(A) By June 15, 1994 and April fifteenth
of each year thereafter, except as provided by paragraph (G) of this rule,
owners or operators of sources subject to the Title V permit program pursuant
to rule 3745-77-02 of the Administrative Code, including facilities with a
potential to emit any one regulated air pollutant of a quantity greater than or
equal to one hundred tons per year, or any one hazardous air pollutant (HAP)
greater than or equal to ten tons per year, or any combination of hazardous air
pollutants greater than twenty-five tons per year, shall submit, in a form and
manner prescribed by the director, a fee emission report that quantifies the
actual emission data for particulate matter, sulfur dioxide, organic compounds,
nitrogen oxides, and lead (but shall not also be considered particulate
matter). For purposes of this requirement, the potential to emit emission data
shall be calculated annually on the basis of the facts as they existed on
December thirty-first of the previous year. The owner or operator of a facility
shall pay fees on the facility's actual emissions as specified in division
(C) of section 3745.11 of the Revised Code.
(B) For any facility whose owner or
operator does not file a fee emission report required in paragraph (A) of this
rule, the director may require the owner or operator of that facility to submit
annually potential to emit emission data to support the claim that the facility
is not subject to paragraph (A) of this rule based upon engineering
calculations, emission factors, material balance calculations, or performance
testing methods.
(C) By April 15, 1996, and by April
fifteenth every two years thereafter, except as provided by paragraph (G) of
this rule, owners or operators of facilities whose sum of actual annual
emissions of particulate matter, sulfur dioxide, organic compounds, nitrogen
oxide, and lead (but shall not also be considered particulate matter) from the
emission units at the facility for which the owner or operator is required to
apply for a permit-to-install or a permit-to-install and operate under Chapter
3745-31 of the Administrative Code, are greater than or equal to fifty tons per
year and are not required to apply for a permit under the provisions of rule
3745-77-02 of the Administrative Code, shall submit in a format and manner
prescribed by the director a fee emission report that includes the
following:
(1) For each regulated
air pollutant, potential to emit emission data calculated annually on the basis
of the facts as they existed on December thirty-first of the previous
year.
(2) For particulate
matter, sulfur dioxide, organic compounds, nitrogen oxide, and lead, actual
emission data for each of the prior two calendar years. Owners or operators of
facilities shall pay fees on actual emissions for each of the prior two
calendar years as specified in division (D) of section 3745.11 of the Revised
Code.
(D) By April 15, 1996, and by April
fifteenth every two years thereafter, except as provided by paragraph (G) of
this rule, owners or operators of facilities whose sum of actual annual
emissions from the facility of particulate matter, sulfur dioxide, organic
compounds, nitrogen oxide, and lead (but shall not also be considered
particulate matter) are less than fifty tons per year, shall attest to the fact
that the owner or operator of the facility is not required to apply for a
permit under the provisions of rule 3745-77-02 of the Administrative Code, and
that the sum of the pollutants stated in this paragraph are less than fifty
tons per year. This statement shall be made on the fee emission report for the
prior two years as specified in division (D) of section 3745.11 of the Revised
Code. Owners or operators of facilities subject to this paragraph shall be
responsible for payment of these fees.
(E) For any owner or operator who claims
to be subject to paragraph (D) of rule 3745-78-02 of the Administrative Code,
the director may require the owner or operator of that facility to submit
annual actual emission or potential to emit data to support this claim based
upon engineering calculations, emission factors, material balance calculations,
or performance testing methods.
(F) If authorized to collect a fee under
division (D) of section 3745.11 of the Revised Code, owners or operators of a
synthetic minor facility shall submit, by April 15, 2000 and each year
thereafter, except as provided by paragraph (G) of this rule, in a form and
manner prescribed by the director, a fee emission report that quantifies the
actual emission data for particulate matter, sulfur dioxide, organic compounds,
nitrogen oxides, and lead (but shall not also be considered particulate
matter). For purposes of this requirement, the fee emission report shall be
calculated annually. The owner or operator of a facility identified in this
paragraph shall pay fees on the facility's actual emissions as specified
in division (D) of section 3745.11 of the Revised Code.
(G) Fee emission reports due during
calendar year 2008 and required under paragraph (A), (C) or (F) of this rule
and the statement required under paragraph (D) of this rule, shall be submitted
by June 6, 2008.
