Frequently Asked Questions
About Air Pollution Control Regulations

 What are Ohio EPA's regulations on open burning?

 What do I do after I receive an air permit?

 What are the Risk Management Plan (RMP) rules?

 Can I burn used oil in a space heater at my business?

Environmental regulations are complex, and determining if your business needs an air permit can be confusing. Under state and federal regulations, it is the business owner's responsibility to obtain all necessary permits.

How do I know if my business needs a permit?

Air pollution permits are required for "air contaminant sources." A business may have any number of sources at its facility. Each source requires its own permit unless it is specifically exempted.

What is an air contaminant source?

An air contaminant source is anything that emits air pollution. While this covers many different types of processes, there are four rules of thumb that can often help in identifying an air contaminant source:

1. Something that has a stack, dust collector or vent.
   Examples: shotblasters, grinders, storage tanks.
2. Process using paints, solvents, adhesives or inks.
   Examples: paint booths, printing presses, solvent cleaning tanks.
3. Process which burns a fuel (e.g. oil, natural gas, coal).
   Examples: boilers, furnaces, process heaters.
4. Process that produces visible dust or smoke or produces odors.
   Examples: incinerators, unpaved roadways, material handling.
    

Does every air contaminant source need a permit?

No. There are numerous sources that are exempted from air pollution permits under state law. Examples of these exempted sources include small boilers, detergent-based parts washers, small storage tanks, maintenance operations and various other low emitting sources.

When must I apply for a permit?

There are two types of permits: the permit-to-install, and the permit-to-operate. The permit-to-install is required (if the source was installed after January 1, 1974), before the installation of an air contaminant source. The permit-to-operate is needed to legally maintain operation of the source after installation. Both permits are needed unless the source is otherwise exempted. Permit applications should be completed and submitted well in advance to allow for processing time.

Where can I get help in filling out permit applications?

If you have questions about whether your company needs permits or you are unsure of how to fill out the permit applications, you may be eligible for assistance from Ohio EPA's Office of Complaince Assistance and Pollution Prevention OCAPP) at (614) 644-34869 or (800) 3329-7518.

Where do I send my permit applications?

In Ohio, air pollution permits are issued by Ohio EPA. Ohio EPA has district offices throughout the state that handle the permitting process for the businesses in their jurisdiction.

Source: Ohio EPA, Small Business Assistance Program (brochure)

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As a small business owner, it is important for you to be aware of Ohio EPA regulations regarding opening burning. The open burning regulations are found in Chapter 3745-19 of the Ohio Administrative Code (OAC). "Open burning" is burning materials like trash, leaves, tree trimmings, tires and construction debris outdoors. When these materials are burned, they can release harmful air pollutants. In addition, gases released by open burning can corrode metal siding and damage paint on neighboring buildings.

What types of open burning are considered illegal?

Under Ohio's air pollution control regulations, a business cannot burn trash or any other waste for the purpose of waste disposal. A common violation that Ohio EPA sees at small businesses includes open burning of wastes like trash or used shop rags. In addition, landscape contractors need to be aware that they CANNOT bring landscape waste (trimmings, etc.) back to their business and open burn them.

Are any types of open burning allowed?

A few types of open burning are allowed by businesses. In these situations, the business does not need to notify Ohio EPA or obtain permission from the Agency before burning. Fires, however, must be kept to a minimum size, cannot be used for waste disposal and the fuel burned must help minimize the emission of air contaminants. Acceptable open burning includes:

• cooking food (barbecues, cookouts);
• heating tar;
• welding and acetylene torches;
• smudge pots and similar occupational needs; and
• heating for warmth of outdoor workers or strikers.

Ohio EPA can authorize open burning activities such as: fires for controlling diseases/pests, ceremonial fires, fire fighting training, managing land clearing wastes from industrial or commercial development and emergency handling of ignitable or explosive wastes. Before conducting any of these activities, the company must first contact Ohio EPA's Division of Air Pollution Control. Special conditions may apply to some activities. In addition, the business may be required to complete an application and obtain written approval from the Agency before open burning.

