(E) Adopt, modify, suspend, and rescind rules for the | 25 |
prevention, control, and abatement of air pollution, including | 26 |
rules prescribing for the state as a whole or for various areas
of | 27 |
the state emission standards for air contaminants, and other | 28 |
necessary rules for the purpose of achieving and maintaining | 29 |
compliance with ambient air quality standards in all areas within | 30 |
the state as expeditiously as practicable, but not later than any | 31 |
deadlines applicable under the federal Clean Air Act; rules for | 32 |
the prevention or control of the emission of hazardous or toxic | 33 |
air contaminants; rules prescribing fugitive dust limitations and | 34 |
standards that are related, on an areawide basis, to attainment | 35 |
and maintenance of ambient air quality standards; rules | 36 |
prescribing shade, density, or opacity limitations and standards | 37 |
for emissions, provided that with regard to air contaminant | 38 |
sources for which there are particulate matter emission standards | 39 |
in addition to a shade, density, or opacity rule, upon | 40 |
demonstration by such a source of compliance with those other | 41 |
standards, the shade, density, or opacity rule shall provide for | 42 |
establishment of a shade, density, or opacity limitation for that | 43 |
source that does not require the source to reduce emissions below | 44 |
the level specified by those other standards; rules for the | 45 |
prevention or control of odors and air pollution nuisances; rules | 46 |
that prevent significant deterioration of air quality to the | 47 |
extent required by the federal Clean Air Act; rules for the | 48 |
protection of visibility as required by the federal Clean Air
Act; | 49 |
and rules prescribing open burning limitations and
standards. In | 50 |
adopting, modifying, suspending, or rescinding any
such rules, the | 51 |
director, to the extent consistent with the
federal Clean Air Act, | 52 |
shall hear and give consideration to
evidence relating to all of | 53 |
the following: | 54 |
(2) Applications for installation
permits shall be | 80 |
accompanied by plans, specifications, construction schedules, and | 81 |
such other pertinent information and data, including data on | 82 |
ambient air quality impact and a demonstration of best available | 83 |
technology, as the director may require. Installation permits | 84 |
shall be issued for a period specified by the director and are | 85 |
transferable. The director shall specify in each permit the | 86 |
applicable emission standards and that the permit is conditioned | 87 |
upon payment of the applicable fees as required by section
3745.11 | 88 |
of the Revised Code and upon the right of histhe
director's | 89 |
authorized representatives to enter upon the premises of the | 90 |
person to whom
the permit has been issued, at any reasonable time | 91 |
and subject to
safety requirements of the person in control of the | 92 |
premises, for
the purpose of determining compliance with such | 93 |
standards, this
chapter, the rules adopted thereunder, and the | 94 |
conditions of any
permit, variance, or order issued thereunder. | 95 |
Each proposed new
or modified air contaminant source shall provide | 96 |
such notice of
its proposed installation or modification to other | 97 |
states as is
required under the federal Clean Air Act. | 98 |
Installation permits
shall include the authorization to operate | 99 |
sources installed and
operated in accordance with terms and | 100 |
conditions of the
installation permits for a period not to exceed | 101 |
one year from
commencement of operation, which authorization shall | 102 |
constitute
an operating permit under division (G) of this section | 103 |
and rules
adopted under it. | 104 |
(c) An air contaminant that presents, or may present, through | 125 |
inhalation or other routes of exposure, a threat of adverse human | 126 |
health effects, including, but not limited to, substances that are | 127 |
known to be, or may reasonably be anticipated to be, carcinogenic, | 128 |
mutagenic, teratogenic, or neurotoxic, that cause reproductive | 129 |
dysfunction, or that are acutely or chronically toxic, or a threat | 130 |
of adverse environmental effects whether through ambient | 131 |
concentrations, bioaccumulation, deposition, or otherwise, and | 132 |
that is identified in the rule by chemical name and chemical | 133 |
abstract service number. | 134 |
The director may modify the rule adopted under division | 135 |
(F)(3)(c) of this section for the purpose of adding or deleting | 136 |
