40. If a facility's actual emissions are less than the 20% threshold, do they need a ST & C that says if they exceed this it puts them in Title V?
They do not need to have a ST & C because the rule itself requires the facility to keep records on site and if its emissions do increase, then within the year they have to file for either a FESOP or Title V permit.
41. Asphalt plants. The question arose from a situation where a facility wanted to use AP 42 emission factors taken from 2 stack tests while burning #2 oil that appears in Table 11-1-8, because if they used table 13-2 for fuel combustion sources, it would make them a Title V facility.
The facility should use 13-2 because it has an "A" rating (versus "D" for table 11-1-8) and if it projects that under the "worst case" fuel scenario that they are > 100 tons, then they need a FESOP. Wouldn't require a stack test until the company refuses to use table 13-2.
42. Are short and long term emission rates needed for facilities subject to NSPS, Subpart I?
If it is in the NSPS, then it is federally enforceable. If it is not included as part of the NSPS, then it would have to go in as part of the state only side of the permit. It was noted that many asphalt plants would need a FESOP for CO alone.
43. What is the minimum period of time for record keeping that we want to demonstrate that the inherent physical limitation applies (for example production records.)
From the time that they make the claim forward, no limit on past records.
44.Batch operations not addressed in Engineering Guide # 61, multiple products, multiple units operating together, how are they going to be dealt with?
Must identify "worst case" batch and extrapolate it out for the whole year. Companies that have taken this approach have come up with some very sophisticated computer models to show the various operating scenarios to determine what worst case is and to justify a FESOP.
45. Comment regarding the apparent contradiction in Engineering Guide # 61 with respect to assuming that all VOC's are HAPS. This would mean that facilities with 2- 5 tons of actual VOC's would exceed the 20% threshold for HAPS.
DAPC would not consider all VOC's HAPS; however, the facility must keep their records to prove that their HAPS are indeed below the Title V trigger. If during the year they exceed the 20% threshold, then they would need to file for either a FESOP or Title V permit.
46. Does the Title V application allow for submissions due to certain unusual circumstances (ie... PTI's not included in the Ohio SIP)?
Unusual circumstances not in the Ohio SIP, or required by federal law, or federally enforceable PTI terms and conditions, would not be an applicable requirement and would not be required to be disclosed on the Title V application. However, Ohio EPA can choose to identify these unusual circumstances as the State- only enforceable terms and conditions in Title V permit. For example, special restrictions to avoid air pollution nuisance conditions, etc.
47. What are an entities obligations with regards to applicable requirements which become effective during the term of the Title V permit?