reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-95 - Backflow Prevention and Cross-Connection Control › Section 3745-95-05 - Type of protection required

Current through all regulations passed and filed through July 1, 2024
(A) The type of protection required under
			 paragraphs (A), (B),  and
			 
								(C) of
			 rule
			 3745-95-04
			 of the Administrative Code shall depend on the degree of hazard which exists as
			 follows:
(1) An approved air gap separation
			 shall be installed where a public water system may be contaminated with
			 substances that could cause a severe health hazard.
(2) An approved air gap separation, an
			 approved reduced pressure principle backflow prevention assembly or an approved
			 reduced pressure detector check assembly shall be installed where a public
			 water system may be contaminated with any substance that could cause a system
			 or health hazard.
(3) An approved
			 air gap separation, an approved reduced pressure principle backflow prevention
			 assembly, an approved reduced pressure principle-detector check assembly, an
			 approved double check valve assembly or an approved double check-detector check
			 valve assembly shall be installed where a public water system may be
			 contaminated with any substance that could cause a pollutional
			 hazard.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-95 - Backflow Prevention and Cross-Connection Control › Section 3745-95-06 - Backflow preventers

Current through all regulations passed and filed through July 1, 2024
(A)
								Any containment
			 principle backflow preventer required by rules
			 3745-95-04
			 and
			 3745-95-05
			 of the Administrative Code shall be of a model or construction approved by the
			 supplier of water and conform to at least one of the following standards:
(1)
									For air gap
			 separations:
(a)
										ASME A112.1.2.
(b)
										For single
			 property community water systems and noncommunity public water systems, air gap
			 fittings, ASME A112.1.3.
(c)
										On a case by case basis, the director may accept an
			 alternative configuration to meet the physical separation requirement of the
			 air gap standard if the alternative configuration is protective of human health
			 and acceptable to the supplier of water.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-95 - Backflow Prevention and Cross-Connection Control › Section 3745-95-07 - Booster pumps

Current through all regulations passed and filed through July 1, 2024
(A) No person shall install or maintain a
			 
								cross connection to any
			 premises where a booster pump has been installed, unless an approved
			 method is in place and is operational to maintain a minimum suction pressure as
			 prescribed in the following:
(1) For booster
			 pumps not intended to be used for fire suppression, no person shall install or
			 maintain a 
									cross connection to any premises where a booster
			 pump has been installed unless such booster pump is equipped with a low
			 pressure cut-off designed to shut-off the booster pump when the pressure in the
			 service line on the suction side of the pump drops to ten pounds per square
			 inch gauge or less.
(2) For booster
			 pumps used for fire suppression, also referred to as fire pumps, no person
			 shall install or maintain a 
									cross connection to any premises where a fire
			 pump has been installed on the service line to or within such premises, unless
			 the pump is equipped with one of the following:
(a) A low suction throttling valve which is a
			 pilot-operated valve installed in the discharge piping that maintains positive
			 pressure in the suction piping, while monitoring pressure in the suction piping
			 through a sensing line. The valve 
										shall throttle the discharge of the pump when
			 necessary so that suction pressure will not be reduced below ten pounds per
			 square inch gauge while the pump is operating.
(b) A variable speed suction limiting control
			 which is a speed control system used to maintain a minimum positive suction
			 pressure at the pump inlet by reducing the pump driver speed while monitoring
			 pressure in the suction piping through a sensing line. It will be set so that
			 the suction pressure will not be reduced below ten pounds per square inch gauge
			 while the pump is operating.
(3) Booster pumps used for fire suppression,
			 also referred to as fire pumps, installed prior to August 8, 2008, which are
			 equipped with a low pressure cut-off as defined in paragraph (A)(1) of this
			 rule, are not required to be modified solely for the purpose of meeting the new
			 methods accepted after this date, under paragraph (A)(2) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-95 - Backflow Prevention and Cross-Connection Control › Section 3745-95-08 - Deny or discontinue water service