air contaminants. For each air contaminant that is contained in or | 137 |
deleted from the rule adopted under division (F)(3)(c) of this | 138 |
section, the director shall include in a notice accompanying any | 139 |
proposed or final rule an explanation of the director's | 140 |
determination that the air contaminant meets the criteria | 141 |
established in that division and should be added to, or no longer | 142 |
meets the criteria and should be deleted from, the list of air | 143 |
contaminants. The explanation shall include an identification of | 144 |
the scientific evidence on which the director relied in making the | 145 |
determination. Until adoption of the rule under division (F)(3)(c) | 146 |
of this section, nothing shall affect the director's authority to | 147 |
issue, deny, modify, or revoke permits to install under this | 148 |
chapter and rules adopted under it. | 149 |
(4)(a) Applications for permits to install new or modified | 150 |
air contaminant sources shall contain sufficient information | 151 |
regarding air contaminants for which the director may require a | 152 |
permit to install to determine conformity with the environmental | 153 |
protection agency's document entitled "Review of New Sources of | 154 |
Air Toxics Emissions, Option A," dated May 1986, which the | 155 |
director shall use to evaluate toxic emissions from new or | 156 |
modified air contaminant sources. The director shall make copies | 157 |
of the document available to the public upon request at no cost | 158 |
and post the document on the environmental protection agency's web | 159 |
site. Any inconsistency between the document and division (F)(4) | 160 |
of this section shall be resolved in favor of division (F)(4) of | 161 |
this section. | 162 |
(b) The maximum acceptable ground level concentration of an | 163 |
air contaminant shall be calculated in accordance with the | 164 |
document entitled "Review of New Sources of Air Toxics Emissions, | 165 |
Option A." Modeling shall be conducted to determine the increase | 166 |
in the ground level concentration of an air contaminant beyond the | 167 |
facility's boundary caused by the emissions from a new or modified | 168 |
source that is the subject of an application for a permit to | 169 |
install. Modeling shall be based on the maximum hourly rate of | 170 |
emissions from the source using information including, but not | 171 |
limited to, any emission control devices or methods, operational | 172 |
restrictions, stack parameters, and emission dispersion devices or | 173 |
methods that may affect ground level concentrations, either | 174 |
individually or in combination. The director shall determine | 175 |
whether the activities for which a permit to install is sought | 176 |
will cause an increase in the ground level concentration of one or | 177 |
more relevant air contaminants beyond the facility's boundary by | 178 |
an amount in excess of the maximum acceptable ground level | 179 |
concentration. In making the determination as to whether the | 180 |
maximum acceptable ground level concentration will be exceeded, | 181 |
the director shall give consideration to the modeling conducted | 182 |
under division (F)(4)(b) of this section and other relevant | 183 |
information submitted by the applicant. | 184 |
(c) If the modeling conducted under division (F)(4)(b) of | 185 |
this section with respect to an application for a permit to | 186 |
install demonstrates that the maximum ground level concentration | 187 |
from a new or modified source will be greater than or equal to | 188 |
eighty per cent, but less than one hundred per cent of the maximum | 189 |
acceptable ground level concentration for an air contaminant, the | 190 |
director may establish terms and conditions in the permit to | 191 |
install for the air contaminant source that will require the owner | 192 |
or operator of the air contaminant source to maintain emissions of | 193 |
that air contaminant commensurate with the modeled level, which | 194 |
shall be expressed as allowable emissions per day. In order to | 195 |
calculate the allowable emissions per day, the director shall | 196 |
multiply the hourly emission rate modeled under division (F)(4)(b) | 197 |
of this section to determine the ground level concentration by the | 198 |
operating schedule that has been identified in the permit to | 199 |
install application. Terms and conditions imposed under division | 200 |
(F)(4)(c) of this section are not federally enforceable | 201 |
requirements and, if included in a Title V permit, shall be placed | 202 |
