Workshop JJ. Permitting Back Up/Emergency Generators Surviving the EPA s New Rules and Regulatory Maze

Transcription

1 Workshop JJ Permitting Back Up/Emergency Generators Surviving the EPA s New Rules and Regulatory Maze Wednesday, February 20, p.m. to 3:15 p.m.

2 Biographical Information William J. Bruscino, P.E. Principal Consultant - Trinity Consultants 110 Polaris Parkway, Suite 200 Westerville, Ohio Phone: bbruscino@trinityconsultants.com Mr. Bruscino manages air quality permitting and compliance services for industries such as refining, chemical manufacturing upstream and midstream oil and gas, and general manufacturing. His experience includes Title V and PSD permitting in EPA Regions IV, V, and VI as well as compliance assessments and implementation projects. Mr. Bruscino has also assisted multiple facilities in establishing Title V and minor source air compliance programs including environmental management information system (EMIS) implementations. More specifically, he has audited and developed regulatory compliance programs for facilities operating a few emergency engines to corporate entities managing hundreds of engines. Mr. Bruscino currently manages Trinity s Columbus, Ohio office and is a member of the Air & Waste Management Association. He received a Bachelor s degree in chemical engineering from the University of Cincinnati and holds a Professional Engineering license in the State of Ohio. Andrew Hall Manager, Division of Air Pollution Control Ohio Environmental Protection Agency, Central Office Phone: Andrew.hall@epa.ohio.gov Andrew Hall became Manager of the Permitting Section of the Ohio EPA, Division of Air Pollution Control (DAPC) in January His current duties include overseeing the permit review staff in the DAPC Central Office as well as providing technical and permitrelated guidance to Ohio EPA field office permit writers. Andrew provides key technical guidance in the areas of compliance monitoring in Title V and Major NSR permits. From March 2000 to January 2006, he served as an Environmental Specialist III for the division crafting Ohio s first round of Title V permits for the Cleveland, Columbus and Cincinnati areas as well as leading the team responsible for the initial development of the combined permit-to-install and operate (PTIO) program for non-title V sources. The PTIO program was implemented on June 30, 2008 and since that time has continually improved permit processing timeliness in the division. From October 1998 to March 2000, he worked in the Ohio EPA s Central District Office DAPC as a permit writer and inspector. From March 1994 to October 1998, he worked as a permit reviewer in DAPC Central Office and assisted the regulated community by developing guidance and providing training on the Ohio EPA STARShip software. Andrew graduated in 1993 from the University of Cincinnati with a BS in Chemical Engineering and fuels his desire for clean air through his current athletic pursuits in the sport of Ironman triathlon (swim/bike/run) and regularly pedaling to work on two wheels.

3 MEC Workshop JJ Permitting Your Engines and Managing EPA s Rules Columbus, OH February 20, 2019 Mr. Andrew Hall - Ohio EPA Mr. William Bruscino - Trinity

4 In this presentation, we will. Identify Available Permitting Options Discuss Ohio-Specific Rules Future Changes Discuss Federally Applicable Rules

5 OAC Chapter 31 Permit Exemption Emergency generators 50 HP that burn gasoline, natural gas, distillate oil, or liquid petroleum gas and that, as applicable, comply with NSPS IIII/JJJJ and RICE MACT are exempt from permitting [OAC rule (B)(1)(oo)] Emergency engine definition includes emergency Demand Response (DR)

6 Permit-by-Rule PBR for Emergency Engines > 50 HP Limited to 500 hours per rolling, 12-month period Use for non-emergency DR prohibited Fire only gasoline, natural gas, distillate oil, or liquid petroleum gas and that, as applicable, comply with NSPS IIII/JJJJ and RICE MACT Maintain following records: Monthly records that contain rolling, 12-month summation of operating hours Records that show type of fuel used, and %S for distillate Records of the total time operated in emergency situations One-time notification using Ohio EPA Qualifying Criteria form for Emergency Generator / Pump / Compression is required to be submitted to local Ohio EPA office No fee, no expiration

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8 Permit-by-Rule Stats Emergency Electrical Generators / Pump / Compressor PBR Available since mid-2005 Can elect to have existing PTI revoked and go PBR instead PBR available at: Go to Active List of Permit-by-Rule 8,979 PBRs for this category