Current through all regulations passed and filed through July 1, 2024
(A) After reasonable notice to the occupant
			 thereof, the supplier of water shall deny or discontinue the water service to
			 any premises wherein any of the following occurs:
(1) A backflow preventer required by this
			 chapter is not installed, tested and maintained in a manner acceptable to the
			 supplier of water.
(2) The backflow
			 preventer has been removed or by-passed.
(3) An unprotected cross-connection exists on
			 the premises.
(4) A low pressure
			 cut-off, low suction throttling valve or variable speed suction limiting
			 control, as required by rule
			 3745-95-07 of the
			 Administrative Code, is not installed or maintained in working order.
(5) The supplier of water or the director, or
			 the authorized representative of either, is denied entry to determine
			 compliance with this chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-95 - Backflow Prevention and Cross-Connection Control › Section 3745-95-09 - Requirements for yard hydrants

Current through all regulations passed and filed through July 1, 2024
(A)
								The following
			 applies to yard hydrants that are used for human consumption and are installed
			 on a public water system:
(1)
									On the effective date of this rule, installation of
			 yard hydrants with weep holes is prohibited. Any new or replacement yard
			 hydrant installed shall meet the requirements of the "American Society of
			 Sanitary Engineers (ASSE) standard 1057, Performance Requirements for Freeze
			 Resistant Sanitary Yard Hydrants with Backflow Protection."
(2)
									Yard hydrants
			 with weep holes installed prior to the effective date of this rule shall have
			 the weep hole permanently sealed with a threaded plug supplied by the
			 manufacturer or another compatible threaded plug.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-96 - Annual Report to Customers by Community Water System › Section 3745-96-01 - Consumer confidence report applicability and definitions

Current through all regulations passed and filed through July 1, 2024
(A) This chapter
			 establishes the minimum requirements for the content of the annual report that
			 a community water system shall deliver to its customers. The report shall
			 contain information on the quality of the water delivered by the system and
			 characterize the risks from exposure to contaminants detected in the drinking
			 water in an accurate and understandable manner.
(B) Notwithstanding the provisions of
			 paragraph (G) of this rule and rule
			 3745-81-02 of the
			 Administrative Code, this chapter applies to community water systems as defined
			 in rule
			 3745-81-01
			 of the Administrative Code.
(C) For
			 the purpose of this chapter, "customers" are defined as service connections to
			 which water is delivered by a community water system.
(D) For the purpose of this chapter, detected
			 is defined as at or above the levels in the following rules:
(1) Paragraph (H) of rule
			 3745-81-23
			 of the Administrative Code for inorganic contaminants listed in paragraph (B)
			 of rule
			 3745-81-11
			 of the Administrative Code.
(2) Table 1 of appendix B to rule
			 3745-89-03
			 of the Administrative Code for inorganic chemicals nitrate, nitrite, chlorite,
			 and bromate.
(3)
			 Paragraph (A)(13) of rule
			 3745-81-24
			 of the Administrative Code for the volatile organic chemicals listed in
			 paragraph (D) of rule
			 3745-81-12
			 of the Administrative Code.
(4) Paragraphs (B)(14) and (B)(10)(c) of rule
			 3745-81-24
			 of the Administrative Code for the synthetic organic chemicals listed in
			 paragraph (E) of rule
			 3745-81-12
			 of the Administrative Code.
(5) Table 4 of appendix B to rule
			 3745-89-03
			 of the Administrative Code for radioactive contaminants.
(6) Tables 1, 2, and 3 of appendix B to rule
			 3745-89-03
			 of the Administrative Code for disinfectant residuals, total trihalomethanes
			 (TTHM), and haloacetic acids five (HAA5).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-96 - Annual Report to Customers by Community Water System › Section 3745-96-02 - Consumer confidence report - required content

Current through all regulations passed and filed through July 1, 2024
(A) Each community water system shall provide
			 to customers an annual report that contains the information specified in this
			 rule and rule
			 3745-96-03 of the Administrative
			 Code.
(B) All of the following
			 information on the source of the water delivered:
(1) Each report shall identify the sources of
			 the water delivered by the community water system by providing information on
			 each of the following as applicable:
(a) The
			 type of the water (e.g., surface water, ground water,
			 purchased).
(b) The commonly
			 used name (if any) and location of the body or bodies of water.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-96 - Annual Report to Customers by Community Water System › Section 3745-96-04 - Consumer confidence report delivery and recordkeeping