in the portion of the permit that is only enforceable by the | 203 |
state. | 204 |
(d) If the modeling conducted under division (F)(4)(b) of | 205 |
this section with respect to an application for a permit to | 206 |
install demonstrates that the maximum ground level concentration | 207 |
from a new or modified source will be less than eighty per cent of | 208 |
the maximum acceptable ground level concentration, the owner or | 209 |
operator of the source annually shall report to the director, on a | 210 |
form prescribed by the director, whether operations of the source | 211 |
are consistent with the information regarding the operations that | 212 |
was used to conduct the modeling with regard to the permit to | 213 |
install application. The annual report to the director shall be in | 214 |
lieu of an emission limit or other permit terms and conditions | 215 |
imposed pursuant to division (F)(4) of this section. The director | 216 |
may consider any significant departure from the operations of the | 217 |
source described in the permit to install application that results | 218 |
in greater emissions than the emissions rate modeled to determine | 219 |
the ground level concentration as a modification and require the | 220 |
owner or operator to submit a permit to install application for | 221 |
the increased emissions. The requirements established in division | 222 |
(F)(4)(d) of this section are not federally enforceable | 223 |
requirements and, if included in a Title V permit, shall be placed | 224 |
in the portion of the permit that is only enforceable by the | 225 |
state. | 226 |
(e) Division (F)(4) of this section and the document entitled | 227 |
"Review of New Sources of Air Toxics Emissions, Option A" shall | 228 |
not be included in the state implementation plan under section 110 | 229 |
of the federal Clean Air Act and do not apply to an air | 230 |
contaminant source that is subject to a maximum achievable control | 231 |
technology standard or residual risk standard under section 112 of | 232 |
the federal Clean Air Act, to a particular air contaminant | 233 |
identified under 40 C.F.R. 51.166, division (b)(23), for which the | 234 |
director has determined that the owner or operator of the source | 235 |
is required to install best available control technology for that | 236 |
particular air contaminant, or to a particular air contaminant for | 237 |
which the director has determined that the source is required to | 238 |
meet the lowest achievable emission rate, as defined in 40 C.F.R. | 239 |
part 51, Appendix S, for that particular air contaminant. | 240 |
(f)(i) Division (F)(4) of this section and the document | 241 |
entitled "Review of New Sources of Air Toxics Emissions, Option A" | 242 |
do not apply to parking lots, storage piles, storage tanks, | 243 |
transfer operations, grain silos, grain dryers, emergency | 244 |
generators, gasoline dispensing operations, air contaminant | 245 |
sources that emit air contaminants solely from the combustion of | 246 |
fossil fuels, or the emission of wood dust, sand, glass dust, coal | 247 |
dust, silica, and grain dust. | 248 |
(5) Not later than one year after the effective date of this | 264 |
amendment, the director shall adopt rules in accordance with | 265 |
Chapter 119. of the Revised Code specifying activities that do | 266 |
not, by themselves, constitute beginning actual construction | 267 |
activities related to the installation or modification of an air | 268 |
contaminant source for which a permit to install is required such | 269 |
as the grading and clearing of land, on-site storage of portable | 270 |
parts and equipment, and the construction of foundations or | 271 |
buildings that do not themselves emit air contaminants. The rules | 272 |
also shall allow specified initial activities that are part of the | 273 |
installation or modification of an air contaminant source, such as | 274 |
the installation of electrical and other utilities for the source, | 275 |
prior to issuance of a permit to install, provided that the owner | 276 |
or operator of the source has filed a complete application for a | 277 |
permit to install, the director or the director's designee has | 278 |
determined that the application is complete, and the owner or | 279 |
operator of the source has notified the director that this | 280 |
activity will be undertaken prior to the issuance of a permit to | 281 |
install. Any activity that is undertaken by the source under those | 282 |