9 Permit-to-Install and Operate Engines >50 hp and can t qualify for PBR or de minimis exemptions Source with PTE <10 lbs/day of an air pollutant may qualify for a de minimis exemption per OAC (D) if records maintained to demonstrate that actual emissions do not exceed 10 lbs/day and other de minimis criteria are met PTIO application requires PFD, emission estimates, regulatory applicability, Best Available Technology (BAT) review, air dispersion modeling (if necessary), and appropriate application forms Agency review time: 1-3 months depending on complexity

10 Nitrogen Oxides (NOx) RACT Requirements OAC Chapter Applies to Existing stationary ICE located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summit County New stationary ICE located anywhere in Ohio. NOx limit for engines > 2,000 HP = 3.0 gm/bhp-hr Emergency engines are exempt

11 Impact of Federal Rule 100- Hour Vacatur Ohio EPA will update OAC rule (NN)(2) to be consistent with federal rules Chapter 31 Interested Party package in 2019 State definition of emergency engine still includes emergency DR despite federal vacatur Engines may be non-emergency in a federal context but would still be emergency engines in the State of Ohio Such engines remain eligible for PBR coverage

12 Case Study: Evaluation of Ohio EPA Requirements Emergency DR Participation? May participate as long as comply with PBR provisions This will change when Ohio EPA revises the state definition of emergency engine to exclude emergency DR Economic DR Participation? Must meet all criteria in OAC (NN)(2)(d)(i)- (v) which are functionally identical to 40 CFR (f)(4)(ii)(A)-(E), or Requires Permit-to-Install and Operate (PTIO) PTIO terms and conditions crafted on case-by-case basis

13 Federal Engine Regulations Brief Overview

14 Federal Regulations Our Focus 40 CFR Part 60 Subpart IIII, Standards of Performance for [New] Stationary Compression Ignition Internal Combustion Engines (CI ICE NSPS) 40 CFR Part 60 Subpart JJJJ, Standards of Performance for [New] Stationary Spark Ignition Internal Combustion Engines (SI ICE NSPS) 40 CFR Part 63 Subpart ZZZZ, National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE NESHAP) Also, Subpart A for each Part

15 Summary of Regulated Engine Pollutants NSPS JJJJ NSPS IIII RICE MACT VOC NO x CO NMHC/HC NO x CO PM Formaldehyde and CO (as surrogates for Total HAPs) Criteria Pollutants HAPs

16 40 CFR 89 - New and In-Use Nonroad CI Engines Tiers 1, 2, and 3 40 CFR New and In-Use Nonroad CI Engines Tier 4 40 CFR 90 Nonroad SI Engines < 19 kw 40 CFR 1048 New Nonroad SI Engines > 19 kw 40 CFR 1054 New Small Nonroad SI Engines 40 CFR 94 - Marine CI Engines Tier 2 40 CFR New and In-use Marine CI Engines Tiers 3 and 4 40 CFR 91 - Marine SI Engines 40 CFR 1045 Marine SI Engines Other Federal Regulations For more information, e.g., history, about Tier standards,

17 Nonroad and Marine Engines

18 Nonroad and Marine Engines Not subject to IIII, JJJJ, & ZZZZ Marine ICE an integral part of a marine vessel Nonroad (or Non-road ) engine means any ICE that is in or on a piece of equipment that is , 89.2, 90, 91, 94, 1039, 1042, 1045, 1048, 1054 self-propelled (may serve other purposes too); or propelled while performing its function; or portable or transportable Designed to be moved, e.g., on wheels or skids, etc. And actually is moved routinely Portability is moot if it remains [in service] at a location (building, structure, facility, or installation) for more than 12 months or for seasonal sources, for the entire season (3 months or more) for at least 2 years Mobile = Onroad + Nonroad + Marine

19 Temporary Exemption Two Big Caveats 1. Replacing one temporary engine with another to be used for the same purpose does not restart the 12-month clock The 12-month clock applies to the location and purpose, not a particular engine 2. An engine to be used temporarily in place of a stationary engine (e.g., while it is being overhauled) is considered a stationary engine The location and purpose is stationary even if it consists of more than one engine over time

20 NSPS IIII Standards of Performance for Stationary [New] Compression Ignition Internal Combustion Engines (Original proposal for CI ICE NSPS was in 1979; it was never finalized)

