Chapter 3745-110 Nitrogen Oxides - Reasonably Available Control Technology

3745-110-01 Definitions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of this rule titled "Reference to materials."]

(A) Except as otherwise provided in this rule, the definitions in rule 3745-15-01 of the Administrative Code shall apply to this chapter.

(B) As used in this chapter:

(1) "Affected facility" means any facility that meets the applicability requirements in rule 3745-110-02 of the Administrative Code.

(2) "Affected source" means any source which is located at any affected facility and is not exempt under paragraph (K) of rule 3745-110-03 of the Administrative Code.

(3) "Auxiliary boiler" means either a boiler that produces steam and operates at a capacity factor of less than ten per cent or a boiler at a nuclear electrical generating facility that produces steam for the facility during either emergency periods or atypical extended periods of nuclear plant outage.

(4) "Black start unit" means any electric generating unit operated only in the event of a complete loss of facility power to test reliability, or for maintenance.

(5) "British thermal unit" or "Btu" means the amount of heat required to raise one pound of water one degree Fahrenheit.

(6) "Capacity factor" means either the ratio of gross actual output to the gross rated output or the ratio of actual heat input to potential heat input for the calendar year, expressed as a percentage.

(7) "Cell burner" means burner cells that consist of two or three circular burners combined into a vertically oriented assembly that creates a compact, intense flame.

(8) "Coal" means all solid fuels classified as anthracite, bituminous, sub-bituminous or lignite, as defined by ASTM D388-12, " Standard Classification for Coals by Rank."

(9) "Cyclone-fired boiler" means a boiler that combusts fuel in a horizontal water-cooled cylinder before releasing the combustion gases into the boiler.

(10) "Diesel fuel" means a low sulfur fuel oil of grades 1-D or 2-D, as defined by ASTM D975-12, "Standard Specification for Diesel Fuel Oils."

(11) "Distillate oil" means fuel oil that complies with the specifications for fuel oil number one or two, as defined by ASTM D396-12, "Standard Specification for Fuel Oils."

(12) "Dry bottom" means a boiler design in which the coal-fired unit is equipped with an ash disposal hopper bottom with sufficient cooling surface so that the ash particles impinging on the furnace walls or hopper bottom can be removed in a dry state.

(13) "Dual fuel" means a mixture of diesel fuel or distillate oil and gaseous fuels.

(14) "Engine testing operation" means the activities, or the apparatus used in conducting testing of an internal combustion engine for the purpose of quality assurance/quality control in the manufacturing process of the engine, or for evaluating the pollutant emissions emitted by the engine.

(15) "Gaseous fuels" means natural gas, blast furnace gas, coke oven gas or refinery fuel gas.

(16) "Industrial boiler" means a steam generating unit that generates steam to supply power and/or heat to an industrial, institutional, or commercial operation. This term does not include boilers that serve electrical generating units and cogeneration facilities.

(17) "Internal combustion engine" means any engine in which power, produced by heat and/or pressure developed in the engine cylinder(s) by burning a mixture of air and fuel (including diesel fuel), is subsequently converted to mechanical work by means of one or more pistons.

(18) "Lb per mmBtu" or "lb/mmBtu" means pound per million British thermal units.

(19) "Large boiler" means an industrial boiler with a maximum heat input capacity greater than one hundred mmBtu/hr and equal to or less than two hundred fifty mmBtu/hr.

(20) "Lean burn engine" means an internal combustion engine where the amount of oxygen in the exhaust gases is one per cent or more, by weight.

(21) "Low NOx burner" means a burner designed to reduce flame turbulence by the mixing of fuel and air and by establishing fuel-rich zones for initial combustion, thereby reducing the formation of NOx.

(22) "Mid-size boiler" means an industrial boiler with a maximum heat input capacity greater than fifty mmBtu/hr and equal to or less than one hundred mmBtu/hr.

(23) "MmBtu/hr" means million British thermal units per hour.

(24) "Municipal solid waste" means household, commercial/retail, and/or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, non-manufacturing activities at industrial facilities, and similar establishments or facilities. Institutional waste includes material discarded by schools, hospitals, non-manufacturing facilities and other similar establishments or facilities. Household, commercial/retail, and institutional wastes do not include sewage, wood pallets, construction and demolition wastes, or motor vehicles (including motor vehicle parts or vehicle fluff). Municipal solid waste does include motor vehicle maintenance materials, limited to vehicle batteries, used motor oil, and tires. Municipal solid waste does not include wastes that are solely segregated medical wastes. However any mixture of segregated wastes which contain more than thirty per cent medical waste discards is considered to be municipal solid waste.

(25) "Municipal waste combustor" means any device that combusts any solid, liquid, or gasified municipal solid waste.

(26) "N/A" means not applicable.

(27) "Natural gas" means a naturally occurring mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth's surface, of which the principal constituent is methane.

(28) "Nitrogen oxides" or "NOx" means all oxides of nitrogen which are determined to be ozone precursors, including, but not limited to, nitrogen oxide and nitrogen dioxide, but excluding nitrous oxide, collectively expressed as nitrogen dioxide.

(29) "Oil" means crude oil or petroleum, or a liquid fuel derived from crude oil or petroleum, including distillate oil and residual oil.

(30) "Overfeed stoker-fired" means a boiler design that employs a moving grate assembly where the coal is fed into a hopper and then onto a continuous grate that conveys the coal into the furnace. As coal moves through the furnace, it passes over several air zones for staged burning.

