Ohio § 3704.01

§ 3704.01.

As used in this chapter: (A) “ Administrator ” means the administrator of the United States environmental protection agency or

the chief executive of any successor federal agency responsible for implementation

of the federal Clean Air Act. (B) “ Air contaminant ” means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor, or

odorous substances, or any combination thereof, but does not mean emissions from agricultural

production activities, as defined in section 929.01 of the Revised Code , that are consistent with generally accepted agricultural practices, were established

prior to adjacent nonagricultural activities, have no substantial, adverse effect

on the public health, safety, or welfare, do not result from the negligent or other

improper operations of any such agricultural activities, and would not be required

to obtain a Title V permit.  For the purposes of this chapter, agricultural production activities do not include

the installation and operation of off-farm facilities for the storage or processing

of agricultural products, including, but not limited to, alfalfa dehydrating facilities,

rendering plants, and feed and grain mills, elevators, and terminals. (C) “ Air contaminant source ” means each separate operation or activity that results or may result in the emission

of any air contaminant. (D) “ Air pollution ” means the presence in the ambient air of one or more air contaminants or any combination

thereof in sufficient quantity and of such characteristics and duration as is or threatens

to be injurious to human health or welfare, plant or animal life, or property, or

as unreasonably interferes with the comfortable enjoyment of life or property. (E) “ Ambient air ” means that portion of the atmosphere outside of buildings and other enclosures,

stacks, or ducts that surrounds human, plant, or animal life or property. (F) “ Best available technology ” means any combination of work practices, raw material specifications, throughput

limitations, source design characteristics, an evaluation of the annualized cost per

ton of pollutant removed, and air pollution control devices that have been previously

demonstrated to the director of environmental protection to operate satisfactorily

in this state or other states with similar air quality on substantially similar air

pollution sources. (G) “ Change within a permitted facility ” means, within the context of the Title V permit program established under section 3704.036 of the Revised Code , a change that is limited by a federally enforceable provision of an applicable Title

V permit and that does not include physical, production, or other changes that are

neither addressed nor limited by the federally enforceable portion of a Title V permit

unless the change would result in a violation of a federally enforceable requirement

or a modification under Title I of the federal Clean Air Act or would be subject to

any requirements under Title IV of that act. (H) “ Community air monitoring ” means any measurement or quantification of ambient air concentrations of an air

contaminant, including both one-time monitoring events and multi-sampling events.  “ Community air monitoring ” does not include any of the following: (1) Monitoring conducted using monitoring devices identified in the most recent approved

version of the United States environmental protection agency's document entitled “List

of Designated Reference and Equivalent Methods”; (2) Monitoring conducted using monitoring devices identified in the most recent approved

version of the United State environmental protection agency's document entitled “Air

Monitoring Network Plan” that are installed and operated in accordance with 40 C.F.R. 58 by the environmental protection agency or by a local air pollution control authority

under the terms of a delegation agreement entered into under section 3704.111 of the Revised Code ; (3) Any measurement or quantification of ambient air concentrations of an air contaminant

that is specifically identified or described in and either required or allowed to

be used for the particular air contaminant source or source category for which it

is being used under any of the following: (a) The federal Clean Air Act; (b) Any implementation plan promulgated or approved before the effective date of this

amendment; (c) Any permit, variance, or order issued before the effective date of this amendment

or any renewal thereof after the effective date of this amendment; (d) Any other permit, variance, or order issued on or after the effective date of this

amendment, if the use of the measurement system, testing equipment, tool, or process

was proposed, requested, or voluntarily accepted by the air contaminant source or

sources subject to that permit, variance, or order. (4) Any monitoring system installed and used by the environmental protection agency or

by a local air pollution control authority under the terms of a delegation agreement

entered into under section 3704.111 of the Revised Code , including, but not limited to, all of the following: (a) A monitoring system used to measure polyfluoroalkyl substances (PFAS) in ambient

air or precipitation, using a technique approved for that purpose by the United States

environmental protection agency; (b) A monitoring system used to measure contaminants identified by the American conference

of governmental industrial hygienists using methodologies consistent with the procedures

identified under method guidelines 1 and 2 of the United States occupational safety

and health administration; (c) A monitoring system used to investigate and respond to any accidents, spills, or

releases under the authority of any emergency response program developed and implemented

under Chapter 3750. of the Revised Code or Chapter 3745-104 of the Administrative Code ; (d) A monitoring system used to investigate any release that exceeds the reporting quantities

under 40 C.F.R. 302 ; (e) A monitoring system used to measure any of the compounds identified under section

