Chapter 3745-24 Nitrogen Oxide Emission Statements

3745-24-01 Definitions.

(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 Chapter 3745-24 of the Administrative Code:

(1) "Actual emissions" means the rate at which an air contaminant is actually emitted into the ambient air.

(2) "Oxides of nitrogen (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.

(3) "R&D sources" means research and development sources, as defined in division (O) of section 3704.01 of the Revised Code.

(4) "Submit" or "submitted" means to present, or to have presented, to the Ohio environmental protection agency a document that is required under this chapter, and to have that document received by the Ohio environmental protection agency (or postmarked) by midnight on the due date specified in this chapter. Date of the receipt of the document is demonstrated by the postmark date, if sent by United States postal service; the electronic signature date, if submitted through the Ohio environmental protection agency's electronic reporting system; the transmittal date, if submitted through facsimile; or the date of the signature of the Ohio environmental protection agency employee receiving the document, if hand delivered in person to the Ohio environmental protection agency. The hard copy form with original signature must be provided to the Ohio environmental protection agency after a facsimile is submitted.

(5) "Volatile organic compounds (VOC)" has the same definition as that contained in paragraph (B)(6) of rule 3745-21-01 of the Administrative Code.

R.C. 119.032 review dates: 11/22/2010 and 11/22/2015
Promulgated Under: 119.03
Statutory Authority: 3704.03(E) , 3704.03(I)
Rule Amplifies: 3704.03
Prior Effective Dates: 4/1/94, 12/16/05, 02/16/08

3745-24-02 Applicability.

(A) Except as provided in paragraph (B) of this rule, the requirements of this chapter shall apply to any facility that emits twenty-five tons or more of NOx and/or twenty-five tons or more of VOC during the calendar year and is located in a county designated as nonattainment for the National Ambient Air Quality Standards for ozone. (In determining whether or not a facility emits twenty-five tons or more of NOx or twenty-five tons or more of VOC, any source that is exempt under paragraph (C) of rule 3745-24-04 of the Administrative Code shall not be included in the emission estimate.)

(B) Any facility that is located in a county described in paragraph (A) of this rule shall be exempt from the requirements of this Chapter beginning January 1 of the year following the U.S. Environmental Protection Agency redesignation of the county to attainment with the National Ambient Air Quality Standard for Ozone.

(C) Any facility meeting the criteria in paragraph (A) of this rule that is permanently shut down shall file a final emission statement in accordance with rule 3745-24-03 and 3745-24-04 of the Administrative Code.

Replaces: 3745-24-02

R.C. 119.032 review dates: 11/22/2010 and 11/22/2015
Promulgated Under: 119.03
Statutory Authority: 3704.03
Rule Amplifies: 3704.03
Prior Effective Dates: 4/1/94, 7/31/97, 12/16/05

3745-24-03 Deadlines for the submission of the emission statements.

(A) The emission statements for calendar year 1992 shall be submitted no later than July 1, 1994. The emission statements for calendar years 1993 through 2004 shall be submitted by November fifteenth of the calendar year following the year covered by the emission statements. Beginning with reporting year 2005 and each reporting year thereafter, except as provided by paragraph (B) of this rule, emission statements must be submitted by April fifteenth of the calendar year following the year covered by the emission statements.

(B) Emission statements due during calendar year 2008 and required under paragraph (A) of this rule shall be submitted by June 6, 2008.

R.C. 119.032 review dates: 11/22/2010 and 11/22/2015
Promulgated Under: 119.03
Statutory Authority: 3704.03(E) , 3704.03(I)
Rule Amplifies: 3704.03
Prior Effective Dates: 4/1/94, 12/16/05, 2/16/08

3745-24-04 Emission statement requirements.

(A) Any owner or operator of any affected facility that meets the applicability requirements specified in rule 3745-24-02 of the Administrative Code shall submit emission statements in accordance with the deadlines specified in rule 3745-24-03 of the Administrative Code. If NOx or VOC is emitted from a facility at or above the reporting threshold, both pollutants must be included in the emissions statement even if one of the pollutants is emitted at a level below the reporting threshold.

(B) The emission statements shall be submitted to the Ohio EPA in a form and manner prescribed by the director and shall include at a minimum the following information:

(1) The certifying individual shall certify that the information contained in the statement is accurate to the best of their knowledge and that all estimates and judgements relating to such information have been made in good faith.

(2) Estimated actual emissions of NOx and VOC, in tons per year.

(3) Any supporting information required by the director to confirm compliance with paragraph(B) above.

(C) Exemptions:

(1) Emission statements shall not apply to any source that would be exempt pursuant to division (A) of section 3704.011 of the Revised Code based solely on NOx and VOC emissions regardless of whether the source meets the exceptions provided in divisions (A)(1) to (A)(5) of section 3704.011 of the Revised Code, or generates emissions of carbon monoxide, lead, particulates and/or sulfur dioxide in excess of ten pounds per day.

(2) R&D sources at a facility where the combined potential to emit for all of the R&D sources is less than five tons per year for NOx and less than five tons per year for VOC or where the owner or operator maintains records which demonstrate that the combined actual emissions for all of the R&D sources does not exceed five tons per year for NOx and five tons per year for VOC, are not required to complete the emission statement.

Replaces: 3745-24-04

R.C. 119.032 review dates: 11/22/2010 and 11/22/2015
Promulgated Under: 119.03
Statutory Authority: 3704.03
Rule Amplifies: 3704.03
Prior Effective Dates: 4/1/1994, 12/16/05