(31) "Peaking unit" means any electric generating unit that operates at a capacity factor of less than ten per cent between April first and October thirty-first of any calendar year.

(32) "Potential to emit" means the maximum capacity of a facility or stationary source to emit NOx under its physical and operational design. Any physical or operational limitation on the capacity of the facility or stationary source to emit NOx, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable or legally and practicably enforceable by the state.

(33) "Ppmvd" means parts per million by volume on a dry basis.

(34) "RACT" means the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

(35) "Reheat furnace" means a furnace in which metal ingots, billets, slabs, beams, blooms and other similar products are heated to bring them to the temperature required for hot-working.

(36) "Research and development sources" means a research or laboratory facility the primary purpose of which is to conduct research and development into new processes and products, that is operated under the close supervision of technically trained personnel, and that is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de-minimis manner.

(37) "Residual oil" means crude oil, fuel oil that does not comply with the specifications under the definition of "distillate oil," and all fuel oil numbers four, five, or six, as defined by ASTM D396-12, "Standard Specification for Fuel Oils."

(38) "Rich burn engine" means an internal combustion engine where the amount of oxygen in the engine exhaust gases is less than one per cent, by weight.

(39) "Small boiler" means an industrial boiler with a maximum heat input capacity greater than twenty mmBtu/hr and equal to or less than fifty mmBtu/hr.

(40) "Space heating unit " means any fuel burning equipment that is used only for space heating purposes during the period from November first through March thirty-first or during other periods of cold weather conditions.

(41) "Spreader stoker-fired" means a boiler design where mechanical or pneumatic feeders distribute coal uniformly over the surface of a moving grate.

(42) "Stand-by fuel burning equipment" means any fuel burning equipment which is used only as a direct substitution for other fuel burning equipment for a limited period due to unpredictable breakdown or failure, or routine scheduled maintenance of such other fuel burning equipment or its associated air pollution control system.

(43) "Start-up unit" means a unit operated only to start up larger electric generating units.

(44) "Stationary combustion turbine" means any simple cycle combustion turbine, regenerative cycle combustion turbine, or any combustion turbine portion of a combined cycle steam/electric generating system that is not self-propelled, but which may be mounted on a vehicle for portability.

(45) "Stationary internal combustion engine" means any reciprocating internal combustion engine that is not self propelled, but which may be mounted on a vehicle for portability.

(46) "Tangential-fired" means a furnace firing design where the burners are mounted at the corners of the furnace chamber.

(47) "Tune-up" means adjustments made to a burner or boiler in accordance with procedures supplied by the manufacturer (or approved specialist) to optimize the combustion efficiency.

(48) "Very large boiler" means an industrial boiler with a maximum heat input capacity greater than two hundred fifty mmBtu/hr.

(49) "Wall-fired" means a furnace firing design in which the burners are mounted in an array on one or more vertical walls, including:

(a) Opposed firing, where the burners are mounted on two opposite walls; and

(b) Single-wall firing, where the burners are mounted on only one wall.

[Comment: Wall-fired does not include cell burner configurations.]

(50) "Wet bottom" means a furnace design in which the coal-fired unit is equipped for slag disposal with a two-stage arrangement consisting of a chamber in the lower part of the furnace where the slag is deposited in a liquid state onto a collection surface, and a tank, containing water, into which the liquid slag is tapped.

(C) Reference to materials. This chapter includes references to certain matter or materials. The text of the referenced materials is not included in the regulations contained in this chapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific versions specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The materials incorporated by reference are available as follows:

(a) American Society for Testing Materials (ASTM). Information and copies of documents may be obtained by writing to: "ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19426- 2959." These documents are also available for purchase at www.astm.org. ASTM documents are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(b) Code of Federal Regulations (CFR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at http://www.ecfr.gov. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(c) Federal Register (FR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." Online access to the Federal Register is available at http://www.gpo.gov/fdsys/. A copy of the Federal Register is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(d) "EPA Air Pollution Control Cost Manual;" United States Environmental Protection Agency. Information and copies of this document may be obtained by writing to: "United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711." This document is also available for viewing at http://www.epa.gov/ttn/ecas/costmodels.html.

(e) "Guidance for Estimating Capital and Annual Costs of Air Pollution Systems;" Ohio environmental protection agency Engineering Guide 46. Information and copies of this document may be obtained by writing to: "Ohio environmental protection agency, division of air pollution control, 50 West Town Street, Suite 700, Columbus, Ohio, 43215." This document is also available for viewing at http://www.epa.ohio.gov/dapc/engineer/eguides.aspx

(2) Incorporated materials.

(a) 40 CFR Part 60; "Standards of Performance for New Stationary Sources;" as published in the July 1, 2012 Code of Federal Regulations.

(b) 40 CFR Part 60, Appendix F; "Quality Assurance Procedures;" 52 FR 21008, June 4, 1987; 52 FR 27612, July 22, 1987, as amended at 56 FR 5527, Feb. 11, 1991; 69 FR 1816, Jan. 12, 2004.

(c) 40 CFR Part 75; "Continuous emission monitoring;" as published in the July 1, 2012 Code of Federal Regulations.

(d) ASTM D388-12; "Standard Classification of Coals by Rank;" updated 2005.

(e) ASTM D396-12; "Standard specification for fuel oils;" updated 2005.

(f) ASTM D975-12; "Standard Specification for Diesel Fuel Oils;" updated 2005.

(g) "Clean Air Interstate Rule;" as published May 12, 2005 in volume 70 of the Federal Register, page 25162.

(h) "EPA Air Pollution Control Cost Manual;" EPA/452/B-02-001, Sixth Edition, January 2002.

