Minor permits for greenhouse gas (GHG) emitting facilities

Greenhouse gas (GHG) emissions shall not be included in a minor facility permit nor cause a facility to be subject to minor facility permitting requirements contained in OAC 252:100-7, unless 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 7 October 15, 2024 the owner or operator of that facility requests that GHG emission limits and/or physical or operational limitations be included in a minor permit for the facility to set enforceable limits to keep potential GHG emission levels below the applicability threshold levels for the PSD construction permit program and/or the Part 70 operating permit program. Physical or operational limitations may include, but are not limited to, air pollution control equipment, restrictions on hours of operation, and/or restrictions on the type or amount of material combusted, stored, or processed. (a) Greenhouse gas (GHG) emissions, as an aggregate, or as individual pollutants (e.g., methane), are not required to be included in a minor facility permit unless one or more of the following apply: (1) The facility is subject to a GHG emission limit under a New Source Performance Standard (40 CFR Part 60) or National Emissions Standard for Hazardous Air Pollutants (40 CFR Parts 61 and 63); or (2) The facility is subject to a GHG emission limit that is based on a federal Emission Guideline (EG) promulgated by EPA (in 40 CFR Part 60) pursuant to Section 111(d) of the Federal CAA; or (3) The owner or operator requests that a minor facility’s permit include GHG emission limits and/or physical or operational limitations obtained for the purposes of reducing potential GHG emissions. (b) GHG emissions, as an aggregate, and as individual pollutants (e.g., methane), are not required to be included in a facility’s annual emissions inventory (OAC 252:100-5.2.1). (c) GHG emissions, as an aggregate, and as individual pollutants (e.g., methane), are excluded from the definition of “regulated air pollutants (for fee calculation)” in OAC 252:100-5-1.1, and are, therefore, not subject to the annual operating fees under OAC 252:100-5-2.2. (d) Regardless of any limits on methane included in a minor source permit or inclusion of any reporting requirements or other provisions in the permit that may affect methane or GHG emissions, neither methane nor GHG (as an aggregate) will be considered to be regulated air pollutants for the purposes of the following: (1) The determination whether the owner or operator of a facility registered under a permit by rule in Subchapter 7, Part 9, is required to submit an emissions inventory on a three-year or six-year cycle in accordance OAC 252:100-5-2.1(a)(2). (2) The determination whether a construction permit is required for a modification of an existing facility to add or physically modify a piece of equipment or a process that results in a permitted emissions increase of any one regulated air pollutant by more than 5 TPY (OAC 252:100-7-15(a)(2)(B)(ii)). (3) The determination whether a facility has actual emissions of 5 TPY or less of each regulated air pollutant to determine whether a facility is a “de minimis facility” as defined in OAC 252:100-7-1.1. (4) The determination whether a facility has actual emissions in every calendar year of 40 TPY or less of each regulated air pollutant to determine whether a facility is a “permit exempt facility” as defined in OAC 252:100-7-1.1. (5) The determination whether a facility is eligible for a permit by rule, in accordance with OAC 252:100-7-15(b)(1)(A), because it has actual emissions of 40 TPY or less of any regulated air pollutant (except for HAPs). (6) The determination whether a facility is eligible for a general permit, in accordance with OAC 252:100-7-15(b)(2)(A), because it has actual emissions of less than 100 TPY of any regulated air pollutant (except for HAPs). 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 8 October 15, 2024 (7) The determination whether a facility is eligible for a permit by rule for oil and natural gas sector facilities, in accordance with OAC 252:100-7-60.5, because it has actual emissions of 40 TPY or less of any regulated air pollutant (except for HAPs). (8) The determination whether a facility is eligible for a permit by rule for emergency engine facilities, in accordance with OAC 252:100-7-60.6, because it has actual emissions of 40 TPY or less of any regulated air pollutant (except for HAPs). (9) The determination whether a facility is eligible for a permit by rule for gasoline dispensing facilities and gasoline dispensing facilities with emergency engines, in accordance with OAC 252:100-7-60.7, because it has actual emissions of 40 TPY or less of any regulated air pollutant (except for HAPs). (10) The determination whether a facility is a "major source" as defined in OAC 252:100- 8-2. (11) The determination whether a facility is a "major stationary source" as defined in OAC 252:100-8-31 for facilities in attainment areas or in OAC 252:100-8-51 for facilities in nonattainment areas. (12) The determination whether a facility's project is a "major modification" as defined in OAC 252:100-8-31 for facilities in attainment areas or in OAC 252:100-8-51 for facilities in nonattainment areas. (e) Any of these exceptions or requirements may be set aside at the discretion of the Director. PART 3. CONSTRUCTION PERMITS