Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-27 - Nonattainment provisions - administrative procedures for emission offsets

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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
(A) Procedures for emission offsets.
Emission offsets may be proposed by either the owner or
				operator of the proposed major stationary source or by the local community or
				the state. The emission reduction committed to 
									shall be
				enforceable by authorized state or local agencies and under the Clean Air Act,
				and  be accomplished by the new major
				stationary source's start-up date. If emission reductions are to be obtained in
				a state that neighbors the state in which the new major stationary source is to
				be located, the emission reductions committed to 
									shall be
				enforceable by the neighboring state 
									or local agencies and under the Clean Air Act.
				Where the new major stationary source is a replacement for a major stationary
				source that is being shut down in order to provide the necessary offsets, the
				director may allow up to one hundred eighty days for shakedown of the new major
				stationary source before the existing major stationary source is required to
				cease operation.
(1) Major stationary
			 source initiated emission offsets.
The owner or operator of a major stationary source may propose
				emission offsets that involve the following:
(a) Reductions from stationary sources
			 controlled by the major stationary source owner or operator (internal emission
			 offsets).
(b) Reductions from
			 neighboring stationary sources (external emission offsets). The owner or
			 operator of the major stationary source does not have to investigate all
			 possible emission offsets. As long as the emission offsets obtained represent
			 reasonable progress toward attainment (in the director's judgement),
			 the emission
			 offsets will be acceptable to the director. The director shall review and
			 approve the emission offsets to assure that the emission offsets will be as
			 effective as proposed by the owner or operator of the major stationary source.
			 An internal emission offset will be considered enforceable if it is made an
			 Ohio state implementation plan requirement by inclusion as a condition of the
			 new major stationary source permit and the permit is forwarded to the United
			 States environmental protection agency. An external emission offset will not be
			 enforceable unless the affected stationary source providing the emission
			 reductions is subject to a new Ohio state implementation plan requirement or
			 federally enforceable permit condition or a permit condition legally and
			 practicably enforceable by the state to ensure that its emissions will be
			 reduced by a specified amount in a specified time.