(i) "Guidance for Estimating Capital and Annual Costs of Air Pollution Systems;" Ohio environmental protection agency Engineering Guide 46; March 1983.

(j) Performance Specification 2; contained in 40 CFR Part 60, Appendix B; "Specifications and Test Procedures for SO2 and NOX Continuous Emission Monitoring Systems in Stationary Sources;" 48 FR 13327, Mar. 30, 1983 and 48 FR 23611, May 25, 1983, as amended at 48 FR 32986, July 20, 1983; 51 FR 31701, Aug. 5, 1985; 52 FR 17556, May 11, 1987; 52 FR 30675, Aug. 18, 1987; 52 FR 34650, Sept. 14, 1987; 53 FR 7515, Mar. 9, 1988; 53 FR 41335, Oct. 21, 1988; 55 FR 18876, May 7, 1990; 55 FR 40178, Oct. 2, 1990; 55 FR 47474, Nov. 14, 1990; 56 FR 5526, Feb. 11, 1991; 59 FR 64593, Dec. 15, 1994; 64 FR 53032, Sept. 30, 1999; 65 FR 62130, 62144, Oct. 17, 2000; 65 FR 48920, Aug. 10, 2000; 69 FR 1802, Jan. 12, 2004; 70 FR 28673, May 18, 2005.

(k) USEPA method 7; contained in 40 CFR Part 60, Appendix A; "Determination of nitrogen oxide emissions from stationary sources;" as published in the July 1, 2012 Code of Federal Regulations.

(l) USEPA method 7a; contained in 40 CFR Part 60, Appendix A; "Determination of nitrogen oxide emissions from stationary sources-Ion chromatographic method;" as published in the July 1, 2012 Code of Federal Regulations.

(m) USEPA method 7c; contained in 40 CFR Part 60, Appendix A; "Determination of nitrogen oxide emissions from stationary sources-Alkaline-permanganate/colorimetric method;" as published in the July 1, 2012 Code of Federal Regulations.

(n) USEPA method 7d; contained in 40 CFR Part 60, Appendix A; "Determination of nitrogen oxide emissions from stationary sources-Alkaline-permanganate/ion chromatographic method;" as published in the July 1, 2012 Code of Federal Regulations.

(o) USEPA method 7e; contained in 40 CFR Part 60, Appendix A; "Determination of Nitrogen Oxides Emissions From Stationary Sources (Instrumental Analyzer Procedure);" as published in the July 1, 2012 Code of Federal Regulations.

Effective: 07/18/2013
R.C. 119.032 review dates: 05/02/2013 and 07/18/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 12/22/07, 5/12/11

3745-110-02 Applicability.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-110-01 of the Administrative Code titled " Reference to materials."]

(A) Unless exempted under paragraph (K) of rule 3745-110-03 of the Administrative Code, the requirements of this chapter shall apply to any stationary source of NOx emissions that meets one of the following conditions:

(1) Existing sources.

(a) The source is, as defined in rule 3745-110-01 of the Administrative Code, a very large boiler, large boiler, mid-size boiler, small boiler, stationary combustion turbine, stationary internal combustion engine, or reheat furnace, or it is located at a facility that emits or has the potential to emit a total of more than one hundred tons per year of NOx emissions from all sources at that facility, including all sources that are exempt under rule 3745-110-03 of the Administrative Code; and

(b) The source is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summit County.

(2) New or modified sources, as defined in rule 3745-31-01 of the Administrative Code.

(a) The source is, as defined in rule 3745-110-01 of the Administrative Code, a very large boiler, large boiler, mid-size boiler, small boiler, stationary combustion turbine, stationary internal combustion engine, or reheat furnace; and

(b) Except where the emission limitations and requirements of an applicable new source performance standard under 40 CFR Part 60 are more stringent than the emission limitations and requirements of this chapter, any new or modified source issued a permit-to-install after January 1, 2008, shall comply with the requirements of this chapter.

[Comment: If a new source performance standard is determined to be more stringent than the requirements of this chapter, the new source described under this paragraph shall comply with the new source performance standards in lieu of the requirements of this chapter].

Effective: 07/18/2013
R.C. 119.032 review dates: 05/02/2013 and 07/18/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 12/22/07

3745-110-03 RACT requirements and/or limitations for emissions of NOx from stationary sources.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-110-01 of the Administrative Code titled "Reference to materials."]

(A) Small boilers.

The owner or operator of a small boiler must annually perform a tune-up and maintain, in a permanently bound log book, or other format approved in writing by the director the following information:

(1) The date of the last tune-up;

(2) The name, title and affiliation of the person who performed the tune-up and made any adjustments; and

(3) Any other information which the Ohio environmental protection agency may require as a condition of approval of any permit for the boiler.

(B) Mid-size boilers.

Except as otherwise provided in paragraphs (J) to (L) of this rule, on and after the compliance deadline specified by rule 3745-110-04 of the Administrative Code, no owner or operator of a mid-size boiler shall allow or permit the discharge into the ambient air of any NOx emissions in excess of the following:

Emissions limitations [pounds of NOx emissions per mmBtu]

Fuel Type

Tangential-fired

Wall-fired

Cyclone-fired

Spreader Stoker-fired

Overfeed Stoker-fired

Gas Only

0.10

0.10

N/A

N/A

N/A

Distillate Oil

0.12

0.12

0.12

N/A

N/A

Residual Oil

0.23

0.23

0.23

N/A

N/A

Coal (Wet Bottom)

0.30

0.30

0.30

N/A

N/A

Coal (Dry Bottom)

0.30

0.30

0.30

0.30

0.30

(C) Large boilers.

