Ohio New Source Review regulations & environmental compliance analysis

Ohio New Source Review : What you need to know

Governing Law and Regulations

Permit to install requirements: Ohio Administrative Code (OAC) 3745-31-02

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Nonattainment New Source Review (NSR): OAC 3745-31-21 to 3745-31-28, OAC 3745-31-32, and OAC 3745-31-33

Offsets: OAC 3745-31-26

Nonattainment areas: 40 CFR 81.336

Prevention of Significant Deterioration (PSD): 40 CFR 52.1873, 40 CFR 52.1884, OAC 3745-31-11 to 3745-31-20, OAC 3745-31-28, and OAC 3745-31-32 to 3745-31-34

Exemption from monitoring: OAC 3745-31-13

Visibility protection: OAC 3745-31-06

Regulatory Agencies

Ohio Environmental Protection Agency (Ohio EPA) Division of Air Pollution Control

Local air pollution control agencies

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Ohio requires a facility to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD) depending on the attainment status of the area in which the source is located and the types and quantity of air pollutants emitted.

Ohio currently has several counties that are in nonattainment of one or more of the National Ambient Air Quality Standards (NAAQS). Therefore, both the provisions of nonattainment NSR and PSD are applicable in the state. Ohio administers state implementation plan (SIP)-approved nonattainment NSR and PSD programs. Therefore, the provisions of federal nonattainment NSR, PSD, and any amendments are not effective in Ohio until a SIP revision incorporating provisions at least as stringent as the federal requirements is ...

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