Ohio Administrative Code (OAC) Chapter 3745-31, Permits-to-Install New Sources and Permit-to-Install and Operate Program

Contact: Mike Hopkins (614) 644-3611

Draft Available for Comment - CAA Section 110(l) Demonstration - OAC Rule 3745-31-03 (A)(3)(a)(ii) 10 Ton BAT Exemption
The Division of Air Pollution Control (DAPC) has prepared a draft Clean Air Act (CAA) Section 110(l) demonstration showing that removal of Best Available Technology (BAT) requirements for air emitting sources with less than 10-tons per year of emissions (“BAT exemption”) will not interfere with the attainment of the National Ambient Air Quality Standards (NAAQS) or violate the requirements of Section 110(l) of the CAA. In accordance with the revisions to Ohio Revised Code 3704.03(F), promulgated on August 3, 2006 as a result of Senate Bill 265, Ohio EPA incorporated the BAT exemption into Ohio Administrative Code (OAC) 3745-31-05(A)(3) effective December 1, 2006. On January 18, 2007, Ohio EPA requested U.S. EPA approve the revision into Ohio’s State Implementation Plan (SIP). However, U.S. EPA has requested Ohio EPA perform a CAA Section 110(l) demonstration to support the requested SIP revision. As a result, the Ohio EPA conducted several qualitative and quantitative studies and we are making these available for public comment, along with the CAA Section 110(l) demonstration. After considering any comments received, Ohio EPA will submit the demonstration and documentation to U.S. EPA so that they may proceed with approving the BAT Exemption contained in OAC 3745-31-05(A)(3) into Ohio’s State Implementation Plan.

Ohio EPA will be providing a public comment period on the demonstration through April 19, 2018. A public hearing on this action may be requested by contacting Paul Braun at (614) 644-3734 or paul.braun@epa.ohio.gov no later than April 19, 2018. If a public hearing is requested, a new notification will be published to identify the time and location of the public hearing. The public hearing will be held at least 30 days after the date of the new notification. For information on how to submit comments or request a hearing please refer to the public notice (linked below).

Currently Effective Rule Language


  • 3745-31-01 Definitions [PDF]
  • 3745-31-02 Applicability, Requirements and Obligations [PDF]
  • 3745-31-03 Exemptions and Permits-by-Rule [PDF]
  • 3745-31-04 Applications [PDF]
  • 3745-31-05 Criteria for Decision by the Director [PDF]
  • 3745-31-06 Completeness Determinations, Processing Requirements, Public Participation, Public Notice and Issuance [PDF]
  • 3745-31-07 Termination, Revocation, Expiration, Renewal, Revision and Transfer [PDF]
  • 3745-31-08 Registration Status Permit-to-Operate [PDF]
  • 3745-31-09 Variances on Operation [PDF]
  • 3745-31-10 NSR Projects at Existing Emissions Units at a Major Stationary Source [PDF]
  • 3745-31-11 Attainment Provisions - Ambient Air Increments, Ceilings and Classifications [PDF]
  • 3745-31-12 Attainment Provisions - Data Submission Requirements [PDF]
  • 3745-31-13 Attainment Provisions - Review of Major Stationary Sources and Major Modifications, Stationary Source Applicability and Exemptions [PDF]
  • 3745-31-14 Attainment Provisions - Pre-application Analysis [PDF]
  • 3745-31-15 Attainment Provisions - Control Technology Review [PDF]
  • 3745-31-16 Attainment Provisions - Major Stationary Source Impact Analysis [PDF]
  • 3745-31-17 Attainment Provisions - Additional Impact Analysis [PDF]
  • 3745-31-18 Attainment Provisions - Air Quality Models [PDF]
  • 3745-31-19 Attainment Provisions - Notice to the United States Environmental Protection Agency [PDF]
  • 3745-31-20 Attainment Provisions - Innovative Control Technology [PDF]
  • 3745-31-21 Nonattainment Provisions - Review of Major Stationary Sources and Major Modifications - Stationary Source Applicability and Exemptions [PDF]
  • 3745-31-22 Nonattainment Provisions - Conditions for Approval [PDF]
  • 3745-31-23 Nonattainment Provisions - Stationary Sources Locating in Designated Clean or Unclassifiable Areas Which Would Cause or Contribute to a Violation of a National Ambient Air Quality Standard [PDF]
  • 3745-31-24 Nonattainment Provisions - Baseline for Determining Credit for Emission and Air Quality Offsets [PDF]
  • 3745-31-25 Nonattainment Provisions - Location of Offsetting Emissions [PDF]
  • 3745-31-26 Nonattainment Provisions - Offset Ratio Requirements [PDF]
  • 3745-31-27 Nonattainment Provisions - Administrative Procedures for Emissions Offsets [PDF]
  • 3745-31-28 Review of Major Stationary Sources of Hazardous Air Pollutants Requiring MACT Determinations [PDF]
  • 3745-31-29 General Permit-to-Install and General PTIO [PDF]
  • 3745-31-30 Rescinded as of May 29, 2014
  • 3745-31-31 Rescinded as of May 29, 2014
  • 3745-31-32 Plant-wide Applicability Limit [PDF]
  • 3745-31-33 Site Preparation Activities Prior to Obtaining a Final Permit-to-Install or PTIO [PDF]
  • 3745-31-34 Permits-to-Install for Major Stationary Sources and Major Modifications of Sources Emitting Greenhouse Gases [PDF]

Historic Rule Versions

The Permit-to-Install rules govern the permitting of new sources of air pollution within the State of Ohio. The documents linked above on this page are the currently effective versions of the rules. To view versions of the above rules for historic reference, go here

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