Except as otherwise provided in paragraphs (J) to (L) of this rule, on and after the compliance deadline specified by rule 3745-110-04 of the Administrative Code, no owner or operator of a large boiler shall allow or permit the discharge into the ambient air of any NOx emissions in excess of the following:

Emissions Limitations [pounds of NOx emissions per mmBtu]

Fuel Type

Tangential-fired

Wall-fired

Cyclone-fired

Spreader Stoker-fired

Overfeed Stoker-fired

Gas Only

0.10

0.10

N/A

N/A

N/A

Distillate Oil

0.12

0.12

0.12

N/A

N/A

Residual Oil

0.23

0.23

0.23

N/A

N/A

Coal (Wet Bottom)

0.30

0.30

0.30

N/A

N/A

Coal (Dry Bottom)

0.30

0.30

0.30

0.30

0.30

(D) Very large boilers.

Except as otherwise provided in paragraphs (J) to (L) of this rule, on and after the compliance deadline specified by rule 3745-110-04 of the Administrative Code, no owner or operator of a very large boiler shall allow or permit the discharge into the ambient air of any NOx emissions in excess of the following:

Emissions Limitations [pounds of NOx emissions per mmBtu]

Fuel Type

Tangential-fired

Wall-fired

Cyclone-fired

Spreader Stoker-fired

Overfeed Stoker-fired

Gas Only

0.10

0.10

N/A

N/A

N/A

Distillate Oil

0.12

0.12

0.12

N/A

N/A

Residual Oil

0.23

0.23

0.23

N/A

N/A

Coal (Wet Bottom)

0.30

0.30

0.30

N/A

N/A

Coal (Dry

0.30

0.30

0.30

0.30

0.30

Bottom)

              

(E) Stationary combustion turbine:

Except as otherwise provided in paragraphs (J) to (L) of this rule, on and after the compliance deadline specified by rule 3745-110-04 of the Administrative Code, no owner or operator of a stationary combustion turbine shall allow or permit the discharge into the ambient air of any NOx emissions in excess of the following:

(1) Simple cycle turbines.

(a) Less than 3.5 megawatts.

(i) 150.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel, for both mechanical drive and electrical generation.

(ii) 200.0 ppmvd corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel, for both mechanical drive and electrical generation.

(b) 3.5 megawatts up to, and including 25.0 megawatts.

(i) 42.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel, for both mechanical drive and electrical generation.

(ii) 96.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel, for both mechanical drive and electrical generation.

(c) Greater than 25.0 megawatts and less than 50.0 megawatts.

(i) 42.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel.

(ii) 96.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel.

(d) Equal to or greater than 50.0 megawatts.

(i) 42.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel.

(ii) 96.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel.

(2) Combined cycle turbines.

(a) Less than 3.5 megawatts.

(i) 150.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel, for both mechanical drive and electrical generation.

(ii) 200.0 ppmvd corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel, for both mechanical drive and electrical generation.

(b) 3.5 megawatts up to, and including 25.0 megawatts.

(i) 42.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel, for both mechanical drive and electrical generation.

(ii) 96.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel, for both mechanical drive and electrical generation.

(c) Greater than 25.0 megawatts and less than 50.0 megawatts.

(i) 42.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel.

(ii) 96.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel.

(d) Equal to or greater than 50.0 megawatts.

(i) 42.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing only natural gas fuel.

(ii) 96.0 ppmvd, corrected to fifteen per cent oxygen, for combustion turbines firing distillate oil or diesel fuel.

(F) Stationary internal combustion engine.

Except as otherwise provided in paragraphs (J) to (L) of this rule, on and after the compliance deadline specified by rule 3745-110-04 of the Administrative Code, no owner or operator of a stationary internal combustion engine shall allow or permit the discharge into the ambient air of any NOx emissions in excess of the following:

(1) For rich burn engines which burn only gaseous fuels, 3.0 grams per horsepower-hour for engines which are greater than two thousand horsepower.

(2) For lean burn engines which burn only gaseous fuels, 3.0 grams per horsepower-hour for engines which are greater than two thousand horsepower.

(3) For engines which burn only diesel fuel or distillate oil, 3.0 grams per horsepower-hour for engines which are greater than two thousand horsepower.

(4) For engines which burn dual fuels, 3.0 grams per horsepower-hour for engines which are greater than two thousand horsepower.

(G) Reheat furnaces.

Except as otherwise provided in paragraphs (J) to (L) of this rule, and excluding furnaces subject to a source-specific NOx emission limit established in this rule, on and after the compliance deadline specified by rule 3745-110-04 of the Administrative Code, no owner or operator of a reheat furnace with a maximum heat input capacity of greater than 50.0 mmBtu/hr shall allow or permit the discharge into the ambient air of any NOx emissions in excess of 0.09 lb/mmBtu.

(H) The emissions limits specified in paragraphs (A) to (G) of this rule or pursuant to paragraph (J) of this rule shall be based on the following:

(1) The average of three one-hour stack test runs if stack testing is used to demonstrate compliance; or

(2) A twenty-four-hour daily heat input-weighted average if a continuous emissions monitor is used to demonstrate compliance. A thirty-day rolling heat input-weighted average emission rate may be used to demonstrate compliance with the appropriate emission limit from October first to April thirtieth.