21 NSPS IIII Applicability Potentially applies to: If: All stationary compression-ignition engines Reciprocating, rotary, other (except turbines) Of any size (horsepower rating) Emergency & Non-Emergency Constructed (ORDERED) after 7/11/2005 and manufactured after 4/1/2006 Modified or reconstructed after 7/11/2005

22 NSPS IIII Emission Standards & 4205 Pollutants: NMHC/HC, NO X, NMHC+NO X, CO, PM The rule is modeled after the mobile (nonroad and marine) standards General engine categories: Per-cylinder displacement < 10 L 10 L per-cylinder displacement > 30 L Per-cylinder displacement 30 L Emergency Fire pump

23 NSPS IIII Emission Standards For displacement < 10 L/cylinder Meet nonroad Tier standards Tiers 1, 2, & 3 in Tier 4 in Specific requirements depend on use, model year, displacement, and power Emergency engines are exempt from the most stringent (Tier 4) standards Delayed schedule for fire pump engines & 4205

24 NSPS IIII Emission Standards For 10 L/cylinder Displacement < 30 L/cylinder Tier standards for marine engines Tier 2 in Part 94; Tiers 3 and 4 in Part 1042 Emergency engines are exempted from most stringent (i.e., Tier 4) standards For Displacement 30 L/cylinder Standards for large marine engines Achievable via the use of SCR & ESP & 4205

25 NSPS IIII Compliance Requirements Displacement < 30 L/cylinder Purchase certified engine and follow manufacturer instructions or Conduct initial testing (and subsequent testing if > 500 hp) and Develop and follow a maintenance plan If pre-2007 model year, additional options: Test of a similar engine or data from engine manufacturer or control vendor indicating compliance Displacement 30 L/cylinder Testing and control device monitoring

26 Engine Manufacturer Certifications Engine manufacturers must certify 2007 model year and later engines <30 L/cyl.

27 (f) Emergency Engines See discussion of definition and operational requirements in MACT ZZZZ section

28 NSPS JJJJ Standards of Performance for Stationary [New] Spark Ignition Internal Combustion Engines

29 NSPS JJJJ Applicability Potentially applies to: All stationary spark-ignition engines Reciprocating, rotary, other (except turbines) Of any size (horsepower rating) That fires any fuel Emergency & Non-Emergency Exemptions: Engines at test stands National security exemption (upon request)

30 , 4236 NSPS JJJJ Applicability Constructed (ORDERED) after 6/12/2006 and manufactured after Type / Size Manufactured Date 500 HP 7/1/2007 except LB 500 HP < 1350 LB 500 HP < /1/2008 < 500 hp 7/1/2008 Emergency > 25 hp 1/1/2009 If < 25 hp, no emergency / non emergency differentiation Owners/operators of ICE modified or reconstructed after 6/12/2006

31 , 4235, 4244(f) NSPS JJJJ Standards Emission standards for HC/NMHC, NO X, CO, and VOC (excluding CH 2 O) Depends on use, fuel, model year, and power All engines 25 hp All are certified by the manufacturer to standards in 90 or 1054 Engines > 25 hp Purchase voluntarily certified engine (standards in 1048 or Table 1) and follow manufacturer s instructions or Stack test and develop/follow a maintenance plan

32 NSPS JJJJ Requirements Non-Emergency and Emergency ICE Purchase a certified engine Follow mfr. Instructions or maintenance plan Upon loss of certification, initial performance test if 100 hp (within 1 year) and subsequent* performance tests if >500 HP Cannot comply via non-certified options Non-certified Engines Maintenance plan Initial performance test if 25 hp Within 60/180 days Subsequent* performance tests and initial notifications if >500 HP Required for: 25 hp; > 25 hp gasoline; > 25 hp RB LPG Required for: Modified and reconstructed engines * Every 8,760 hours or 3 years, whichever is first

33 (d) & 4237 Emergency Engines See discussion of definition and operational requirements in MACT ZZZZ section Certain (depending on power and build date) emergency SI ICE not meeting non-emergency emissions standards must have a non-resettable hour meter: HP 500 HP built on or after 7/1/ HP < 500 built on or after 1/1/2011 HP < 130 built on or after 7/1/2008 built = manufactured based on reading of preambles