rules shall be at the risk of the owner or operator. The rules | 283 |
shall not apply to activities that are precluded prior to permit | 284 |
issuance under section 111, section 112, Part C of Title I, and | 285 |
Part D of Title I of the federal Clean Air Act. | 286 |
(G) Adopt, modify, suspend, and rescind rules prohibiting
the | 287 |
operation or other use of any new, modified, or existing air | 288 |
contaminant source unless an operating permit has been obtained | 289 |
from the director or histhe director's authorized
representative, | 290 |
or the air
contaminant source is being operated in compliance with | 291 |
the
conditions of a variance issued pursuant to division (H) of | 292 |
this
section. Applications for operating permits shall be | 293 |
accompanied
by such plans, specifications, and other pertinent | 294 |
information as
the director may require. Operating permits may be | 295 |
issued for a
period determined by the director not to exceed five | 296 |
years, are
renewable, and are transferable. The director shall | 297 |
specify in
each operating permit that the permit is conditioned | 298 |
upon payment
of the applicable fees as required by section 3745.11 | 299 |
of the
Revised Code and upon the right of histhe director's | 300 |
authorized
representatives
to enter upon the premises of the | 301 |
person to whom the permit has
been issued, at any reasonable time | 302 |
and subject to safety
requirements of the person in control of the | 303 |
premises, for the
purpose of determining compliance with this | 304 |
chapter, the rules
adopted thereunder, and the conditions of any | 305 |
permit, variance,
or order issued thereunder. Operating permits | 306 |
may be denied or
revoked for failure to comply with this chapter | 307 |
or the rules
adopted thereunder. An operating permit shall be | 308 |
issued only
upon a showing satisfactory to the director or histhe | 309 |
director's representative that the air contaminant source is being | 310 |
operated in compliance
with applicable emission standards and | 311 |
other rules or upon
submission of a schedule of compliance | 312 |
satisfactory to the
director for a source that is not in | 313 |
compliance with all
applicable requirements at the time of permit | 314 |
issuance, provided
that the compliance schedule shall be | 315 |
consistent with and at
least as stringent as that contained in any | 316 |
judicial consent
decree or administrative order to which the air | 317 |
contaminant
source is subject. The rules shall provide for the | 318 |
issuance of
conditional operating permits for such reasonable | 319 |
periods as the
director may determine to allow the holder of an | 320 |
installation
permit, who has constructed, installed, located, or | 321 |
modified a
new air contaminant source in accordance with the | 322 |
provisions of
an installation permit, to make adjustments or | 323 |
modifications
necessary to enable the new air contaminant source | 324 |
to comply with
applicable emission standards and other rules. | 325 |
Terms and
conditions of operating permits issued pursuant to this | 326 |
division
shall be federally enforceable for the purpose of | 327 |
establishing
the potential to emit of a stationary source and | 328 |
shall be
expressly designated as federally enforceable. Any such | 329 |
federally enforceable restrictions on a source's potential to
emit | 330 |
shall include both an annual limit and a short-term limit of
not | 331 |
more than thirty days for each pollutant to be restricted
together | 332 |
with adequate methods for establishing compliance with
the | 333 |
restrictions. In other respects, operating permits issued
pursuant | 334 |
to this division are enforceable as state law only. No
application | 335 |
shall be denied or permit revoked or modified without
a written | 336 |
order stating the findings upon which denial,
revocation, or | 337 |
modification is based. A copy of the order shall
be sent to the | 338 |
applicant or permit holder by certified mail. | 339 |
Applications for variances shall be accompanied by such | 365 |
information as the director may require. In issuing variances,
the | 366 |
director may order the person to whom a variance is issued to | 367 |
furnish plans and specifications and such other information and | 368 |
data, including interim reports, as the director may require and | 369 |
to proceed to take such action within such time as the director | 370 |
may determine to be appropriate and reasonable to prevent, | 371 |
control, or abate histhe person's existing emissions of air | 372 |
contaminants.