Determine the twenty-four-hour daily heat input-weighted average NOx emission rate based on the heat input-weighted average of the block hourly arithmetic average emission rates during each twenty-four-hour daily period from twelve a.m. to twelve a.m. the following day using continuous emissions monitor data. The block hourly heat input-weighted average emission rate must be calculated for each one-hour period starting with the period twelve a.m. to one a.m. and continuing through until the last period eleven p.m. to twelve a.m.; or, starting with the period twelve p.m. to one p.m. and continuing through the last period eleven a.m. to twelve p.m. The thirty-day rolling heat input-weighted average must be the average of the twenty-four-hour daily heat input-weighted NOx emission rate.

(I) Emission averaging programs.

(1) An owner or operator of a source which is subject to this chapter may propose an emission averaging program in lieu of the applicable emission limit(s) specified in paragraphs (A) to (G) of this rule or established in accordance with paragraph (J) of this rule. Both affected sources under rule 3745-110-02 of the Administrative Code and non-affected sources are allowed to be utilized in the averaging program, to the extent that reductions are real, quantifiable and enforceable and are in excess of any state or federal requirements. Any proposed emission averaging program shall comply with all of the following requirements:

(a) Specify the RACT emission limit for each affected source in rule 3745-110-02 of the Administrative Code involved in the emission averaging program;

(b) Specify a clearly enforceable proposed emission limit for each source or group of sources involved in the emission averaging program;

(c) Result in actual reductions in NOx emissions that are equal to or greater than the actual emission reductions that would be required by this rule if an emission averaging program were not employed; and

(d) Achieve compliance with the proposed emission limits in accordance with the compliance deadlines in rule 3745-110-04 of the Administrative Code.

(e) Reductions allowed under the emission averaging program are those reductions that are real, quantifiable and enforceable and are in excess of any state or federal requirements. For purposes of determining the reductions, the actual emissions in tons per year, from all sources included in the averaging program, are subtracted from the lesser of either the actual annual average emissions prior to when the actual reduction occurs or the allowable emissions. A shutdown is creditable only to the extent that the owner or operator can demonstrate to the satisfaction of the director that the shutdown does not correspond to load-shifting or other activity which results in or could result in an equivalent or greater emission increase and that the reduction accounts for any increase in NOx emissions from other sources as a result of the shutdown.

(f) Owners or operators must submit a report to the director by March thirty-first of each year demonstrating that the equivalent reduction requirement in paragraph (I)(1)(c) of rule 3745-110-03 of the Administrative Code has been achieved for the previous calendar year.

(2) Any emission averaging program approved by the director shall be submitted to and approved by the United States environmental protection agency as a revision of the Ohio state implementation plan. An emission averaging program shall not be federally enforceable until the United States environmental protection agency approves the program as part of the Ohio state implementation plan.

(J) RACT studies for stationary sources.

(1) For any affected source of NOx emissions at an affected facility that is not subject to the emissions limits specified in paragraphs (A) to (G) of this rule, or that is subject to the emissions limits specified in paragraphs (A) to (G) of this rule but the owner or operator claims that the applicable limit is technically infeasible and/or economically unreasonable (i.e. not cost-effective) to achieve, the owner or operator shall conduct a detailed engineering study to determine the technical and economic feasibility of reducing the NOx emissions and to define RACT for the source. The detailed engineering study shall be conducted by an engineering consulting firm or other person or persons experienced in the field of air pollution control, and it shall provide the following information:

(a) The complete facility name and address.

(b) The name, title, address and telephone number of the owner or operator's representative within the company who shall be the contact person for this facility regarding the engineering study and affected sources.

(c) The name, title, address and telephone number of the official who is responsible for approval of the engineering study.

(d) The standard industrial classification code number(s) which are applicable to the facility's operation.

(e) The following general information for each affected source:

(i) Ohio environmental protection agency application number(s);

(ii) Company identification;

(iii) Source description;

(iv) Month and year installed;

(v) Normal operating schedule (hours per day, days per week, and weeks per year);

(vi) Annual production rates for each of the three full calendar years preceding the effective date of this rule;

(vii) Average and maximum daily production rates for each of the three full calendar years preceding the effective date of this rule; and

(viii) The type of control equipment employed and the date installed.

(f) A plot plan which shows the general layout of the facility and the affected source(s).

(g) The following emissions data for each affected source:

(i) Average daily NOx emissions (pounds per day of operation) based upon the highest average daily production rate for each of the three full calendar years preceding the effective date of this rule or any other year that may be representative of the highest average daily emissions;

[Comment: The average daily production rate for a calendar year may be calculated in the following manner:

Average Daily Production Rate =

[total production duiing the calendar year]

____________________________________________

[numb er of days production occurred during the- calendar year]

Repeat the calculation for each of the three calendar years preceding the effective date of this rule. the highest value of these three years is the representative value used to calculate the average daily NOx emissions per year.]

(ii) Maximum daily NOx emissions (pounds per day of operation) based upon the highest maximum daily production rate for each of the three full calendar years preceding the effective date of this rule or any year that may be more representative of the highest maximum daily emissions;

(iii) Annual NOx emissions (tons per year) based upon the highest annual production rate for each of the three full calendar years preceding the effective date of this rule or any year period that may be more representative of the annual production rate;

(iv) Documentation of the efficiency of the existing control equipment; and

(v) Documentation of any emissions testing which has been performed.