34 NESHAP ZZZZ National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines a.k.a., the RICE MACT

35 RICE MACT Applicability Applies to all stationary reciprocating ICE Exemptions: Engines at test stands National security exemption (upon request) Existing, emergency engines at residential, commercial, and institutional area sources that do not operate and are not contractually obligated to be available for more than 15 hr/yr for emergency demand response or voltage or frequency deviations that do not supply power as part of a financial arrangement with another entity What if a headquarters commercial office building is co-located with a manufacturing plant? Informally EPA has said that engines providing backup power to the HQ building are exempt

36 (a) Existing v. New Sources Determination based on commence construction date (start of on-site construction, not ordered) What if an engine is relocated to a new facility? Relocation and/or a change in ownership of an existing RICE does not make it new

37 Potential RICE MACT Requirements Emission limits (CO and CH 2 O) Continuous & monthly monitoring (T and ΔP) Monitoring system evaluations Stack testing (emissions or catalyst activity) Reporting and notifications Management/work practices (maintenance) Hour meter Plans (testing, monitoring, maintenance) Recordkeeping

38 Overview of Requirements for Existing CI Engines Source Status Use category Rating Emission Limit(s) Control Device Monitor Initial Perform. Test Ongoing Perform. Test Initial Notif./ Comp Reports Work Practices/ Maint. Plan Hour Meter Major Non Emergency > 500 HP Non Emergency HP Non Emergency HP Non Emergency < 100 HP Emergency 500 HP Emergency > 500 HP No MACT Requirements Limited Use > 500 HP No MACT Requirements Area Limited Use 500 HP No Such Category Limited Use Provisions Only Apply to Existing RICE if > 500 HP Non Emergency > 500 HP Non Emergency HP Non Emergency < 300 HP Emergency Any Note: Sometimes it is better to NOT be an emergency engine (same scenario with SI engines too)

39 Overview of Requirements for New CI Engines Source Status Use category Rating Emission Limit(s) Control Device Monitor Initial Perform. Test Ongoing Perform. Test Initial Notif./ Comp Reports Hour Meter Non Emergency > 500 HP Major Non Emergency 500 HP Comply with NSPS Only Emergency > 500 HP IN only Emergency 500 HP Comply with NSPS Only Limited Use > 500 HP IN only NAbS Limited Use 500 HP Comply with NSPS Only Area ALL ALL Comply with NSPS Only

40 Overview of Requirements for Existing SI Engines Source Status Major Area Use category ICE Type Rating Emission Limit(s) Control Device Monitor / Engine Shutdown Initial Perform. Test / Cat. Activity Check Ongoing Perform. Test / Cat. Activity Check Initial Notif./ Comp Reports Non Emergency 4SRB > 500 HP Non Emergency 2SLB, 4SLB > 500 HP No MACT Requirements Work Practices/ Maint. Plan Non Emergency Landfill/Digester Gas > 500 HP No MACT Requirements Non Emergency 2SLB, 4SLB, 4SRB HP Non Emergency Landfill/Digester Gas HP Non Emergency 2SLB, 4SLB, 4SRB < 100 HP Non Emergency Landfill/Digester Gas < 100 HP Emergency Any 500 HP Emergency Any > 500 HP No MACT Requirements Limited Use Any > 500 HP No MACT Requirements Hour Meter Limited Use Any 500 HP No Such Category Limited Use Provisions Only Apply to Existing RICE if > 500 HP Non Emergency 4SLB, 4SRB > 500 HP Non Emergency 4SLB, 4SRB if <24 hrs/yr or remote > 500 HP Non Emergency 4SLB, 4SRB 500 HP Non Emergency 2SLB Any Non Emergency Landfill/Digester Any Emergency Any Any

41 Overview of Requirements for New SI Engines Source Status Use category ICE Type Rating Major Emission Limit(s) Control Device Monitor Initial Perform. Test / Cat. Activity Check Ongoing Perform. Test / Cat. Activity Check Initial Notif./ Comp Reports Non Emergency 4SRB > 500 HP Non Emergency 2SLB > 500 HP Non Emergency 4SLB > 500 HP Non Emergency 4SLB If manf d 1/1/08 Non Emergency 4SLB If manf d < 1/1/ HP No MACT Requirements Non Emergency 4SRB 500 HP Comply with NSPS Only HP Non Emergency 2SLB 500 HP Comply with NSPS Only Non Emergency 4SLB < 250 HP Comply with NSPS Only I.N. & Non Emergency Landfill/Digester Gas > 500 HP Fuel usage Non Emergency Landfill/Digester Gas 500 HP Comply with NSPS Only Emergency ALL > 500 HP I.N. only Emergency ALL 500 HP Comply with NSPS Only Emergency 4SLB If manf d 1/1/08 Hour Meter HP Limited Use ALL > 500 HP I.N. only NAbS Limited Use ALL 500 HP Comply with NSPS Only Area ALL ALL ALL Comply with NSPS Only

