Section 3745-110-04 - Compliance deadlines(A) Certification and permit application requirements. (1) Within one hundred twenty days of becoming subject to this chapter, 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 do one of the following: (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.(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 3745-31-02 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) Within one year of becoming subject to this chapter, 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 to the Ohio environmental protection agency.(3) Any source located in Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, or Warren county for which the director has established a site-specific definition of RACT in accordance with paragraph (J) of rule 3745-110-03 of the Administrative Code shall submit an updated RACT study to the Ohio environmental protection agency within one year of the effective date of this rule.(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 emissions limitations and control requirements as expeditiously as practicable, but in no event later than the following, and maintain compliance thereafter:
(1) For facilities conducting a RACT study in accordance with paragraph (A)(2) of this rule, or updating a RACT study in accordance with paragraph (A)(3) of this rule, one of the following: (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 emissions limitations.(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 emissions limitations.(2) For facilities not conducting a new or updated RACT study, one of the following: (a) By not later than two years of becoming subject to this chapter or becoming subject to an emissions limitation that was revised as of the effective date of this rule, if combustion modifications are required to demonstrate compliance with the applicable emissions limitations.(b) By not later than three years of becoming subject to this chapter or becoming subject to an emissions limitation that was revised as of the effective date of this rule, if add-on controls are required to demonstrate compliance with the applicable emissions limitations. [Comment: Several emissions limitations in this chapter were revised as of the effective date of this rule. Facilities that were subject to this chapter prior to the effective date of this rule are required to comply with the emissions limitations in the previously effective versions of this rule until such time as a new compliance deadline is applicable in accordance with paragraph (B) of this rule.]
Ohio Admin. Code 3745-110-04
Effective: 3/25/2022
Five Year Review (FYR) Dates: 6/18/2025
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 12/22/2007, 07/18/2013, 06/18/2020