Current through all regulations passed and filed through July 1, 2024
(A) Each community
			 water system shall mail or otherwise directly deliver one copy of the report to
			 each customer.
(B) The community
			 water system shall make a good faith effort to reach consumers who do not
			 receive water bills. A good faith effort will be tailored to the consumers
			 who are served by the community water system but are not bill-paying customers,
			 such as renters and workers. A good faith effort to reach consumers
			 shall include a mix of methods appropriate to the particular system such as:
			 posting the reports on the internet; mailing to postal patrons in metropolitan
			 areas; advertising the availability of the report in the news media;
			 publication in a local newspaper; posting in public places such as cafeterias
			 or lunch rooms of public buildings; delivery of multiple copies for
			 distribution by single-biller customers such as apartment buildings
			 , condominium
			 complexes and large private employers; and
			 delivery to community organizations.
(C) By July first annually, each community
			 water system-shall provide to the director all of
			 the following information:
(1) A copy of the
			 report.
(2) A
			 distribution certification, on a form acceptable to the director, certifying
			 that the report has been distributed to customers, a good faith effort to reach
			 non-bill paying customers has been completed, and that the information is
			 correct and consistent with the compliance monitoring data previously submitted
			 to the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates 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
				this rule entitled "Referenced materials."]
Terms defined in sections 313(b)(1)(C) and 329 of Title III,
				Emergency Planning and Community Right-to-Know Act, of the Superfund Amendments
				and Reauthorization Act of 1986, and not explicitly defined herein are used
				within the meaning given in Title III. For the purpose of this chapter:
(A)
(1) "Act" means Title
			 III, Emergency Planning and Community Right-to-Know Act, of the Superfund
			 Amendments and Reauthorization Act of 1986, contained in
			 42
			 USC sections 11001 to
			 11050.
(2)
			 "Article" means a manufactured item which conforms to the following:
(a)
			 Is formed to a specific shape or design during manufacture.
(b)
			 Has end-use functions dependent in whole or part upon its shape or design
			 during end use.
(c) Does not release a toxic chemical under normal
			 conditions of processing or use of that item at the facility or
			 establishment.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-02 - Persons subject to this chapter

Current through all regulations passed and filed through July 1, 2024
Owners and operators of facilities described in rules
				3745-100-05
				and
				3745-100-09
				of the Administrative Code are subject to  this chapter. If the owner and operator of a facility
				are different persons, only one need report under rule
				3745-100-07
				of the Administrative Code or provide a notice under rule
				3745-100-09
				of the Administrative Code for each toxic chemical in a mixture or trade name
				product distributed from the facility. However, if no report is submitted or
				notice provided, the Ohio EPA will hold both the owner and the operator liable
				under section 3751.10 of the Revised Code,
				except as provided in paragraph (E) of rule
				3745-100-08 and
				paragraph (G) of rule
				3745-100-09
				of the Administrative Code.
Effective: 2/11/2017
Five Year
				Review (FYR) Dates: 10/20/2016 and
				02/11/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3751.02
Rule
				Amplifies: 3751.03
Prior
				Effective Dates: 6/22/1989, 1/16/06,
				09/15/2008
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-03 - Record keeping

Current through all regulations passed and filed through July 1, 2024
(A) Each person subject to the reporting
			 requirements of this chapter shall retain the following records for a period of
			 three years from the date of submission of a report under rule
			 3745-100-07
			 of the Administrative Code:
(1) A copy of
			 each report submitted by the person under rule
			 3745-100-07
			 of the Administrative Code.
(2) All
			 supporting materials and documentation used by the person to make the
			 compliance determination that the facility or establishments is a covered
			 facility under rule
			 3745-100-05
			 or
			 3745-100-09
			 of the Administrative Code.
(3)
			 Documentation supporting the report submitted under rule
			 3745-100-07
			 of the Administrative Code including the
			 following:
(a) Documentation supporting
			 any determination that a claimed allowable exemption under rule
			 3745-100-08 of the
			 Administrative Code applies.
(b)
			 Data supporting the determination of whether a threshold under rule
			 3745-100-06
			 of the Administrative Code applies for each toxic chemical.
(c) Documentation supporting the calculations
			 of the quantity of each toxic chemical released to the environment or
			 transferred to an off-site location.
(d) Documentation supporting the use
			 indications and quantity on-site reporting for each toxic chemical, including
			 dates of manufacturing, processing or use.
(e) Documentation supporting the basis of
			 estimate used in developing any release or off-site transfer estimates for each
			 toxic chemical.
(f) Receipts or
			 manifests associated with the transfer of each toxic chemical in waste to
			 off-site locations.
(g)
			 Documentation supporting reported waste treatment methods, estimates of
			 treatment efficiencies, ranges of influent concentrations to such treatment,
			 the sequential nature of treatment steps, if applicable, and the actual
			 operating data, if applicable, to support the waste treatment efficiency
			 estimate for each toxic chemical.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-04 - Compliance and enforcement

