3745-15-01 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 the last paragraph of this rule titled "Incorporation by reference."]

As used in all air pollution rules, except as may be otherwise specifically provided.

(A) "Act" means Chapters 3704. and 3745. of the Revised Code.

(B) "Agency", "Ohio EPA", "OEPA" or "board", means the Ohio environmental protection agency or its director as the context or other law or rules may require.

(C) "Air pollutant" or "air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapor or odorous substances, or any combination thereof.

(D) "Air pollution" means the presence in the ambient air of one or more air pollutants or any combination thereof in sufficient quantity and of such characteristics and duration as is or threatens to be injurious to human health or welfare, plant or animal life, or property, or which interferes with the comfortable enjoyment of life or property.

(E) "Ambient air" means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts which surrounds human, plant, or animal life, or property.

(F) "Ambient air quality standards" means ambient air quality goals expressed numerically and intended to be attained and maintained in a stated time through the application of appropriate preventive or control measures.

(G) "ASME" means the "American Society of Mechanical Engineers".

(H) "ASTM" means the "American Society for Testing and Materials".

(I) "Area" means the state of Ohio.

(J) "Clean Air Act" or "CAA" means the federal Clean Air Act as amended November 15, 1990; 42 USC 7401 to 42 USC 7671q .

(K) "Control equipment" means any device or contrivance which prevents or reduces emissions.

(L) "Commenced" means that an owner or operator has undertaken a continuous program of construction or modification or has entered into a binding contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

(M) "Director" means the director of the Ohio environmental protection agency.

(N) "Effective date of these rules" means February 15, 1972, notwithstanding any amendment, rescission or renumbering of any of these rules.

(O) "Emission" means the act of releasing or discharging an air pollutant into the ambient air from any source.

(P) "Existing source" means any source the construction of which was commenced prior to February 15, 1972.

(Q) "Facility" means any building, structure, installation, operation, or combination thereof which contains one or more stationary source(s) of air contaminants.

(R) "Modification" means any physical change in, or change in the method of operation of, an existing source or a new source that increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted from the same location.

(S) "New source" means any source the construction or modification of which is commenced on or after February 15, 1972.

(T) "Non-methane hydrocarbon" means any chemical compound containing carbon but excluding: carbon monoxide, carbon dioxide, carbides, metallic carbonates, ammonium carbonate, and methane.

(U) "Owner or operator" means any person who owns, leases, controls, operates or supervises a facility, an emission source, or air pollution control equipment.

(V) "Person" means the state or any agency thereof, any political subdivision, or any agency thereof, public or private corporation, individual, partnership, or other entity.

(W) "Region" means an air quality control region as designated by the secretary of health, education and welfare, or by the administrator, United States environmental protection agency, or by the director.

(X) "Source" means any building, structure, facility, operation, installation, other physical facility, or real or personal property that emits or may emit any air pollutant.

(Y) "Source operation" means the last operation preceding emission which operation:

(1) Results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion fuel; and

(2) Is not an air pollution abatement operation.

(Z) "Stack" means any chimney, flue, conduit, or duct arranged to conduct emissions to the ambient air.

(AA) "Standard conditions" means a dry gas temperature of seventy degrees Fahrenheit ( 21.1 degrees centigrade) and a gas pressure of 14.7 pounds per square inch absolute (seven hundred sixty millimeters mercury).

(BB) Incorporation by reference. This chapter includes references to certain matter or materials. The text of the incorporated materials is not included in the regulations contained in this chapter. The materials are hereby made a part of the regulations in this chapter. For materials subject to change, only the specific version specified in the regulation are incorporated. Material is incorporated 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 incorporated unless and until this rule as been amended to specify the new dates.

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

(a) American society of mechanical engineers (ASME). Information and copies of ASTM documents may be obtained by writing to: "ASME International, P.O. Box 2300, Fairfield, NJ 07007-2300." ASME documents are also available for purchase at www.asme.org. ASME documents are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(b) American society for testing materials (ASTM). Information and copies of ASTM documents may be obtained by writing to: "ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19426- 2959." ASTM 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."

(c) 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.gpoaccess.gov/cfr/index.html. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(d) United States Code (USC). 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 United States Code is also available in electronic format at http://www4.law.cornell.edu/uscode/. The U.S.C compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Incorporated materials.

(a) 40 CFR Part 302; "Designation, reportable quantities, and notification;" as published in the July 1, 2006 Code of Federal Regulations.

(b) 40 CFR Part 355; "Emergency Planning and Notification;" as published in the July 1, 2006 Code of Federal Regulations.

(c) 42 USC 7401 to 42 USC 7671q ; "The Public Health and Welfare-Air Pollution Prevention and Control;" published January 19, 2004 in Supplement III of the 2000 Edition of the United States Code; as amended January 23, 2004, Pub. L. 108-199, sec, 425(a) and sec. 428(b), 118 Stat. 417-418.

(d) Section 112(b) of the Clean Air Act; contained in 42 USC 7412 ; "Hazardous air pollutants- List of pollutants;" published January 19, 2004 in Supplement III of the 2000 Edition of the United States Code.

Effective: 01/22/2009
R.C. 119.032 review dates: 11/30/2006 and 01/22/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(F)
Prior Effective Dates: 7/5/73, 1/25/80