(h) A detailed discussion of the technical feasibility of employing each of the following types of control measures for each affected source (or combination of sources):

(i) Low-NOx burners;

(ii) Close coupled or separated over-fire ports;

(iii) Flue gas recirculation;

(iv) Low NOx burners with external flue gas recirculation;

(v) Burners out of service;

(vi) Steam/water injection;

(vii) Dry low-NOx burners;

(viii) Ignition timing retard;

(ix) Separate circuit after-cooling;

(x) Fuel emulsification;

(xi) Selective noncatalytic reduction;

(xii) Nonselective catalytic reduction;

(xiii) Selective catalytic reduction using urea ammonia and methane as reducing agents;

(xiv) Incineration (for sources other than boilers);

(xv) Scrubbing (for sources other than boilers);

(xvi) Process modification;

(xvii) Fuel switching;

(xviii) Adjustment of air/fuel ratio (for internal combustion engines only);

(xix) Low excess air;

(xx) Mid-kiln firing;

(xxi) Mid-kiln air injection;

(xxii) Gaseous fuels reburn; and

(xxiii) Any other such RACT alternatives not listed in paragraph (J)(1)(h) of this rule that may be applicable to an affected source, or as are proposed by the owner or operator.

A detailed engineering discussion is not required for those control measures which are not applicable to a particular source.

(i) For each type of control measure that is determined to be technically feasible, an estimate of the control efficiency that can be achieved.

(j) For each control measure that is determined to be technically feasible, an estimate of the capital cost, annualized cost (including capital and operating costs), and the cost-effectiveness (annual dollars per ton of NOx removed annually).

(k) A comparison and discussion of the advantages and disadvantages of the control options that are determined to be technically feasible.

(l) A recommended definition of RACT for the source, including enforceable production limits, emissions limits, control efficiencies, and/or operating requirements.

(m) An expeditious schedule for implementing the recommended definition of RACT, including milestones for awarding contracts, initiating construction, completing construction, and performing emissions testing, if necessary, to demonstrate compliance with the approved definition of RACT.

(n) In the engineering study, all calculations of the NOx emissions, including all assumptions made, shall be documented clearly and in detail. In addition, the capital and operating costs and the cost-effectiveness estimates shall be calculated in a manner that is consistent with the Ohio environmental protection agency, division of air pollution control document entitled "Guidance for Estimating Capital and Annual Costs of Air Pollution Systems ," or the most recent edition of the "United States environmental protection agency air pollution control cost manual."

(2) Any definition of RACT and schedule of compliance for an affected source that are approved by the director shall be submitted to and approved by the United States environmental protection agency as a revision of the Ohio state implementation plan.

(3) For any source that is subject to an emissions limit(s) contained in paragraphs (A) to (G) of this rule, if the director approves a definition of RACT and a schedule of compliance for the source pursuant to paragraph (J) of this rule, the source shall no longer be subject to the emissions limit(s) contained in paragraphs (A) to (G) of this rule.

For any source that is subject to an emission limit(s) contained in paragraph (A) to (G) of this rule, if the director disapproves a definition of RACT and a schedule of compliance for the source pursuant to paragraph (J) of this rule, or if the RACT study determines the applicable NOx emission limit(s) contained in paragraphs (A) to (G) of this rule is technically feasible and economically reasonable (i.e., cost-effective) to achieve, or if the director disapproves of a variance application pursuant to paragraph (L) of this rule, the source remains subject to the emission limit(s) contained in paragraphs (A) to (G) of this rule and the applicable compliance deadline specified in paragraph (B) of rule 3745-110-04 of the Administrative Code.

(4) If, within the five years prior to December 22, 2007, the Ohio environmental protection agency has defined best available technology, pursuant to section 3704.01 of the Revised Code, for NOx emissions from a source which is subject to paragraph (J) of this rule, and the owner or operator is employing or has committed to employ the best available technology, the owner or operator may provide the following information to the director in satisfaction of the requirements of paragraph (J)(1) of this rule:

(a) All information required by paragraphs (J)(1)(a), (J)(1)(b), (J)(1)(d), (J)(1)(e) and (J)(1)(g) of this rule.

(b) Copies of the documents and technical information that support the existing best available technology determination.

(c) The name, title, address and telephone number of the official who is responsible for the information submitted in accordance with paragraph (J)(4) of this rule.

If upon review of this information, the director determines that the information does not or may not indicate that the definition of best available technology satisfies the requirements of this chapter, the director shall so notify the owner or operator, and the owner or operator shall conduct a full RACT engineering study in accordance with paragraph (J)(1) of this rule.

(K) The requirements of paragraphs (A) to (G) of this rule shall not apply to the following sources:

(1) Any industrial boiler having a maximum heat input of less than or equal to twenty mmBtu/hr.

(2) Any emergency standby boiler, stationary internal combustion engine, or stationary combustion turbine which operates less than five hundred hours during any consecutive twelve-month period. However, the owner or operator of the emergency standby engine, boiler, or turbine shall maintain for a period of not less than three years, in a bound log book, or other format acceptable to the director, a list of the dates and number of hours the emergency standby engine operated.

(3) Any stationary internal combustion engine having an energy output capacity of less than two thousand horsepower.

(4) Any stationary combustion turbine having an energy input capacity of less than twenty mmBtu/hr.

(5) Any start-up unit located at an electric generating facility.

(6) Any black start unit located at an electric generating facility.

(7) Any peaking unit.

(8) Any space heating unit.

(9) Any auxiliary boiler.

(10) Any CO boiler.

(11) Any research and development source.

(12) Any jet engine test cell.

(13) Any engine testing operation.

(14) Any air pollution control device.

(15) Any municipal waste combustor.