Current through all regulations passed and filed through July 1, 2024
Violators of  this chapter shall be liable for a civil penalty in an amount not
				to exceed twenty-five thousand dollars each day for each violation as provided
				in section 3751.10 of the Revised
				Code.
Effective: 2/11/2017
Five Year
				Review (FYR) Dates: 10/20/2016 and
				02/11/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3751.02
Rule
				Amplifies: 3751.03
Prior
				Effective Dates: 6/22/1989, 01/16/2006
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-06 - Thresholds for reporting

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates 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
				3745-100-01 of the
				Administrative Code titled "Referenced materials."]
Except as provided in rules
				3745-100-14
				and
				3745-100-16
				of the Administrative Code, the threshold amounts for purposes of reporting
				under rule
				3745-100-07
				of the Administrative Code for toxic chemicals are as follows:
(A) With respect to a toxic chemical
			 manufactured (including imported) or processed at a facility during the
			 following calendar years:
(1) 1987 -
			 seventy-five thousand pounds of the chemical manufactured or processed for the
			 year.
(2) 1988 - fifty thousand
			 pounds of the chemical manufactured or processed for the year.
(3) 1989 and thereafter - twenty-five
			 thousand pounds of the chemical manufactured or processed for the
			 year.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-09 - Notification about toxic chemicals

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates 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
				3745-100-01 of the
				Administrative Code titled "Referenced materials."]
(A) Except as provided in paragraphs (C), (D)
			 and (E) of this rule, and listed by the
			 administrator of USEPA under 40 CFR Part 372.65, a person shall notify
			 each person to whom the mixture or trade name product is sold or otherwise
			 distributed from the facility or establishment in accordance with paragraph (B)
			 of this rule if the person owns or operates a facility or establishment which
			 meets the following:
(1) Is in SIC codes 20 to
			 39 or a NAICS code that corresponds to SIC codes 20 to 39, as set forth in
			 paragraph (B) of rule
			 3745-100-17
			 of the Administrative Code.
(2)
			 Manufacturers (including imports) or processes a toxic chemical.
(3) Sells or otherwise distributes a mixture
			 or trade name product containing the toxic chemical to a facility described in
			 rule
			 3745-100-05
			 of the Administrative Code, or to a person who in turn may sell or otherwise
			 distribute such mixture or trade name product to a facility described in
			 paragraph (B) of rule
			 3745-100-05
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-10 - Applicable chemicals and chemical categories

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates 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
				3745-100-01 of the
				Administrative Code titled "Referenced materials."]
The requirements of this chapter apply
				to the chemicals and chemical categories listed by the administrator of USEPA
				under 40 CFR Part 372.65.
Replaces: 3745-100-10
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-11 - Toxic chemical release reporting form and instructions