The director shall specify in each variance that the | 373 |
variance is
conditioned upon payment of the applicable fees as | 374 |
required by
section 3745.11 of the Revised Code and upon the right | 375 |
of histhe
director's authorized representatives to enter upon the | 376 |
premises of the
person to whom the variance has been issued, at | 377 |
any reasonable
time and subject to safety requirements of the | 378 |
person in control
of the premises, for the purpose of determining | 379 |
compliance with
this chapter, the rules adopted thereunder, and | 380 |
the conditions of
any permit, variance, or order issued | 381 |
thereunder. | 382 |
The director may hold a public hearing on an application
for | 383 |
a variance or renewal thereof at a location in the county
where | 384 |
the variance is sought. The director shall give not less
than | 385 |
twenty days' notice of the hearing to the applicant by
certified | 386 |
mail and cause at least one publication of notice in a
newspaper | 387 |
with general circulation in the county where the
variance is | 388 |
sought. The director shall keep available for public
inspection at | 389 |
the principal office of the environmental
protection agency a | 390 |
current schedule of pending applications for
variances and a | 391 |
current schedule of pending variance hearings.
The director shall | 392 |
make a complete stenographic record of
testimony and other | 393 |
evidence submitted at the hearing. The
director shall make a | 394 |
written determination to issue, renew, or
deny the variance and | 395 |
shall enter histhe determination and the
basis
therefor into the | 396 |
record of the hearing. The director shall
issue, renew, or deny an | 397 |
application for a variance or renewal
thereof, or issue a proposed | 398 |
action upon the application pursuant
to section 3745.07 of the | 399 |
Revised Code, within six months of the
date upon which the | 400 |
director receives a complete application with
all pertinent | 401 |
information and data required by the director. | 402 |
Any variance granted pursuant to rules adopted under this | 403 |
division shall be for a period specified by the director, not to | 404 |
exceed three years, and may be renewed from time to time on such | 405 |
terms and for such periods, not to exceed three years each, as
the | 406 |
director determines to be appropriate. A variance may be
revoked, | 407 |
or renewal denied, for failure to comply with conditions
specified | 408 |
in the variance. No variance shall be issued, denied,
revoked, or | 409 |
modified without a written order stating the findings
upon which | 410 |
the issuance, denial, revocation, or modification is
based. A copy | 411 |
of the order shall be sent to the applicant or
variance holder by | 412 |
certified mail. | 413 |
(I) Require the person responsible for anyowner or operator | 414 |
of an air contaminant
source to install, employ, maintain, and | 415 |
operate such emissions,
ambient air quality, meteorological, or | 416 |
other monitoring devices
or methods as the director shall | 417 |
prescribe; to sample those
emissions at such locations, at such | 418 |
intervals, and in such
manner as the director prescribes; to | 419 |
maintain records and file
periodic reports with the director | 420 |
containing information as to
location, size, and height of | 421 |
emission outlets, rate, duration,
and composition of emissions, | 422 |
and any other pertinent information
the director prescribes; and | 423 |
to provide such written notice to
other states as the director | 424 |
shall prescribe. In requiring
monitoring devices, records, and | 425 |
reports, the director, to the
extent consistent with the federal | 426 |
Clean Air Act, shall give
consideration to technical feasibility | 427 |
and economic
reasonableness and allow reasonable time for | 428 |
compliance. For sources where a specific monitoring, | 429 |
record-keeping, or reporting requirement is specified for a | 430 |
particular air contaminant from a particular air contaminant | 431 |
source in an applicable regulation adopted by the United States | 432 |
environmental protection agency under the federal Clean Air Act or | 433 |
in an applicable rule adopted by the director, the director shall | 434 |
not impose an additional requirement in a permit that is a | 435 |
different monitoring, record-keeping, or reporting requirement | 436 |
other than the requirement specified in the applicable regulation | 437 |
or rule for that air contaminant except as otherwise agreed to by | 438 |
the owner or operator of the air contaminant source and the | 439 |
director. If two or more regulations or rules impose different | 440 |
monitoring, record-keeping, or reporting requirements for the same | 441 |
air contaminant from the same air contaminant source, the director | 442 |
may impose permit terms and conditions that consolidate or | 443 |