42 & 6640 Work Practice Standards Minimize startup and idling time (30 minutes) Startup means the time from initial start until applied load and engine and associated equipment (including catalyst) reaches steady state or normal operation How do you demonstrate compliance? Log startups, durations? Point to startup procedure?

43 Tables 1 4, (e) Maintenance As Work Practice Develop and follow maintenance plan Or manufacturer s emissions-related instructions Oil & filter changes on specified frequencies Generally, 4320 hrs for 2S; 1440 for 4S; 1000 hrs for CI, and 500 hrs for emergency RICE Optional oil analysis program Inspections of spark plugs, belts, and hoses on specified frequencies Generally, 4320 hrs for 2S; 1440 for 4S; 500 hrs for CI, and 500 or 1000 hrs for emergency RICE Maintenance documentation will be key

44 Engines with NO Requirements Technically, still affected sources At major sources, existing RICE > 500 hp: SI 2SLB SI 4SLB Emergency If it does not operate and is not contractually obligated to be available for more than 15 hr/yr for emergency demand response or voltage or frequency deviations Limited use (LU) Original floor was no control. Will be reconsidered in 8 years Landfill or digester gas (LG/DG) (>10% gross heat input annually) (b)(3)

45 (b)(1) & (2) Engines Subject To Limited Requirements At major sources, new and reconstructed RICE > 500 hp: Emergency If it does not operate and is not contractually obligated to be available for more than 15 hr/yr for emergency demand response or voltage or frequency deviations Initial notification only Limited use Initial notification only Landfill or digester gas Initial notification and daily fuel monitoring & reporting

46 Some Important Definitions Emergency RICE The RICE is operated to provide electrical power or mechanical work during an emergency situation Examples: Power generation during normal supply interruptions Pumping water for fire suppression or flood control Operational limitations in (f)

47 Emergency Use Requirements (f) No time limit on emergency operation 100 hrs/yr* of non-emergency operation for: Maintenance checks and readiness testing Emergency demand response (DR) For NERC-declared Energy Emergency Alert Level 2 periods During voltage or frequency deviations of 5% 50 hrs/yr* of the 100 hrs/yr* can be used for Any situation as long as there is no financial arrangement For existing area source emergency RICE, Local reliability under specific dispatch conditions Vacated on May 2, 2016 by D.C. Circuit Court. * Calendar year basis

48 Emergency Engine Records & Reporting Non-resettable hour meter Software (e.g., a PLC) is okay if tamper-proof / non-resettable (unofficial determination) BMP = Log of each operational period with categorization (emer. or non-emer.) and reason Reporting for emergency RICE > 100 HP if Operated or contractually obligated to be available > 15 hours per year in emergency demand response Operated for periods where there is deviation of voltage or frequency 5% Operated for local grid system reliability No longer applicable due to 5/2/2016 vacatur (h)

