Requirements for construction and operating permits

(a) Construction permits. (1) Construction permit required. 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 26 October 15, 2024 (A) Facilities without Part 70 operating permits. Except as provided in OAC 252:100- 8-4(a)(1)(D), no person shall (i) begin actual construction or installation of any new source that will require a Part 70 operating permit without first obtaining a DEQ-issued air quality construction permit under Part 5 of OAC 252:100-8, or (ii) make a modification to an existing minor facility such that it will require a Part 70 operating permit without first obtaining a DEQ-issued air quality construction permit under Part 5 of OAC 252:100-8. (B) Facilities with Part 70 operating permits. Except as provided in OAC 252:100-8- 4(a)(1)(D), a construction permit is also required prior to (i) reconstruction of a major affected source under 40 CFR Part 63, (ii) reconstruction of a major source if it would then become a major affected source under 40 CFR Part 63, (iii) commencement of any physical change or change in method of operation that would be a significant modification under OAC 252:100-8-7.2(b)(2), or (iv) commencement of any physical change or change in method of operation that, for any one regulated air pollutant (except for GHGs, as individual pollutants and as an aggregate), would increase potential to emit by more than 10 TPY, calculated using the approach in 40 C.F.R. Section 49.153(b). (C) Additional Requirements. In addition to the requirements of this Part, sources subject to Part 7 or Part 9 of this Subchapter must also meet the applicable requirements contained therein. (D) Construction Activities Prior to Issuance of a Minor NSR (Construction) Permit. After the submission of an administratively complete minor NSR construction permit application, but prior to the issuance of the corresponding construction permit, an applicant may begin construction up to, but not including, making any new, modified, or reconstructed unit operational such that it has the ability to emit any regulated air pollutant. The applicant assumes the risk of losing any investment it makes toward implementing such construction prior to the issuance of a construction permit authorizing the construction. If a minor NSR project necessitates determination of BACT, and the BACT recommended in the permit application is not approved in whole or in part by DEQ, the subsequent resolution of the appropriate selection of BACT shall be based upon the facility's pre-application physical configuration. DEQ retains the authority to deny the permit application without consideration of and regardless of any investment the applicant has made prior to permit issuance. This subparagraph does not serve as authorization by DEQ of the requested construction. In addition, this exception does not exempt the owner or operator from any applicable requirements under federal rules (e.g., NSPS or NESHAP) or state-only regulations. (2) Requirement for case-by-case MACT determinations. (A) Applicability. The requirement for case-by-case MACT determinations apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after June 29, 1998, unless the source has been specifically regulated or exempted from regulation under a subpart of 40 CFR Part 63, or the owner or operator has received all necessary air quality permits for such construction or reconstruction before June 29, 1998. 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 27 October 15, 2024 (B) Exclusions. The following sources are not subject to this subsection. (i) Electric utility steam generating units unless and until these units are added to the source category list. (ii) Stationary sources that are within a source category that has been deleted from the source category list. (iii) Research and development activities as defined in 40 CFR § 63.41. (C) MACT determinations. If subject to this subsection, an owner or operator may not begin actual construction or reconstruction of a major source of HAP until obtaining from the DEQ an approved MACT determination in accordance with the following regulations: 40 CFR 63.41, 40 CFR 63.43 and 40 CFR 63.44, which are hereby incorporated by reference as they exist on July 1, 2000. (b) Operating permits. (1) Operating permits required. Except as provided in subparagraphs (A) and (B) of this paragraph, no Part 70 source subject to this Chapter may operate after the time that it is required to file a timely application with the DEQ, except in compliance with a DEQ-issued permit. (A) If the owner or operator of a source subject to the requirement to obtain a Part 70 permit submits a timely application for Part 70 permit issuance or renewal, that source's failure to have a Part 70 permit shall not be a violation of the requirement to have such a permit until the DEQ takes final action on the application. This protection shall cease to apply if the applicant fails to submit, by the deadline specified in writing by the DEQ or OAC 252:100-8-4, any additional information identified as being reasonably required to process the application. (B) If the owner or operator of a source subject to this Subchapter files a timely application that the DEQ determines to be administratively incomplete due to the applicant's failure to timely provide additional information requested by the DEQ, the applicant loses the protection granted under paragraph (A) of this Section. The source's failure to have a Part 70 permit shall be deemed a violation of this Subchapter. (C) Filing an operating permit application shall not affect the requirement, if any, that a source have a construction permit. (2) Duty to apply. For each Part 70 source, the owner or operator shall submit a timely and complete permit application on forms supplied by the DEQ in accordance with this section. (3) Timely application. A timely application is a complete application (including appropriate fees) that is received with a legible, dated U.S. Postal Service postmark (private metered postmarks are not acceptable), delivered by a commercial carrier with a dated delivery receipt, date-stamped by DEQ when delivered in person, or submitted electronically via email or other electronic submittal system as designated by the Division, on or before the relevant date listed below. (A) A new source shall file an administratively complete operating permit application within 180 days of commencement of operation. (B) An existing source that becomes subject to the Part 70 operating permit program due to modification shall file an administratively complete operating permit application within 180 days of commencement of operation of the modification. (C) An existing source that becomes subject to the Part 70 operating permit program, without undergoing physical or operational changes resulting that result in an increase in the emission of any air pollutant subject to regulation, shall file an administratively complete operating permit application by March 6, 1999 or within 12 months after the 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 28 October 15, 2024 effective date on which the source first becomes subject to the Part 70 operating permit program, whichever is later. Compliance with the requirement to submit an administratively complete operating permit application does not authorize a facility to operate with new emission limits. To obtain new emission limits, the owner/operator must obtain a DEQ-issued air quality construction permit under Part 5 of OAC 252:100-8. (4) [Reserved] (5) [Reserved] (6) Application acceptability. Notwithstanding the deadlines established in paragraph (4) of this subsection, an application filed prior to the above deadlines following submission of the state program to EPA for approval shall be accepted for processing. (7) 112(g) applications. A source that is required to meet the requirements under section 112(g) of the Act, or to have a permit under a preconstruction review program under Title I of such Act, shall file an application to obtain an operating permit or permit amendment or modification within twelve months of commencing operation. Where an existing Part 70 operating permit would prohibit such construction or change in operation, the source must obtain a construction permit before commencing construction. (8) Application for renewal. Sources subject to this Chapter shall file an application for renewal of an operating permit at least 180 days before the date of permit expiration, unless a longer period (not to exceed 540 days) is specified in the permit. Renewal periods greater than 180 days are subject to negotiation on a case-by-case basis. (9) Phase II acid rain permits. Sources required to submit applications under the Acid Rain Program shall submit these applications as required by 40 CFR 72.30(b)(2)(i) through (viii). (10) Application completeness. See Environmental Permit Process, OAC 252:4-7-7 and the definition of "administratively complete" in OAC 252:100-8-2. (c) Enhanced NSR process. An existing Part 70 source covered by an operating permit issued under this subchapter may be eligible to utilize the enhanced NSR process, including the public notice procedures of OAC 252:4-7-13(g)(4) for a construction permit for modification of the source.