(A) All compliance times and other deadlines set forth in paragraph (C) of this rule shall be measured from November 1, 1984.
(1) Certify in writing to the director that the source is in compliance with rule 3745-73-03 of the Administrative Code. The certification shall include: description of the equipment, the Ohio environmental protection agency permit application number (if assigned), all necessary data and calculations necessary to confirm the compliance status, and an application for a permit to operate the source in accordance with rule 3745-35-02 of the Administrative Code if the sources does not possess an effective permit.
(2) Submit an application for a permit-to-operate or an application for modification of a permit-to-operate in accordance with rule 3745-35-02 of the Administrative Code. The application shall include a compliance program and time schedule which will bring the source into compliance with all the requirements of this rule and rule 3745-73-03 of the Administrative Code as expeditiously as practicable but in no event later than the dates specified in paragraph (C) of this rule, and shall identify all reasonable interim control measures.
(C) Any owner or operator of an air contaminant source in violation of the limitations specified in rule 3745-73-03 of the Administrative Code shall comply with the requirements as expeditiously as practicable, but in no event later than the following dates :
(7) The director may extend the final compliance obligation for any facilities within an existing Kraft pulp mill, for a period not to exceed four years after the effective date of the "Ohio State Implementation Plan" for the control of total reduced sulfur emissions, upon a showing that because of the limited remaining useful life of such facilities, they will be replaced or modified in a manner which makes them subject to federal new source performance standards.
(D) The director may modify the requirements of rule 3745-73-03 of the Administrative Code as those requirements apply to a facility, upon a showing that compliance with a requirement within the prescribed time is technically infeasible, economically unreasonable, or impossible because of conditions beyond the control of the applicant. Any such determination by the director shall be based upon consideration of the remaining useful life of the facility and such other factors as the director deems appropriate.
Cite as Ohio Admin. Code 3745-73-02
Five Year Review (FYR) Dates: 06/02/2016 and 08/25/2021
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 11/1/84, 1/3/91, 3/30/06, 2/11/11