49 Questions? Bill Bruscino Trinity Columbus (614) Andrew Hall Ohio EPA Central Office (614)

50 Division of Air Pollution Control Permit-by-Rule Notification Form Emergency Generator/Pump/Compressor Submission of this form constitutes notice that the party identified in Section I of this form intends to be authorized to install/operate a source of air pollution according to the permit-by-rule provisions of OAC (A)(4)(b). By submitting this form, the applicant agrees to operate and maintain the facility and equipment in accordance with the applicable permit-by-rule provisions. An original signature is needed and forms transmitted by fax will not be accepted. Complete all information as indicated by the instructions. I. Applicant Information / Mailing Address Company (Applicant) Name: Mailing (Applicant) Address: City: State: Zip Code: Contact Person: Phone: Fax: II. Facility / Site Location Information Facility Name: Facility Address / Location: City: State: Zip Code Facility Contact: Phone: Fax: Ohio EPA Facility ID Number (10-digit) if known; see Instructions III. Reason for Submitting Notification: Initial request Equipment modification Ownership change Request for revocation of current permit - complete additional information below Permit to install (PTI) Number Emission Unit ID (4-digit) IV. Type of Unit for Emergency Use Electrical generator Water pump Air compressor Manufacturer s engine output rating: horsepower (HP) or Kilowatts Company identification or name of unit: V. Type of fuel burned (check all that apply) Natural gas Propane/LPG Gasoline Distillate oil (less than 0.5% wt. sulfur) I certify under penalty of law that all statements or assertions of fact made in this notification are true and complete, and shall subject the signatory to liability under state laws forbidding false or misleading statements. Applicant Name (Print): Title: Applicant Signature: Date: RETAIN A COPY OF THIS FORM FOR YOUR RECORDS Mail the original, signed form to the appropriate Air Permit Review Agency (District Office/Local Air Agency) for your county. (Please refer to the Agency map in the attached instructions for mailing addresses). Rev 12/10 For Ohio EPA Use Only: FAC ID: Date received

51 GENERAL INSTRUCTIONS: INSTRUCTIONS: Permit-by-Rule Supplemental Form Emergency Generator/Pump/Compressor Provide complete responses to all applicable questions. Submittal of an incomplete form will delay review and processing. If you need assistance, contact your Ohio EPA District Office or Local Air Agency for assistance. Contact the Ohio EPA, Division of Air Pollution Control at (614) for more information on contacting your local district office or go to and select the topic District Offices and Local Air Agencies. For more information on the permit-by-rule process, including online tracking of your notification form, go to This is a notification form for an emergency electrical generator, water pump, or air compressor powered by an internal combustion engine which is intended to be to installed and/or operated according the permit-by-rule provisions of OAC (A)(4)(b). This permit-by-rule provision is intended for emergency use equipment greater than 50 horsepower (37.3 Kilowatt) which does not operate more than 500 hours per rolling 12-month period. Please note the permit-by-rule does not apply to equipment employed regularly for intermittent, but not emergency, uses, e.g., electrical peak-shaving generators. An emergency generator/pump/compressor less than or equal to 50 horsepower which burns gasoline, natural gas, liquid petroleum gas, or distillate oil (with less than or equal to 0.5 per cent by weight sulfur) is exempt from permit-to-install requirements by OAC (A)(1)(nn). For copies of this regulation, contact your Ohio EPA District Office or Local Air Agency. State regulations may also be viewed and downloaded from the Ohio EPA website I. Check the appropriate box which describes the equipment. Specify the manufacturer, model number and the manufacturer s rated output in either horsepower (HP) or Kilowatts (Kw) as appropriate. Specify the company s identification number, name, or other designation, i.e., Generator #1, Pump Unit #3, etc., for the unit. II. Check the appropriate box or boxes which describe all types of fuels the unit is capable of burning. Check distillate oil if burning diesel fuel. For distillate oils or diesel fuel, it is recommended the fuel supplier be consulted to assure the fuel sulfur content does not exceed 0.5 per cent by weight. Signature Requirements This notification will be deemed incomplete if it is not signed by the appropriate signatory. Please see the following guidance at for more information on who is authorized to sign this form or contact your Ohio EPA District Office or Local Air Agency. Permit-by-Rule Requirements: Emergency Generator/Pump/Compressor Excerpts from applicable sections of Ohio Administrative Code (A)(4) are included with these Instructions for convenience. An owner or operator of an emergency electrical generator, firefighting water pump, or air compressor powered by an internal combustion engine which intends to install and/or operate according to the permit-by-rule provisions must comply with all applicable requirements specified in paragraphs (A)(4)(a) General Provisions, and (A)(4)(b) Emergency electrical generator, emergency water pumps, or emergency air compressors. (4) Permit-by-rule exemptions The following air contaminant sources are exempt from the requirement to obtain a permit to install or permit-to-install and operate (PTIO). These exemptions are valid only as long as the owner or operator complies with all of the permit-by-rule general provisions, meets the qualifying criteria defined in the applicable permit-by-rule and complies with all of the requirements under the applicable permit-by-rule specific provisions. Upon request by the director, the owner or operator of a facility that has exceeded the permit-by-rule thresholds or that the director finds is causing or may cause a public nuisance in violation of rule of the Administrative Code shall submit an application for a permit to install or PTIO. These exemptions do not, however, exempt any air contaminant source from requirements of the federal Clean Air Act, including being considered for purposes of determining whether a facility constitutes a major source or is otherwise regulated under Chapter of the Administrative Code or any requirement to list insignificant activities and emission levels in a Title V permit application. In addition, this rule does not relieve the owner or operator from the requirement of including the emissions associated with the exempt sources into any major new source review permitting action. (a) General provisions These general provisions apply to all owner or operators who are utilizing one or more of the permit-by-rule exemptions listed in paragraphs (A)(4)(b) through (A)(4)(l). (i) Recordkeeping requirements