Does Ohio EPA ever allow other exceptions to the open burning regulations?

Under certain circumstances, yes. However, other activities must be discussed with Ohio EPA and YOU MUST RECEIVE WRITTEN PERMISSION FROM OHIO EPA BEFORE YOU BEGIN BURNING.

Can my community enact local laws on open burning?

Yes. There may be local laws in your area regarding open burning. These local ordinances cannot be less strict than Ohio EPA's regulations. They can be more strict, however. Knowing the open burning regulations can help your company avoid the possibility of violations or penalties.

Source:  Ohio EPA, Division of Air Pollution Control (brochure), Ohio EPA Small Business Assistance Office newsletter, August 1997.

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You went through all the time, effort and cost of getting an air pollution permit. Now that you've got it, you must be in compliance, right? The day you receive the permit in the mail, you can just file it away knowing that you are in compliance. Right? Not necessarily!

Just receiving an air permit is not a guarantee of continued compliance. Getting a permit is just the first step toward compliance. It is very important that you are aware of and follow ALL the "terms and conditions" of the permit to remain in compliance. To know what terms and conditions apply to your business, you must read your permit.

The "terms and conditions" of your permit include emission limits that your air pollution source must meet. What many people fail to realize is that there may be other terms and conditions beyond emission limits. The most often overlooked item in an air permit is the requirement to keep records.

Make sure to read your permit. Most permits have a requirement for some kind of record keeping. For example, a painting company may need to keep paint use records, a printer to keep ink use records or a dry cleaner to keep records on perchloroethylene usage. Many companies assume they can just pull out a purchase record at the end of the year and this will be sufficient record keeping. While this may be sufficient sometimes; it often is not. Many permits call for daily or monthly record keeping. Sometimes the permit will also require that records or reports be submitted to the Ohio EPA. To know whether you need to submit reports, it is important that you know the terms and conditions of the permit. Not keeping or sending in records as required by the permit can mean a violation for your company.

After taking the time and effort to apply and receive an air pollution permit, don't let it all go to waste and risk possible violations by not following through on your responsibilities. READ YOUR PERMIT! It won't take long, but may mean the difference between compliance and penalties.

Can you afford to risk it? If you don't understand the conditions of your permit, immediately call the Ohio EPA District office listed on your permit and ask for an explanation. If your business does not have an air permit and you think you need one, call the Office of Compliance Assistance and Pollution Prevention at (614) 644-3469 or (800) 329-7518.

Source:  Ohio EPA, Small Business Assistance Office newsletter, September 1998.

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Ohio EPA's Division of Air Pollution Control will soon have regulations in place that will effect many facilities that have chemicals on-site. These new regulations, called the 112(r) regulations, will help prevent accidental releases of harmful chemicals. The term 112(r) comes from a section of the Clean Air Act Amendments.

Who is affected by the new rule?

Any facility that processes more than the threshold quantity of a regulated substance. The regulations include a list of these 77 acutely toxic substances and 63 flammable gases and volatile liquids. The thresholds for toxic substances range from 500-20,000 pounds. The threshold for all flammable substances is 10,000 pounds.

Processing includes use, storage, manufacturing, handling or on-site movement of these substances. Some facilities that will likely be subject to the 112(r) requirements include:

• manufacturers, including chemical manufacturers
• some wholesalers and retailers
• drinking water plants and wastewater treatment plants
• ammonia refrigeration systems
• utilities
• federal facilities

What is required?

If your company is subject to the new regulations, you need to develop a Risk Management Plan (RMP). The RMP must summarize the hazards at the company, including the potential for an off- site release. In addition, the RMP must include a description of the company's risk management and emergency response procedures.

The specific information that needs to be in the RMP depends on your company's processes. The regulations include three different tiers of reporting, each depending on the risk of the process. You also need to update the RMP at least every five years.

When do I need to submit the RMP?