streamline the monitoring, record-keeping, or reporting | 444 |
requirements in a manner that conforms with each applicable | 445 |
requirement. To the extent consistent with the federal Clean Air | 446 |
Act and except as otherwise agreed to by the owner or operator of | 447 |
an air contaminant source and the director, the director shall not | 448 |
require an operating restriction that has the practical effect of | 449 |
increasing the stringency of an existing applicable emission | 450 |
limitation or standard. | 451 |
(L) Through any employee, agent, or authorized
representative | 460 |
of the director or the environmental protection
agency, enter upon | 461 |
private or public property, including
improvements thereon, at any | 462 |
reasonable time, to make
inspections, take samples, conduct tests, | 463 |
and examine records or
reports pertaining to any emission of air | 464 |
contaminants and any
monitoring equipment or methods and to | 465 |
determine if there are any
actual or potential emissions from such | 466 |
premises and, if so, to
determine the sources, amounts, contents, | 467 |
and extent of those
emissions, or to ascertain whether there is | 468 |
compliance with this
chapter, any orders issued or rules adopted | 469 |
thereunder, or any
other determination of the director. The | 470 |
director, at reasonable
times, may have access to and copy any | 471 |
such records. If entry or
inspection authorized by this division | 472 |
is refused, hindered, or
thwarted, the director or histhe | 473 |
director's authorized
representative may by
affidavit apply for, | 474 |
and any judge of a court of record may
issue, an appropriate | 475 |
inspection warrant necessary to achieve the
purposes of this | 476 |
chapter within the court's territorial
jurisdiction. | 477 |
(P) Delegate to any city or general health district or | 485 |
political subdivision of the state any of histhe director's | 486 |
enforcement and
monitoring powers and duties, other than | 487 |
rule-making powers, as
the director elects to delegate, and in | 488 |
addition employ,
compensate, and prescribe the powers and duties | 489 |
of such officers,
employees, and consultants as are necessary to | 490 |
enable the
director to exercise histhe authority and perform | 491 |
duties
imposed upon himthe director by law. Technical and other | 492 |
services shall be performed, insofar as practical, by personnel of | 493 |
the
environmental protection agency. | 494 |
(R) Issue, modify, or revoke orders requiring abatement of
or | 500 |
prohibiting emissions whichthat violate applicable emission | 501 |
standards or other requirements of this chapter and rules adopted | 502 |
thereunder, or requiring emission control devices or measures in | 503 |
order to comply with applicable emission standards or other | 504 |
requirements of this chapter and rules adopted thereunder. Any | 505 |
such order shall require compliance with applicable emission | 506 |
standards by a specified date and shall not conflict with any | 507 |
requirement of the federal Clean Air Act. In the making of such | 508 |
orders, the director, to the extent consistent with the federal | 509 |
Clean Air Act, shall give consideration to, and base histhe | 510 |
determination on, evidence relating to the technical feasibility | 511 |
and economic reasonableness of compliance with such orders and | 512 |
their relation to benefits to the people of the state to be | 513 |
derived from such compliance. If, under the federal Clean Air
Act, | 514 |
any such order shall provide for the posting of a bond or
surety | 515 |
to secure compliance with the order as a condition of
issuance of | 516 |
the order, the order shall so provide, but only to
the extent | 517 |
required by the federal Clean Air Act. | 518 |
(S) To the extent provided by the federal Clean Air Act, | 519 |
adopt, modify, and rescind rules providing for the administrative | 520 |
assessment and collection of monetary penalties, not in excess of | 521 |
those required pursuant to the federal Clean Air Act, for failure | 522 |
to comply with any emission limitation or standard, compliance | 523 |
schedule, or other requirement of any rule, order, permit, or | 524 |
variance issued or adopted under this chapter or required under | 525 |
the applicable implementation plan whether or not the source is | 526 |
subject to a federal or state consent decree. The director may | 527 |
require the submission of compliance schedules, calculations of | 528 |
penalties for noncompliance, and related information. Any
orders, | 529 |
payments, sanctions, or other requirements imposed
pursuant to | 530 |
rules adopted under this division shall be in
addition to any | 531 |
other permits, orders, payments, sanctions, or
other requirements | 532 |
established under this chapter and shall not
affect any civil or | 533 |