52 The owner or operator shall collect and maintain the records described for each air contaminant source exempted under paragraph (A)(4) of this rule and these records shall be retained in the owner or operator's files for a period of not less than five years, unless otherwise specified in each exemption. These records shall be made available to the director or any authorized representative of the director for review during normal business hours. (ii) Notification requirements for new installations For the purposes of this paragraph, a new permit-by-rule air contaminant source is an air contaminant source installed after the promulgation date of any new applicable permit-by-rule or July 29, 2005, whichever comes later. The owner or operator of a new permit-by-rule air contaminant source electing to use an applicable permit-by-rule exemption shall submit a written notification in a form and manner prescribed by the director prior to installation of the air contaminant source. This notification, or form, shall be submitted to the appropriate Ohio environmental protection agency district office or local air agency, and shall contain the following information, at a minimum: (a) The owner or operator's and the facility contact's name; (b) The facility mailing address and telephone number; (c) The location of the air contaminant source(s); (d) A description of the air contaminant source, including any pollution control(s); and (e) A statement by the owner or operator that indicates which permit-by-rule applies to the air contaminant source. (iii) Notification requirements for existing permitted sources The owner or operator of an air contaminant source which is operating under an existing permit to install, PTIO and/or permit to operate may continue to operate in compliance with that permit or may submit a written request to the Ohio EPA to revoke any such individual permit or permits and to allow the air contaminant source to operate under the permit-by-rule provisions. The director may revoke a permit to install, PTIO and/or permit to operate if the permittee requests revocation, agrees to meet all permit-by-rule qualifying and operating conditions, and the director determines that the revocation will not result in the violation of any applicable laws. When a permittee requests a revocation pursuant to this paragraph, the director, without prior hearing, shall make a final determination on the request and inform the permittee in writing. If the director agrees with the request to operate under the permit-by-rule, then the permit-by-rule becomes applicable to the permittee on the date the existing permit to install, PTIO and/or permit to operate are revoked. (iv) Notification requirements for existing permit-by-rule sources The owner or operator of an air contaminant source that is operating under one of the permit-by-rules that existed prior to July 29, 2005 (emergency electrical generators, injection and compression molding, crushing and screening plants, soil-vapor extraction and soil-liquid extraction) and desires to continue operating under the permit-by-rule shall submit a written notification which contains all of the elements required in paragraph (A)(4)(a)(ii) of this rule. This notification shall be submitted to the appropriate Ohio environmental protection agency district office or local air agency and shall be submitted by July 29, (v) Records retention requirements Each record of any monitoring data, testing data, and support information required pursuant to a specific permit-by-rule shall be retained for a period of five years from the date the record was created. Support information shall include, but not be limited to, all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the specific permit-by-rule. Such records may be maintained in computerized form. (vi) Reporting requirements The owner or operator shall submit required reports in the following manner: (a) Reports of any monitoring and/or record keeping information required by a specific permit-by-rule shall be submitted to the appropriate Ohio environmental protection agency district office or local air agency. (b) Except as otherwise may be provided in a permit-by-rule specific reporting requirements paragraph of a specific permitby-rule, a written report of any deviations (excursions) from emission limitations, operational restrictions, qualifying criteria, and control equipment operating parameter limitations that have been detected by the testing, monitoring, and record keeping requirements specified in the permit-by-rule shall be submitted to the appropriate Ohio environmental protection agency district office or local air agency within thirty days of the date the deviation occurred. The report shall describe the specific limitation and/or operational restriction exceeded, the probable cause of such deviation, and any corrective actions or preventive measures that have been or will be taken.

