Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-48 - Transfer of allowances from the replacement of thermal energy; combustion sources

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and availability of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules, and federal statutory provisions referenced in
				this rule, see paragraph (C) of rule
				3745-103-01 of the
				Administrative Code titled "Referenced materials."]
(A) Thermal energy plan.
(1) General provisions. The designated
			 representative of an opt-in source that seeks to qualify for the transfer of
			 allowances based on the replacement of thermal energy by a replacement unit
			 shall submit a thermal energy plan subject to the requirements of paragraph (A)
			 of rule 3745-103-09 of the
			 Administrative Code for multi-unit compliance options and this rule. The
			 effective period of the thermal energy plan shall begin at the beginning of the
			 calendar quarter (either January first, April first, July first, or October
			 first) for which the plan is approved and end December thirty-first of the last
			 full calendar year for which the opt-in permit containing the plan is in
			 effect.
(2) Applicability. This
			 rule 
									applies to any designated representative of an opt-in
			 source and any designated representative of each replacement unit seeking to
			 transfer allowances based on the replacement of thermal energy.
(3) Contents. Each thermal energy plan shall
			 contain all of the following elements in a format prescribed by the USEPA:
(a) The calendar year and quarter that the
			 thermal energy plan takes effect, which shall be the first year and quarter the
			 replacement 
										unit will replace thermal energy of the opt-in
			 source.
(b) The name, authorized
			 account representative identification number, and telephone number of the
			 designated representative of the opt-in source.
(c) The name, authorized account
			 representative identification number, and telephone number of the designated
			 representative of each replacement unit.
(d) The account identification number in the
			 allowance tracking system of the source that includes the opt-in
			 source.
(e) The account
			 identification number in the allowance tracking system of each source that
			 includes a replacement unit.
(f)
			 The type of fuel used by each replacement unit.
(g) The allowable SO2
			 emissions rate, expressed in pounds of SO2 per MMBtu, of
			 each replacement unit for the calendar year for which the plan shall take
			 effect. When a thermal energy plan is renewed in accordance with paragraph
			 (A)(9) of this rule, the allowable SO2 emission rate at
			 each replacement unit shall be the most stringent federally enforceable
			 allowable SO2 emissions rate applicable at the time of
			 renewal for the calendar year for which the renewal shall take effect. This
			 rate shall not be annualized.
(h)
			 The estimated annual amount of total thermal energy to be reduced at the opt-in
			 source, including all energy flows (steam, gas, or hot water) used for any
			 process or in any heating or cooling application, and, for a plan starting
			 April first, July first, or October first such estimated amount of total
			 thermal energy to be reduced starting April first, July first or October first
			 respectively and ending on December thirty-first.
(i) The estimated amount of total thermal
			 energy at each replacement unit for the calendar year prior to the year for
			 which the plan is to take effect, including all energy flows (steam, gas, or
			 hot water) used for any process or in any heating or cooling application, and,
			 for a plan starting April first, July first, or October first, such estimated
			 amount of total thermal energy for the portion of such calendar year starting
			 April first, July first, or October first respectively and ending on December
			 thirty-first.
(j) The estimated
			 annual amount of total thermal energy at each replacement unit after replacing
			 thermal energy at the opt-in source, including all energy flows (steam, gas, or
			 hot water) used for any process or in any heating or cooling application, and,
			 for a plan starting April first, July first, or October first, such estimated
			 amount of total thermal energy at each replacement unit after replacing thermal
			 energy at the opt-in source starting April first, July first, or October first
			 respectively and ending December thirty-first.
(k) The estimated annual amount of thermal
			 energy at each replacement unit, including all energy flows (steam, gas, or hot
			 water) used for any process or in any heating or cooling application, replacing
			 the thermal energy at the opt-in source, and, for a plan starting April first,
			 July first, or October first, such estimated amount of thermal energy replacing
			 thermal energy at the opt-in source starting April first, July first, or
			 October first respectively and ending December thirty-first.
(l) The estimated total annual fuel input at
			 each replacement unit after replacing thermal energy at the opt-in source, and,
			 for a plan starting April first, July first, or October first, such estimated
			 total fuel input after replacing thermal energy at the opt-in source starting
			 April first, July first, or October first respectively and ending December
			 thirty-first.
(m) The number of
			 allowances calculated under paragraph (B) of this rule that the opt-in source
			 shall transfer to each replacement unit represented in the thermal energy
			 plan.