(16) Any source other than a boiler, gas turbine or internal combustion engine that has the potential to emit less than twenty-five tons per year of NOx.

(17) Any affected source issued a valid air operating permit by Ohio environmental protection agency that restricts such affected source to twenty-five tons per year or less of NOx emissions.

(18) Any boiler, stationary internal combustion engine, or stationary combustion turbine subject to the United States environmental protection agency clean air interstate rule contained in 70 FR 25162.

(19) Any boiler subject to paragraph (C)(1) of rule 3745-14-01 of the Administrative Code (NOx SIP call).

(20) Any affected source that is has been issued a permit-to-install that is subject to best available control technology or lowest achievable emission rate standards.

(21) Any affected source whose utilization in less than ten per cent of its capacity factor on an annual average basis over a three-year rolling period and less than twenty per cent of its capacity factor in any year of the three-year rolling period.

(L) Any affected facility that cannot comply with the applicable requirements set forth in this rule because of extraordinary reasons beyond the affected facility's reasonable control may apply in writing to the director for a variance. The variance application shall be prepared in accordance with the provisions specified in rule 3745-31-09 of the Administrative Code and shall only be granted provided the requirements of paragraph (C)(1)(b) of rule 3745-31-09 of the Administrative Code are met. No variance may be granted under this paragraph that does not provide for eventual compliance with this rule.

(M) On and after May 12, 2011, "Northeast Ohio Regional Sewer District - Southerly Wastewater Treatment Center" or any subsequent owner or operator of the "Northeast Ohio Regional Sewer District -Southerly Wastewater Treatment Center" facility located at 6000 Canal road, Cuyahoga Heights, Ohio shall comply with the following NOx emission limitations:

(1) Boiler B002, rated at sixty-nine mmBtu/hr, shall not exceed a NOx emission rate of 0.15 lb/mmBtu; and

(2) Boiler B003, rated at 92.99 mmBtu/hr, shall not exceed a NOx emission rate of 0.15 lb/mmBtu.

(N) On and after May 12, 2011, "ArcelorMittal Cleveland Inc." (13-18-00-1613) or any subsequent owner or operator of the "ArcelorMittal Cleveland Inc." facility located at 3060 Eggers avenue, Cleveland, Ohio shall comply with the following NOx emission limitations:

Emissions Unit

Description

NOx Emission Limitation

P049

Anneal - North

0.10 lb/mmBtu

P050

Anneal - South

0.10 lb/mmBtu

P071

Continuous Galvanizing Line

0.23 lb/mmBtu

P903

C5 Blast Furnace: Stoves

0.06 lb/mmBtu

P904

C6 Blast Furnace: Stoves

0.06 lb/mmBtu

P905 and P906

No. 1 BOF: Ladle Preheaters

0.10 lb/mmBtu

P925 and P926

No. 2 BOF: Ladle Preheaters

0.10 lb/mmBtu

P046

Slab-Pusher Reheat Furnace No. 1 rated at 602.6 mmBtu/hr

0.35 lb/mmBtu

P047

Slab-Pusher Reheat Furnace No. 2 rated at 602.6 mmBtu/hr

0.35 lb/mmBtu

P048

Slab-Pusher Reheat Furnace No. 3 rated at 602.6

0.35 lb/mmBtu

  

mmBtu/hr

  

(O) On and after May 12, 2011, "Republic Engineered Products" or any subsequent owner or operator of the "Republic Engineered Products" facility located at 1807 East 28th street, Lorain, Ohio shall comply with the following NOx emission limitations:

(1) Walking beam furnace P071, rated at two hundred six mmBtu/hr, shall not exceed a NOx emission rate of 0.15 lb/mmBtu; and

(2) Bloom reheat furnace P081, rated at 421.6 mmBtu/hr, shall not exceed a NOx emission rate of 0.132 lb/mmBtu.

(P) On and after May 12, 2011, "United States Steel Lorain Tubular Operations" or any subsequent owner or operator of the "United States Steel Lorain Tubular Operations" facility located at 2199 East 28th street, Lorain, Ohio shall comply with the following NOx emission limitations:

(1) Number 3 seamless mill Q and T tempering furnace P003, rated at one hundred twelve mmBtu/hr, shall not exceed 0.068 lb/mmBtu;

(2) Number 3 seamless mill number 2 reheat furnace P037, rated at 58.8 mmBtu/hr, shall not exceed 0.15 lb/mmBtu; and

(3) Number 4 seamless mill reheat furnace P040, rated at 50.9 mmBtu/hr, shall not exceed 0.15 lb/mmBtu.

(Q) On and after the effective date of this rule, "Charter Steel" or any subsequent owner or operator of the "Charter Steel" facility located at 4300 East 49th Street, Cuyahoga Heights, Ohio shall comply with the following NOx emission limitation:

Bar mill reheat furnace PO29, rated at 165.0 mmBtu/hr, shall not exceed 0.11 lb/mmBtu.

(R) On and after the effective date of this rule, "BASF Catalysts, LLC" or any subsequent owner or operator of the "BASF Catalysts, LLC" facility located at 120 Pine Street, Elyria, Ohio shall comply with the following NOx emission limitations:

(1) Calciners P009, P010, P080, P102, and P103 shall not exceed 1.86 lbs/hr ( 200.0 ppmvd) when operating the selective catalytic reduction (SCR) system; and

(2) Calciners P009, P010, P080, P102, and P103 shall not exceed 3.4 lbs/hr ( 250.0 ppmvd) when operating the caustic/chemical Tri-Mer scrubber.

