Ohio EPA anticipates that Cleveland and Toledo will fail to meet the 2015 8-hour ozone ambient air quality standard by August 3, 2024. Failure to meet this standard will cause Cleveland to be reclassified as in serious nonattainment and Toledo as in marginal nonattainment.
Permitting Implications
These reclassifications will impact permitting at major sources [with respect to New Source Review (NSR)] as well as permitting projects at new or minor sources that are major in themselves. Pursuant to OAC 3745-31-01(M)(5), for Serious ozone nonattainment areas, the “Major Stationary Source” threshold would be lowered from a potential to emit (PTE) of 100 tons per year to 50 tons per year VOC or NOX and lowering the major modification significance level from 40 TPY to 25 TPY. Projects that meet the definition of major modification or that constitute a new Major Stationary Source will have to go through Nonattainment New Source Review (NNSR) permitting, which may require obtaining emissions offsets, among other permitting complexities.
Additionally, pursuant to the Title V requirements outlined under OAC 3745-77-02(B), the major source permitting thresholds are lowered for serious non-attainment areas, reflecting those under the “Major Stationary Source” definition outlined above. Therefore, facilities will trigger Title V permitting at 50 tpy of VOC or NOx in serious ozone nonattainment areas. Several reporting and compliance obligations would kick in for facilities that get pulled into the Title V program.
Compliance Implications
Additionally, Ohio EPA is currently requesting stakeholder input on potential changes to Ohio Administrative Code (OAC) Ch. 3745-21, “Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards,” OAC Ch. 3745-31, “Permits to Install New Sources and Permit to Install and Operate Program,” and OAC Ch. 3745-110, “Nitrogen Oxides – Reasonably Available Control Technology (RACT)”. For serious nonattainment areas, the threshold for sources subject to NOx and VOC RACT requirements in OAC Chapters 3745-110 and 3745-21 would be lowered from a PTE of 100 TPY to 50 TPY. Ohio EPA is requesting this input prior to generating draft rule language. Stakeholder input is due by Monday, October 2, 2023. More details on these potential reclassifications and Ohio EPA’s early stakeholder outreach can be found here:
Cleveland, Toledo.
How can Trinity help?
If you are in one of the impacted areas, Trinity can support your facility to better understand your potential to emit to evaluate how this re-classification may impact your site. If you are close to the major source threshold, Trinity can assist with developing a permitting strategy to help mitigate potential regulatory and permitting impact. Furthermore, if you have a significant project on the horizon at your facility, it is important to understand how this upcoming change in nonattainment classification may impact your project. Trinity can assist you with developing a project risk assessment and outlining potential permitting or compliance strategies for your operations.
