new NAAQS for ozone? What is the new NAAQS for ozone?

On July 18, 1997, USEPA promulgated a new ozone NAAQS, which is 0.08 ppm ozone (8- hour average). For this 8-hour ozone NAAQS, USEPA will require states with nonattainment areas to submit a SIP to attain and maintain compliance with it.

Ohio EPA has a large number of areas that do not meet the 8-hour ozone NAAQS. As part of any SIP submittal to USEPA, Ohio EPA will include additional VOC rules and requirements as needed. Any new reductions of VOC emissions from stationary sources will be included in Rule 3745-21-09 or other rules under Chapter 3745-21. Also, due to nitrogen oxides emissions being an ozone precursor, any new reductions of nitrogen oxides emissions from stationary sources would be enacted as required or needed.

The amendment of Rule 3745-21-07 would not affect the future control strategies for VOC emission reductions. An amended Rule 3745-21-07 would continue the operation of control equipment already installed for the reduction of organic compound emissions, which are essentially all VOC emissions. An amended Rule 3745-21-07 would not increase VOC emissions and, thereby, would not contribute to nonattainment of the 8-hour ozone NAAQS.

Appendix A

The following are examples of the effect of amended Rule 3745-21-07 on permits that were issued prior to the effective date of amended Rule 3745-21-07. The term "void" means not enforceable due to no longer being in effect.

PTI means permit-to-install. PTO means permit-to-operate. TVP means Title V permit

Example #1A

A facility has a permit (PTI, PTO, or TVP) for a coating (or printing) operation which cites OAC rule 3745-21-07(G) or a sub-paragraph of OAC rule 3745-21-07(G). The coating (or printing) operation does not have a control device for OC emissions, does not have an applicable requirement under OAC rule 3745-21-09, -12, -13, -14, -15, -16, or -18, and is not listed within paragraph (M) of amended OAC rule 3745-21-07. The permit specifies the following requirements:

(a) OC emission limits of 8 pounds/hour and 40 pounds/day from coating (or printing) excluding cleanup, 8.0 tons OC/year from coating (or printing) including cleanup;

(b) operational restrictions of 8 gallons/day for coating (or printing), 1 gallon/day for cleanup, 2,000 gallons/year for coating, 250 gallons/year for cleanup, and no PRM for cleanup; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) OC emission limits of 8 pounds/hour and 40 pounds/day from coating (or printing) excluding cleanup;

(b) operational restriction of no PRM for cleanup; and

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Example #1B

(a) OC emission limits of 8 pounds/hour and 25 pounds/day from coating (or printing) excluding cleanup, 6.0 tons OC/year from coating (or printing) including cleanup;

(b) operational restrictions of 5 gallons/day for coating (or printing), 1 gallon/day for cleanup, 1,500 gallons/year for coating, 250 gallons/year for cleanup, and no PRM for cleanup; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) OC emission limits of 8 pounds/hour from coating (or printing) excluding cleanup;

(b) operational restriction of no PRM for cleanup; and

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Example #1C

(a) OC emission limits of 50 pounds/day from coating (or printing) excluding cleanup, 10.0 tons OC/year from coating (or printing) including cleanup;

(b) operational restrictions of 10 gallons/day for coating (or printing), 1 gallon/day for cleanup, 2,500 gallons/year for coating, 250 gallons/year for cleanup, no PRM for coating (or printing) material, and no PRM for cleanup; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) operational restrictions of no PRM for coating (or printing) materials and no PRM for cleanup; and

(b) record keeping and reporting associated with the above operational restrictions.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Example #1D

(a) OC emission limits of:

- 10 pounds/hour on any day in which a PRM is not employed;

- 8 pounds/hour and 40 pounds/day on any day in which a PRM is employed;

- 20 tons per year (or 20 tons per rolling 12-month period);

- 5.0 lbs/gallon of coating;

(b) operational restriction requiring use of high volume low pressure spray; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) OC emission limits of 8 pounds/hour and 40 pounds/day on any day in which a PRM is employed; and

(b) record keeping and reporting associated with the above emission limits.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Special Note on Example #1D: The OC emission limit of 10 pounds per hour and the

record keeping and reporting associated with that OC emission limit would apply for all days. The PTI for this operation would most likely be modified by Ohio EPA to clarify these requirements, but such modification may not occur for some time due to limited resources.