(n) The estimated number of
			 allowances to be deducted for reduced utilization under rule
			 3745-103-45 of the
			 Administrative Code.
(o)
			 Certification that each replacement unit has entered into a legally binding
			 steam sales agreement to provide the thermal energy, as calculated under
			 paragraph (A)(3)(k) of this rule, that it is replacing for the opt-in source.
			 The designated representative of each replacement unit shall maintain and make
			 available, at the USEPA or the director's request, copies of documents
			 demonstrating that the replacement unit is replacing the thermal energy at the
			 opt-in source.
(4)
			 Submission. The designated representative of the opt-in source seeking to
			 qualify for the transfer of allowances based on the replacement of thermal
			 energy shall submit a thermal energy plan to the director by no later than six
			 months prior to the first calendar year for which the plan is to be in effect.
			 The thermal energy plan shall be signed and certified by the designated
			 representative of the opt-in source and each replacement unit covered by the
			 plan.
(5) Retirement of opt-in
			 source upon enactment of plan.
(a) If the
			 opt-in source shall be permanently retired as of the effective date of the
			 thermal energy plan, the opt-in source shall not be required to monitor its
			 emissions upon retirement, consistent with
			 40 CFR
			 75.67, provided that the following
			 requirements are met:
(i) The designated
			 representative of the opt-in source shall include in the plan a request for an
			 exemption from the requirements of 40 CFR Part 75 in accordance with
			 40 CFR
			 75.67 and shall submit the following
			 statement: "I certify that the opt-in source "is" or "will be", as applicable
			 permanently retired on the date specified in this plan and will not emit any
			 sulfur dioxide or nitrogen oxides after such date."
(ii) The opt-in source shall not emit any
			 sulfur dioxide or nitrogen oxides after the date specified in the
			 plan.
(b) Notwithstanding
			 the monitoring exemption discussed in paragraph (A) (5)(a) of this rule, the
			 designated representative for the opt-in source shall submit the annual
			 compliance certification report provided under paragraph (D) of this
			 rule.
(6) USEPA's action.
			 If the director approves a thermal energy plan, the USEPA will annually
			 transfer allowances to the compliance account of each source that includes a
			 replacement unit, as provided in the approved plan.
(7) Incorporation, modification and renewal
			 of a thermal energy plan.
(a) An approved
			 thermal energy plan, including any revised or renewed plan that is approved,
			 shall be incorporated into both the opt-in permit for the opt-in source and the
			 acid rain permit for each replacement unit governed by the plan. Upon approval,
			 the thermal energy plan shall be incorporated into the acid rain permit for
			 each replacement unit pursuant to the requirements for administrative permit
			 amendments under rule
			 3745-103-18 of the
			 Administrative Code.
(b) In order
			 to revise an opt-in permit to add an approved thermal energy plan or to change
			 an approved thermal energy plan, the designated representative of the opt-in
			 source shall submit a plan or a revised plan under paragraph (A)(4) of this
			 rule and meet the requirements for permit revisions under rule
			 3745-103-15 of the
			 Administrative Code and either rule
			 3745-103-16 or
			 3745-103-17 of the
			 Administrative Code.
(8)
			 Termination of plan.
(a) A thermal energy plan
			 shall be in effect until the earlier of the expiration of the opt-in permit for
			 the opt-in source or the year for which a termination of the plan takes effect
			 under paragraph (A)(8)(b) of this rule.
(b) Termination of plan by opt-in source and
			 replacement units. A notification to terminate a thermal energy plan in
			 accordance with paragraph (C) of rule
			 3745-103-09 of the
			 Administrative Code shall be submitted no later than December first of the
			 calendar year for which the termination shall take effect.
(c) If the requirements of paragraph
			 (A)(8)(b) of this rule are met and upon revision of the opt-in permit of the
			 opt-in source and the acid rain permit of each replacement unit governed by the
			 thermal energy plan to terminate the plan pursuant to rule
			 3745-103-18 of the
			 Administrative Code, the USEPA will adjust the allowances for the opt-in source
			 and the replacement units to reflect the transfer back to the opt-in source of
			 the allowances transferred from the opt-in source under the plan for the year
			 for which the termination of the plan takes effect.
(9) Renewal of thermal energy plan. The
			 designated representative of an opt-in source may renew the thermal energy plan
			 as part of its opt-in permit renewal in accordance with rule
			 3745-103-32 of the
			 Administrative Code.