53 (vii) Scheduled maintenance/malfunction reporting Any scheduled maintenance of air pollution control equipment shall be performed in accordance with paragraph (A) of rule of the Administrative Code. The malfunction of any emissions units or any associated air pollution control system(s) shall be reported to the appropriate Ohio environmental protection agency district office or local air agency in accordance with paragraph (B) of rule of the Administrative Code. Except as provided in that rule, any scheduled maintenance or malfunction necessitating the shutdown or bypassing of any air pollution control system(s) shall be accompanied by the shutdown of the emissions unit(s) that is served by such control system(s). (viii) Definitions. For the purposes of the permit-by-rule exemption in paragraph (A)(4)(b) of this rule, the following definitions apply. These definitions are in addition to terms defined for this chapter in rule of the Administrative Code: (a) "Emergency" means: (i) A public emergency caused by flooding, damaging winds or tornado, fire, or other natural disaster; or (ii) An electric power outage due to a failure of the electrical grid, local supply equipment failure, facility equipment failure; or (iii) Conditions where a regional transmission organization notifies electric distributors that an emergency exists or may occur and it is necessary to implement emergency procedures for voluntary load curtailments by customers within Ohio, in response to unusually low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels, or other emergency conditions leading to a potential electrical blackout; or (iv) Any situation that the director determines to be an immediate threat to human health, property, or the environment. (b) "Emergency electrical generator," "emergency water pump," or "emergency air compressor," means, respectively, an electrical generator, water pump, or air compressor powered by an emergency internal combustion engine. (c) "Emergency internal combustion engine" means a stationary reciprocating engine or stationary turbine engine, whose operation is limited to emergency situations and readiness testing and maintenance. An engine used for non emergency use (for instance to produce peaking power or used in a non emergency energy assistance program is not an emergency internal combustion engine under this definition. (b) Emergency electrical generators, emergency firefighting water pumps, or emergency air compressors powered by internal combustion engines greater than fifty horsepower (37.3 Kilowatts) where each engine operates at any one facility for no more than five hundred hours per rolling twelve-month period and where such engine burns gasoline, natural gas, distillate oil (with less than or equal to 0.5 per cent by weight sulfur), or liquid petroleum gas and that maintains the following records: (i) Monthly records that contain the rolling twelve-month hours of operation; and (ii) Records that show the type of fuel used and the sulfur content (in per cent by weight) of any distillate oil used.

54 Air Permit Review Agencies Division of Air Pollution Control Ohio EPA, Central Office (614) District Offices CDO 01 Environmental Protection Agency APC Manager Central District Office 50 West Town Street, Suite 700 Columbus, OH (614) FAX (614) SEDO APC Manager 06 Southeast District Office 2195 Front St. Logan, OH (740) FAX (740) Miami NEDO APC Manager 02 Northeast District Office 2110 E. Aurora Rd. Twinsburg, OH (330) FAX (330) NWDO APC Manager 03 Northwest District Office 347 North Dunbridge Rd. Bowling Green, OH (419) FAX (419) x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x SWDO APC Manager 05 Southwest District Office 401 E. Fifth St. Dayton, OH (937) FAX (937) This map shows jurisdictional boundaries. Shaded areas represent local agencies within Ohio EPA districts. 16 Administrator Akron Regional Air Quality Management District 146 South High St, Room 904 Akron, Ohio (330) FAX (330) Commissioner Cleveland Dept. of Public Health Division of Air Quality 75 Erieview Plaza, 2nd Floor Cleveland, Ohio (216) FAX (216) x x x x x x 07 Director Portsmouth Local Air Agency 605 Washington St., Third Floor Portsmouth, Ohio (740) FAX (740) Administrator Air Pollution Control Division Canton City Health Dept. 420 Market Ave. North Canton, Ohio (330) FAX (330) Administrator Regional Air Pollution Control Agency Public Health Dayton and Montgomery Cnty. 117 South Main St. Dayton, Ohio (937) FAX (937) Administrator City of Toledo Division of Environmental Services 348 South Erie Street Toledo, Ohio (419) FAX (419) Director Dept. of Environmental Services Air Quality Programs 250 William Howard Taft Road Cincinnati, Ohio (513) FAX (513) /10