criminal enforcement proceedings brought
under any provision of | 534 |
this chapter or any other provision of
state or local law. This | 535 |
division does not apply to any
requirement of this chapter | 536 |
regarding the prevention or abatement
of odors. | 537 |
(T) Adopt procedures under which the director shall
consider | 538 |
best available technology for the pollutants regulated
by the new | 539 |
source performance standards established pursuant to
the federal | 540 |
Clean Air Act in order to establish emission limits
in | 541 |
installation permits issued pursuant to division (F) of this | 542 |
section. The emission limits shall be equivalent to those new | 543 |
source performance standards unless the standards are more than | 544 |
five years old or have not been reviewed by the United States | 545 |
environmental protection agency for more than five years. In | 546 |
determining what technology is best for a specific source | 547 |
application, the director may consider the extent to which a | 548 |
technology generates pollution or waste other than air emissions | 549 |
and shall approve the most cost effective among essentially | 550 |
similar efficient control technologies as demonstrated by the | 551 |
permit applicant to the satisfaction of the director. Any
facility | 552 |
that is subject to the federal prevention of significant | 553 |
deterioration regulations and major new source review shall
comply | 554 |
with those regulationsRequire new or modified air contaminant | 555 |
sources to install best available technology, but only in | 556 |
accordance with this division. With respect to permits issued | 557 |
pursuant to division (F) of this section beginning three years | 558 |
after the effective date of this amendment, best available | 559 |
technology for air contaminant sources and air contaminants | 560 |
emitted by those sources that are subject to standards adopted | 561 |
under section 112, Part C of Title I, and Part D of Title I of the | 562 |
federal Clean Air Act shall be equivalent to and no more stringent | 563 |
than those standards. For an air contaminant or precursor of an | 564 |
air contaminant for which a national ambient air quality standard | 565 |
has been adopted under the federal Clean Air Act, best available | 566 |
technology only shall be required to the extent required by rules | 567 |
adopted under Chapter 119. of the Revised Code for permit to | 568 |
install applications filed three or more years after the effective | 569 |
date of this amendment. | 570 |
Best available technology requirements shall not apply to an | 582 |
air contaminant source that has the potential to emit, taking into | 583 |
account air pollution controls installed on the source, less than | 584 |
ten tons per year of emissions of an air contaminant or precursor | 585 |
of an air contaminant for which a national ambient air quality | 586 |
standard has been adopted under the federal Clean Air Act. In | 587 |
addition, best available technology requirements established in | 588 |
rules adopted under this division shall not apply to any existing, | 589 |
new, or modified air contaminant source that is subject to a | 590 |
plant-wide applicability limit that has been approved by the | 591 |
director. Further, best available technology requirements | 592 |
established in rules adopted under this division shall not apply | 593 |
to general permits issued prior to January 1, 2006, under rules | 594 |
adopted under this chapter. | 595 |
Section 3. The General Assembly hereby finds and declares its | 629 |
intention that no part of this act shall be interpreted or applied | 630 |
to encourage, facilitate, allow, or otherwise result, directly or | 631 |
indirectly, in the establishment or reestablishment of a motor | 632 |
vehicle inspection and maintenance program in any part of this | 633 |
state in which a motor vehicle inspection and maintenance program | 634 |
is not operating on the effective date of this act. Further, the | 635 |
General Assembly hereby finds and declares its intention that no | 636 |
part of this act shall be interpreted or applied to encourage, | 637 |
facilitate, allow, or otherwise result, directly or indirectly, in | 638 |
the extension of the motor vehicle inspection and maintenance | 639 |
program in any part of this state in which it is operating on the | 640 |
effective date of this act beyond December 31, 2007, as required | 641 |
by section 3704.14 of the Revised Code. The General Assembly | 642 |
further directs the Director of Environmental Protection to take | 643 |
all necessary actions to ensure that, in implementing the | 644 |
provisions of this act, the Director does nothing to bring about | 645 |
the institution, reinstitution, or extension of the motor vehicle | 646 |
inspection and maintenance program, as applicable, in any part of | 647 |
the state. | 648 |