112(b) of the federal Clean Air Act or Chapter 3745-114 of the Administrative Code ; (f) A monitoring system used under the national atmospheric deposition program; (g) A monitoring system used to measure contaminants consistent with the “National Emission

Standards for Hazardous Air Pollutants from Petroleum Refineries,” 40 C.F.R. 63, Subpart CC . (I) “ Emit ” or “ emission ” means the release into the ambient air of an air contaminant. (J) “ Emission limitation ” and “ emission standard ” mean a requirement that limits the quantity, rate, or concentration of emissions

of air contaminants, including any requirement relating to the operation or maintenance

of an air contaminant source. (K) “ Facility ,” for the purposes of the Title V permit program established under section 3704.036 of the Revised Code , means all of the emitting activities that are located on contiguous or adjacent

properties that are under the control of the same person or persons or are under common

control and that are in the same major group as described in the standard Industrial

Classification Manual, 1987. (L) “ Federal Clean Air Act ” means “Air Quality Act of 1967,” 81 Stat. 485, 42 U.S.C. 1857 , as amended by “Clean Air Act Amendments of 1970,” 84 Stat. 1676, 42 U.S.C. 1857 , “Act of November 18, 1971,” 85 Stat. 464, 42 U.S.C. 1857 , “Act of April 9, 1973,” 87 Stat. 11, 42 U.S.C. 1857 , “Act of June 24, 1974,” 88 Stat. 248, 42 U.S.C. 1857 , “Clean Air Act Amendments of 1977,” 91 Stat. 685, 42 U.S.C. 7401 , “Safe Drinking Water Act Amendments of 1977,” 91 Stat. 1393, 42 U.S.C. 7401 , “Clean Air Act Amendments of 1990,” 104 Stat. 2399, 42 U.S.C.A. 7401 , and any other amendments that have been or may hereafter be adopted, or any supplements

to those acts and laws of the United States that have been or may hereafter be enacted

in substitution therefor, together with any regulations that have been or may hereafter

be adopted by the administrator by virtue of and in accordance with those acts and

laws.  Reference to a particular title or section of the federal Clean Air Act includes

any amendments that have been or may hereafter be enacted in substitution therefor

and any regulations pertaining to the title or section that have been or may hereafter

be adopted by the administrator by virtue of and in accordance with the federal Clean

Air Act. (M) “ Hazardous air pollutant ” means any pollutant listed under section 112(b) of the federal Clean Air Act. (N) “ Implementation plan ” means a program for the prevention and abatement of air pollution in the state that

has been promulgated or approved by the administrator pursuant to the federal Clean

Air Act. (O) “ Local air pollution control authority ” includes all of the following unless terminated by the political subdivisions represented

thereby: (1) All of the following agencies representing the following political subdivisions,

as those agencies existed on July 1, 1993: (a) The Akron regional air quality management district representing Medina, Summit, and

Portage counties; (b) The Canton city health department representing Stark county; (c) The Hamilton county department of environmental services, southwest Ohio air quality

agency representing Butler, Warren, Hamilton, and Clermont counties; (d) The city of Cleveland division of the environment representing Cuyahoga county; (e) The regional air pollution control agency representing Darke, Preble, Miami, Montgomery,

Clark, and Greene counties; (f) The Lake county general health district representing Lake and Geauga counties; (g) The Portsmouth city health department representing Brown, Adams, Scioto, and Lawrence

counties; (h) The city of Toledo division of pollution control representing Lucas county and the

city of Rossford in Wood county. (2) Any successor to an existing local air pollution control authority listed in division