Example #2A

A facility has a permit (PTI, PTO, or TVP) for an operation which cites OAC rule 3745-21- 07(G)(9)(c). The operation employs a process material and a cleanup material. The operation does not have a control device for OC emissions, does not have an applicable requirement under OAC rule 3745-21-09, -12, -13, -14, -15, -16, or -18, and is not listed within paragraph (M) of amended OAC rule 3745-21-07. The permit specifies the following requirements:

(a) OC emission limit of 3 tons OC/year from the operation including cleanup;

(b) operational restrictions:

(i) volatile content of the process material, consisting of water and liquid organic material, shall contain a liquid organic material that comprises not more than 20 percent by volume of the volatile content and said volatile content shall not be a PRM; and

(ii) cleanup material shall not be a PRM; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) operational restrictions on the volatile content of the process material and the use of no PRM for cleanup; and

(b) record keeping and reporting associated with the above operational restrictions.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Special Note on Example #2A: If the above operation is subject to paragraph (M)(4) of amended OAC rule 3745-21-07, the exemption under paragraph (M)(5)(d)(i) may be appropriate as an operational restriction for the process material.

Example #2B

A facility has a permit (PTI, PTO, or TVP) for an operation which cites OAC rule 3745-21-

07(G)(9)(d). The operation employs a process material and a cleanup material. The operation does not have a control device for OC emissions, does not have an applicable requirement under OAC rule 3745-21-09, -12, -13, -14, -15, -16, or -18, and is not listed within paragraph (M) of amended OAC rule 3745-21-07. The permit specifies the following requirements:

(a) OC emission limit of 3 tons OC/year from the operation including cleanup;

(b) operational restrictions:

(i) volatile content of the process material shall not exceed 20 percent by volume of the process material and the volatile content shall not be a PRM; and

(ii) cleanup material shall not be a PRM; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) operational restrictions on the volatile content of the process material and the use of no PRM for cleanup; and

(b) record keeping and reporting associated with the above operational restrictions.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Special Note on Example #2B: If the above operation is subject to paragraph (M)(4) of amended OAC rule 3745-21-07, the exemption under paragraph (M)(5)(d)(ii) may be appropriate as an operational restriction.

Example #3A

A facility has a permit (PTI, PTO, or TVP) for an operation which cites OAC rule 3745-21- 07(G) or a sub-paragraph of OAC rule 3745-21-07(G). The operation has an incineration- type control device for OC emissions, does not have an applicable requirement under OAC rule 3745-21-09, -12, -13, -14, -15, -16, or -18, and is listed within paragraph (M)(1) of amended OAC rule 3745-21-07. The permit specifies the following requirements:

(a) limitation on controlling non-cleanup OC emissions from the operation by means of a control system that reduces such OC emissions from the operation by at least 85 % and that uses an incineration-type control device with an efficiency of at least 90%;

(b) operational restrictions on when the control system is to be operated, the minimum

combustion temperature of the incineration-type control device, and no PRM for cleanup;

(d) record keeping and reporting associated with the above OC limits, operational restrictions, and monitoring requirements.

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) operational restriction of no PRM for cleanup, and

(b) record keeping and reporting associated with the above operational restriction.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Special Note on Example #3A: If the above "controlled operation" is not listed within paragraph (M)(1) of amended OAC rule 3745-21-07 and there is no applicable federal regulation or BAT limit requiring a greater control of the OC emissions, then Ohio EPA should be notified immediately about such operation pursuant to paragraph (M)(3)(b) of amended OAC rule 3745-21-07. Also, the operation may be subject to paragraph (M)(3)(a) or (M)(4) of amended OAC rule 3745-21-07.

