Applying for a Permit-by-Rule (PBR)
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Important Advisory for Printing Permit-by-Rule Registrants
As of February 18, 2008, the revised permit-by-rule (PBR) requirements for small and midsize printing facilities became effective. The revised PBR contains streamlined requirements that remove all emission limits, record keeping, and reporting requirements for “photochemically reactive materials” formerly regulated under a separate regulation entitled “Control of Emissions of Organic Materials from Stationary Sources” or OAC 3745-21-07. Ohio EPA has formally revised many of the requirements found in OAC 3745-21-07 and eliminated all of the requirements for “photochemically reactive materials”.
Effective February 18, 2008:
- Printing facilities that have registered for the PBR permit or want to register need to follow the revised PBR requirements specified at OAC 3745-31-03(A)(4)(k) and (l), dated December 1, 2006. OAC 3745-31-03 is the regulation that contains the PBR requirements.
- Printing PBR facilities no longer need to determine if inks, solvents, fountain solutions, and other materials are “photochemically reactive” or meet emissions limits or 8 pounds per hour and 40 pounds per day for photochemically reactive materials.
- Printing PBR facilities must continue to track material VOC and HAP content, record annual usage, and comply with annual emission limits. Those requirements remain unchanged.
- The former printing PBR rule, dated July 29, 2005 no longer applies. (Note: The printing PBR was revised December 1, 2006 but was not effective until rule OAC 3745-21-07 was revised.)
Ohio EPA will be notifying all printing facilities that have registered to operate under the PBR that the new streamlined requirements are effective. In addition, Ohio EPA is revising the Printing PBR User’s Guide to include the new streamlined requirements.
If you have any questions concerning the printing PBR requirements, please contact Rick Carleski, Ohio EPA Office of Compliance Assistance and Pollution Prevention, at (614) 728-1742.
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A permit-by-rule (PBR) is an optional permit exemption in the Ohio Administrative Code that applies only to a certain type of air pollution source or facility. The PBR contains qualifying criteria, emission limitations, conditions for operation, and requirements for record keeping and reporting. Many of these requirements are similar to those found in typical air pollution permits issued by the Ohio EPA. A PBR exempts the air pollution source from the formal permit-to-install (PTI) and permit-to-operate (PTO) process and effectively functions as both the installation and operating “permit” for the source.
In order to determine if you qualify for a PBR, you must first review the list of PBRs available. If one of the PBRs seems to apply to your source, review the qualifying criteria associated with the PBR. If you meet all of the qualifying criteria, then you qualify to obtain a PBR. If you qualify, then you should review the source-specific terms and conditions found in the PBR to see if you can accept the terms and conditions. If you meet the qualifying criteria and can accept the terms and conditions, then you can apply for the PBR.
In order to apply for a PBR, you must either (1) provide written notification containing the minimum information outlined in the ‘General Provisions’ section of OAC 3745-31-03 (A)(4)(a); OR (2) submit a notification form developed by Ohio EPA for that PBR. You can obtain the Ohio EPA notification forms by clicking the links below.
If you choose to take advantage of PBR, PBR requirements start with being recognized as a PBR permitted operation. Each of the PBRs requires on-going compliance with the applicable rule requirements. The following information will help you in evaluating if the PBR option is appropriate for some or all of the operations at your facility.
1. PBRs are exemptions from the paper permitting process per OAC 3745-31-03. The PBR is a permitting option - the company may still choose to obtain a traditional permit-to-install.
2. To address public notice concerns, DAPC has a database of PBR sources available on our web site for public access. Click on “Facility Listing of Active PBRs” above. You can search the database by clicking on the first letter of the company’s name.
3. There are no permit fees for PBRs. However, if a facility has some operations covered by traditional permits and some by PBR, all emissions must be accounted for in reporting actual emissions in air fee emissions reports. If the only operations at the facility are covered by PBR, no air fee emissions reports or emission fees are required.
4. PBR requirements include on-going permit responsibilities such as checking equipment and keeping records of operation or material usage. The requirements are legally enforceable. and begin as soon as the company submits the PBR notification to Ohio EPA.
5. Permits to Operate, OAC Chapter 3745-35 are not required for PBR operations. However, PBR requirements will be incorporated into the appropriate operating permit if the operation is located at a Title V facility. PBR sources will need to be listed in Title V permit applications as insignificant emissions units.
6. At any time, a company may elect to obtain traditional permits for previously PBR-permitted operations by submitting the appropriate permit applications
7. You should send PBR notifications directly to the appropriate Ohio EPA district office or local air agency.
8. Sources operating under a current PTI or PTO can be converted to PBR as long as the source meets the PBR qualifying criteria, the company agrees to operate according to the PBR requirements, and the Ohio EPA district office or local air agency agrees with the conversion request. This process involves the revocation of the existing permits . You can use the PBR notification form (Section III) to specify the appropriate PTI or PTO to be revoked. If your PBR notification and conversion request is approved, you will receive a letter indicating that your existing permits have been revoked and the date coverage under the PBR is effective.
PBR submittal process (for new sources or sources not converting from permits to PBR):
PBR submittal/approval process (for sources converting from permits to PBR)
The following categories have been incorporated into OAC rule 3745-31-03 (A)(4):
Although the forms Ohio EPA lists for PBR application are not required to be submitted for processing your requests, we strongly recommend their use to ensure consistent review and timely consideration.
A company may only submit multiple PBR forms under one responsible official signature if all of the PBR sources are located within jurisdiction of the same Ohio EPA District Office or local air agency. The entity requesting PBR exemption should attach a simple cover letter (see example) listing all of the site numbers, 10-digit Facility ID numbers, etc. in the PBR request package and provide the signature at the bottom of the letter. For example, 100 GDFs scattered among 4 districts would require four separate, original signature cover letters - one letter for each district which would then be attached to its corresponding PBR notification forms. The District Office or local air agency will retain all original forms.
A separate PBR application form is still required for each source as Ohio EPA needs source specific information in order to determine PBR eligibility.
For more information concerning PBR, please contact your Ohio EPA District Office or local air agency representative.
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