(O)(1) of this section that results from a change in the political subdivisions comprising

the local air pollution control authority through the withdrawal of a political subdivision

from membership in the local air pollution control authority or the inclusion of an

additional political subdivision in the membership of the local air pollution control

authority; (3) Any new local air pollution control authority established on or after July 1, 1993,

by one or more political subdivisions of this state for the purposes of exercising

the powers reserved to political subdivisions of this state under division (A) of section 3704.11 of the Revised Code . (P) “ Person ” means the federal government or any agency thereof, the state or any agency thereof,

any political subdivision or any agency thereof, or any public or private corporation,

individual, partnership, or other entity. (Q) “ Research and development sources ” means sources whose activities are conducted for nonprofit scientific or educational

purposes;  sources whose activities are conducted to test more efficient production

processes or methods for preventing or reducing adverse environmental impacts, provided

that the activities do not include the production of an intermediate or final product

for sale or exchange for commercial profit, except in a de minimis manner;  a research

or laboratory source the primary purpose of which is to conduct research and development

into new processes and products, that is operated under the close supervision of technically

trained personnel, and that is not engaged in the manufacture of products for sale

or exchange for commercial profit, except in a de minimis manner;  the temporary use

of normal production sources in a research and development mode to test the technical

or commercial viability of alternative raw materials or production processes, provided

that the use does not include the production of an intermediate or final product for

sale or exchange for commercial profit, except in a de minimis manner;  the experimental

firing of any fuel or combination of fuels in a boiler, heater, furnace, or dryer

for the purpose of conducting research and development of more efficient combustion

or more effective prevention or control of air pollutant emissions, provided that,

during those periods of research and development, the heat generated is not used for

normal production purposes or for producing a product for sale or exchange for commercial

profit, except in a de minimis manner;  and such other similar sources as the director

may prescribe by rule. (R) “ Responsible official ” means one of the following, as applicable: (1) For a corporation:  a president, secretary, treasurer, or vice-president of the corporation

in charge of a principal business function, any other person who performs similar

policy or decision-making functions for the corporation, or a duly authorized representative

of any such person if the representative is responsible for the overall operation

of one or more manufacturing, production, or operating facilities applying for or

subject to a Title V permit and if one of the following applies: (a) The facilities employ more than two hundred fifty individuals or have gross annual

sales or expenditures exceeding twenty-five million dollars, in second quarter 1980

dollars; (b) The delegation of authority to the representative is approved in advance by the director. (2) For a partnership or sole proprietorship:  a general partner or the proprietor, respectively. (3) For the federal government or any agency thereof, the state or any agency thereof,

a political subdivision or any agency thereof, or any other public agency, either

a principal executive officer or authorized elected official.  For the purposes of this division, a principal executive officer of a federal agency

includes the chief executive officer having responsibility for the overall operation

of a principal geographic unit of the agency. (4) For affected sources, both of the following: (a) The designated representative insofar as actions, standards, requirements, or prohibitions

under Title IV of the federal Clean Air Act or regulations adopted under it are concerned; (b) The designated representative for any other purposes under 40 C.F.R. part 70 . (S) “ Small business stationary source ” means any building, structure, facility, or installation that emits any federally

regulated air pollutant and is owned or operated by a person who employs one hundred

or fewer individuals;  is a small business concern as defined in the “Small Business

Act,” 72 Stat. 384 (1958), 15 U.S.C.A. 632 , as amended;  is not a major stationary source as defined in section 302(j) of the

federal Clean Air Act;  does not emit fifty tons or more per year of any federally

regulated air pollutant or any hazardous air pollutant;  and emits less than seventy-five

tons per year of all federally regulated air pollutants. (T) “ Title V permit ” means an operating permit required to be issued by the state under section 502 of

the federal Clean Air Act and issued under section 3704.036 of the Revised Code and rules adopted under it. (U) For the purposes of the Title V permit program established under this chapter and

rules adopted under it, all terms defined in 40 C.F.R. part 70 have the same meaning as in that part.