Example #3B

(a) limitation on controlling non-cleanup OC emissions from the operation by means of a control system that reduces such OC emissions from the operation by at least 85% or reduces such OC emissions to not exceed 40 pounds per day, and that uses an incineration-type control device with an efficiency of at least 90%;

(b) OC emission limits of 7.3 tons per year (or 7.3 tons per rolling 12-month period), excluding cleanup and 1.0 tons per year (or 1.0 tons per rolling 12 month period) for cleanup;

(c) operational restrictions on when the control system is to be operated, the minimum combustion temperature of the incineration-type control device, and no PRM for cleanup;

(d) combustion temperature monitoring; and

(e) record keeping and reporting associated with the above OC limits, operational restrictions, and monitoring requirements.

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) OC emission limit of 40 pounds per day;

(b) operational restriction of no PRM for cleanup; and

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Special Note on Example #3B: If the above "controlled operation" is not listed within paragraph (M)(1) of amended OAC rule 3745-21-07 and there is no applicable federal regulation or BAT limit requiring a greater control of the OC emissions, then Ohio EPA should be notified immediately about such operation pursuant to paragraph (M)(3)(b) of amended OAC rule 3745-21-07. Also, the operation may be subject to paragraph (M)(3)(a) or (M)(4) of amended OAC rule 3745-21-07.

Example #4A

A facility has a permit (PTI, PTO, or TVP) for an operation which cites OAC rule 3745-21- 07(G) or (G)(1). The operation employs a liquid organic material or substance containing liquid organic material that comes into contact with flame or is baked, heat-cured, or

heat-polymerized, in the presence of oxygen. The operation does not have a control device for OC emissions, does not have an applicable requirement under OAC rule 3745- 21-09, -12, -13, -14, -15, -16, or -18, and is not listed within paragraph (M)(1) of amended OAC rule 3745-21-07. The permit specifies the following requirements:

(a) OC emission limits of 3 pounds/hour and 15 pounds/day, excluding cleanup, and 4.0 tons OC/year including cleanup;

(b) operational restriction of no PRM for cleanup; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) operational restriction of no PRM for cleanup; and

(b) record keeping and reporting associated with the above emission limits and operational restriction.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Special Note on Example #4A: If the operation is not listed in paragraph (M)(1) of amended OAC rule 3745-21-07, the OC emission limits of 3 lbs/hour and 15 pounds/day that are associated with paragraph (G)(1) of previous OAC rule 3745-21-07 would remain pursuant to paragraph (M)(4) of amended OAC rule 3745-21-07.

Example #5A

A facility has a permit (PTI, PTO, or TVP) for a operation which cites OAC rule 3745-21- 07(D), (E), or (F). The operation stores, loads, or recovers a liquid organic material that is not a volatile photochemically reactive material. The operation does not have a control device for OC emissions, does not have an applicable requirement under OAC rule 3745- 21-09, -12, -13, -14, -15, -16, or -18, and is not listed within paragraph (K)(1) or (L)(1) of amended OAC rule 3745-21-07. The permit specifies the following requirements:

(a) OC emission limits of 20 pounds/day and 4.0 tons/year;

(b) operational restriction of no volatile photochemically reactive material; and

Upon the effective date of amended OAC rule 3745-21-07, the following requirements in the permit* would be void:

(a) operational restriction of no volatile photochemically reactive material; and

(b) record keeping and reporting associated with the above operational restriction.

* If the permit is a Title V permit, then the listed requirements would not be void until the new rule is approved by USEPA in the Ohio SIP.

Example #6A

A printing facility has a permit-by-rule pursuant to OAC rule 3745-31-03(A)(4)(k) or (A)(4)(l). Under OAC rule 3545-31-03(A)(4)(k) or (A)(4)(l), that is effective on 7/29/05, there are requirements on qualifications, applicable emission limitations, monitoring an/or record keeping, and reporting. The requirements pertaining to photochemically reactive materials would be void. The permit-by-rule will be amended to remove the requirements pertaining to photochemically reactive materials.

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Document Information

File Date:: 2007-10-19
CSI:: Yes
Rule File:: 3745-21-07_PH_TBR_N_RU_20071019_1031.pdf
RSFA File:: 3745-21-07_PH_TBR_N_RS_20071019_1031.pdf
Related Chapter/Rule NO.: (1): Ill. Adm. Code 3745-21-07. Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code)