(S) On and after the effective date of this rule, "Carmeuse Lime, Inc., Grand River Operation" or any subsequent owner or operator of the "Carmeuse Lime, Inc., Grand River Operation" facility located at 15 Williams street, Grand River, Ohio shall comply with the following NOx emission limitation:

Rotary lime kilns P001 and P002 (kilns #4 and #5), with a maximum process weight rate of 54.5 tons/hr of limestone per kiln, shall not exceed a NOx emission rate of 6.0 lbs/ton of lime produced.

(T) On and after the effective date of this rule, "Ross Incineration Services, Inc.," or any subsequent owner or operator of the "Ross Incineration Services, Inc.," facility located at 36790 Giles road, Grafton, Ohio shall comply with the following NOx emission limitation:

Hazardous waste incinerator N001, with a rated maximum capacity of 26, 057.0 lbs/hr of waste materials, shall not exceed 158.1 lbs/hour, based on a rolling twenty-four hour average.

(U) On and after the effective date of this rule, "Emerald Performance Materials, LLC" or any subsequent owner or operator of the "Emerald Performance Materials, LLC" facility located at 240 West Emerling avenue, Akron, Ohio shall comply with the following NOx emission limitation:

NOx emissions from the coal-fired boiler B008, rated at 115.0 mmBtu/hr, shall not exceed 0.67 lb/mmBtu.

[Comment: Boiler B008 is used both for steam production and as a control device for a process waste stream (containing nitrogen compounds) to achieve continuous compliance with the Polymers and Resins Maximum Achievable Control Technology (MACT) standard. The established NOx emission limitation of 0.67 lb/mmBtu, in lieu of the compliant NOx emission limitation of 0.30 lb/mmBtu for coal-fired boilers, will remain in effect as long as the boiler continues to serve as a control device for nitrogen containing compounds.]

Effective: 07/18/2013
R.C. 119.032 review dates: 05/02/2013 and 07/18/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 12/22/07, 5/12/11

3745-110-04 Compliance deadlines.

(A) Certification and permit application requirements.

(1) By not later than April 21, 2008, any owner or operator of a source subject to paragraphs (A) to (G) of rule 3745-110-03 of the Administrative Code and which is not subject to paragraph (A)(2) of this rule shall either:

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

(b) Submit an application for a permit-to-operate or an application for a modification to a permit-to-operate in accordance with either rule 3745-35-02 of the Administrative Code or Chapter 3745-77 of the Administrative Code. Such application shall include a compliance program which will bring the source into compliance with all the requirements of rule 3745-110-03 of the Administrative Code as expeditiously as practicable, but in no event later than the date specified in paragraph (B) of this rule.

(2) Any owner or operator of a source subject to paragraph (J) of rule 3745-110-03 of the Administrative Code shall submit a complete RACT study by not later than December 22, 2008.

(B) RACT compliance deadline.

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

(1) For facilities conducting a RACT study:

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

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

(2) For facilities not conducting a RACT study:

(a) By not later than December 22, 2009, if combustion modifications are required to demonstrate compliance with the applicable emission limitations; or

(b) By not later than December 22, 2010, if add-on controls are required to demonstrate compliance with the applicable emission limitations.

Effective: 07/18/2013
R.C. 119.032 review dates: 05/02/2013 and 07/18/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 12/22/2007

3745-110-05 Compliance methods.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-110-01 of the Administrative Code titled " Reference to materials."]

(A) Any owner or operator of a source which is subject to the requirements of rule 3745-110-03 of the Administrative Code shall demonstrate compliance with the applicable emissions limit(s) by performing emission tests in accordance with USEPA Method 7, 7a, 7c, 7d, or 7e, and any additional approved USEPA methods as applicable.

(B) Any continuous emissions monitoring system for NOx that is employed to ensure ongoing compliance with an applicable emission limitation shall meet the requirements of Performance Specification 2, 40 CFR Part 60, Appendix B and quality assurance procedures contained in 40 CFR Part 60, Appendix F or 40 CFR Part 75. .

(C) For the compliance demonstrations performed pursuant to paragraph (A) of this rule, the owner or operator shall obtain any additional test data (i.e., flow rates, oxygen concentrations, moisture contents, etc.), continuous diluent monitoring data (carbon dioxide or oxygen), or source fuel usage or horsepower data, concurrent with the required compliance demonstration in order to convert the emission test results or monitoring data to the units of the applicable limit. Compliance demonstrations shall be performed that are representative of the normal operating modes, including fuel types or fuel blends employed and shall exclude periods of startup, shutdown, malfunction, and low load operating conditions.

(D) For paragraphs (B), (C), and (D) of rule 3745-110-03 of the Administrative Code, compliance demonstrations shall be performed while the affected boiler is operating at or as close as possible to its maximum permitted operating capacity.

(E) For paragraph (E) of rule 3745-110-03 of the Administrative Code, compliance demonstrations shall be performed while the affected stationary combustion turbine is operating at or as close as possible to its maximum permitted operating capacity.

(F) For paragraph (F) of rule 3745-110-03 of the Administrative Code, compliance demonstrations shall be performed while the affected internal combustion engine is operating at or as close as practically possible to its maximum permitted operating capacity.

(G) For paragraph (G) of rule 3745-110-03 of the Administrative Code, compliance demonstrations shall be performed while the affected reheat furnace is operating at or as close as practically possible to its maximum permitted operating capacity.

Effective: 07/18/2013
R.C. 119.032 review dates: 05/02/2013 and 07/18/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704(E)
Prior Effective Dates: 12/22/2007