You must submit the RMP to U.S. EPA and Ohio EPA by June 21, 1999. U.S. EPA requires you to send your RMP electronically, using specific software called RMP*Submit. A small business without computer access can request a waiver and submit a hard copy report. A copy of your initial RMP, either hard copy or on disk, must also be mailed to Ohio EPA's Division of Air Pollution Control.

Are there reporting fees?

Yes. There are annual fees, based on the regulated substances listed in the RMP. You are required to pay an annual $50 registration fee plus the following additional fees:

• $65 for propane, if it is the only regulated substance on-site; (Recently USEPA has been sued to exempt propane from the 112(r) program. A court decision is expected in late 1999. Until then, propane storage is not regulated by this program.)
• $65 for anhydrous ammonia sold for use as an agricultural ingredient; and
• $200 for all other regulated substances.

Independent businesses employing less than 100 full-time employees may be exempt from 112(r) fees. Please contact the Small Business Assistance Program at (614) 644-4830 for more information. Initial fees and fee calculation worksheets are due June 21, 1999 along with the RMP. In the future, facilities in this program will receive an invoice from Ohio EPA for appropriate fees based on past payments.

Where can I get more help?

U.S. EPA has several guidance documents to help companies in completing their risk management plans. These documents are available through U.S. EPA's web site at: www.epa.gov/swercepp/ or by calling 800-490-9198

You can also contact Ohio EPA's Division of Air Pollution Control (DAPC), Air Toxics unit at 614- 644-3594. Or, contact the Office of Compliance Assistance and Pollution Prevention at (614) 644-3469 or (800) 329-7518.

Source:  Ohio EPA, Small Business Assistance Office newsletter, May 1999.

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During colder months, service centers, car dealerships, and related businesses help heat their shops by burning used oil in space heaters. Businesses burning used oil in their space heaters must be aware of Ohio EPA's hazardous waste and air pollution requirements.

The hazardous waste requirements that cover used oil are Rules 3745-58-50 to 3745-58-54 of the Ohio Administrative Code (OAC). Rule 3745-58-51(C) states that used oil may be burned in space heaters if the following conditions are being met:

• the space heater is only used to burn oil that is generated at the business or received from a do-it-yourself oil changer who generated it as a household waste;
• the space heater does not exceed a capacity of 500,000 (.5 million) British Thermal Units (BTUs) per hour;
• combustion gases from the unit must be vented to the outside;
• the used oil must not be mixed with any hazardous waste.

Burning used oil in space heaters causes air pollution. The level of air pollution (or emissions) depends on the amount of oil burned. Space heaters having a burner rating of less than 500,000 BTUs per hour cause little air pollution and can qualify for the "de minimis exemption" under OAC Rule 3745-15-05.

Qualifying for the de minimis exemption means that the business does not have to get an EPA air permit to operate the space heater. If the space heater qualifies for this exemption, the business does not need to provide EPA's Division of Air Pollution Control with this information. However, any business burning waste oil should keep a monthly record of the amount burned (in gallons) and the origin of the waste oil (either generated on-site or received from a do-it-yourselfer). Records of any lab testing that has been done on the oil or information from the supplier should also be kept in file.

The burner rating (BTU capacity) is usually found on the space heater itself or in the manufacturer's literature. Most space heaters on the market are rated less than 500,000 BTU/hr. If the heater's rating is unknown, the manufacturer can be contacted for this information. Heaters that cannot burn more than 5 gallons of waste oil per hour are also likely to qualify for the de minimis exemption.

Acceptable waste oils for burning include: used crankcase oils from automobiles and trucks, used metal working and lubricating oils, 90 W. gear oil, automatic transmission fluid, hydraulic oil, and heat transfer fluids. Burning other types of waste oils may require approval from the EPA's Division of Air Pollution Control (DAPC).

Contact the Office of Compliance Assistance and Pollution Prevention at (614) 644-3469 or (800) 329-7518 to obtain a copy of the de minimis exemption or for additional information on the air pollution requirements for space heaters. For more information on the hazardous waste rule, contact the Technical Support Unit in the Division of Hazardous Waste Management at (614) 644-2956.

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