Current through all regulations passed and filed through July 1, 2024
(A)
								Availability of reporting form and instructions. The
			 most current version of EPA form R and form R schedule 1 may be found on the
			 following USEPA program web site:
http://www.epa.gov/tri
. Any subsequent changes to the form R or form R schedule 1
			 will be posted on this web site. Submitters may also contact the TRI program at
			 (202) 564-9554 to obtain this information.
(B)
								Filing
			 requirements. Effective January 21, 2014, facilities that submit TRI reporting
			 forms (without claiming a trade secret), including revisions and withdrawals of
			 TRI reporting forms, to Ohio EPA shall prepare, certify, and submit the
			 facility's data to Ohio EPA electronically, using the TRI online-reporting
			 software provided by USEPA.
(1)
									Ohio EPA will no longer accept non-trade-secret TRI
			 reports, revisions, or withdrawals on paper reporting forms, magnetic media, or
			 CD-ROMs. Information and instructions regarding online reporting are available
			 on the USEPA TRI web site.
(2)
									Facilities shall
			 submit electronically any revisions or withdrawals of previously submitted TRI
			 reporting forms. Facilities may submit, revise, or withdraw TRI reporting forms
			 for reporting years 1991 through the present reporting year.
(3)
									The only
			 exception to the TRI electronic reporting requirement relates to TRI
			 submissions that claim a trade secret (including sanitized and unsanitized
			 reporting forms) and revisions and withdrawals of such TRI submissions, which
			 shall be submitted to USEPA on paper. Facilities may submit, revise, or
			 withdraw these paper trade secret (including sanitized and unsanitized) TRI
			 reporting forms for reporting years 1991 through the present reporting
			 year.
Replaces: 3745-100-11
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-13 - Trade secret claims

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates 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
				3745-100-01 of the
				Administrative Code titled "Referenced materials."]
The owner or operator of a facility subject to the reporting
				requirements that claims a trade secret shall conform to the following:
(A) A submitter making a trade secrecy claim
			 under this rule shall submit to entities other than USEPA (for example, the
			 Ohio EPA, local emergency planning committee and local fire department) only
			 the sanitized or public copy of the submission and substantiation.
(B) Method of asserting claims of trade
			 secrecy for information submitted under section 313 of the act.
(1) Submitters may claim as trade secret the
			 specific chemical identity, including the chemical name and other specific
			 identification, of any chemical subject to reporting under section
			 313.
(2) To make a claim, the
			 submitter shall submit to USEPA the rules adopted by
			 the administrator of USEPA in
			 40 CFR
			 350.5.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-15 - Alternate threshold certification and instructions

Current through all regulations passed and filed through July 1, 2024
Availability of the alternate threshold
				certification statement and instructions is the same as provided in rule
				3745-100-11
				of the Administrative Code for availability of the reporting form and
				instructions.
Replaces: 3745-100-15
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-16 - Lower thresholds for chemicals of special concern

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates 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
				3745-100-01 of the
				Administrative Code titled "Referenced materials."]
Notwithstanding rule
				3745-100-06
				or
				3745-100-14
				of the Administrative Code, the threshold amounts for manufacturing (including
				importing), processing, and otherwise using toxic chemicals are identified in
				40 CFR Part 372.28.
Replaces: 3745-100-16
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-101 - Transportation Conformity › Section 3745-101-13 - Requirements for adoption or approval of projects by other recipients of funds designated under Title 23 U.S.C. or the federal transit laws. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 11-3-06
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-02 - Applicability

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) Each of the following units shall be an
			 affected unit, and any source that includes such a unit shall be an affected
			 source, subject to the requirements of the acid rain program:
(1) A unit listed in Table 1 of
			 40 CFR
			 73.10(a).
(2) An existing unit that is identified in
			 Table 2 or 3 of 40 CFR
			 73.10 and any other existing utility unit,
			 except a unit under paragraph (B) of this rule.
(3) A utility unit, except a unit under
			 paragraph (B) of this rule, that meets any of the following:
(a) Is a new unit.
(b) Did not serve a generator with a
			 nameplate capacity greater than twenty-five MWe on November 15, 1990 but serves
			 such a generator after November 15, 1990.
(c) Was a simple combustion turbine on
			 November 15, 1990 but adds or uses auxiliary firing after November 15,
			 1990.
(d) Was an exempt
			 cogeneration facility under paragraph (B)(4) of this rule but during any three
			 calendar year period after November 15, 1990 sold, to a utility power
			 distribution system, an annual average of more than one-third of its potential
			 electrical output capacity and more than two hundred nineteen thousand MWe-hrs
			 electric output, on a gross basis.
(e) Was an exempt qualifying facility under
			 paragraph (B)(5) of this rule but, at any time after the later of November 15,
			 1990 or the date the facility commences commercial operation, fails to meet the
			 definition of qualifying facility.
(f) Was an exempt independent power
			 production facility under paragraph (B) (6) of this rule but, at any time after
			 the later of November 15, 1990 or the date the facility commences commercial
			 operation, fails to meet the definition of independent power production
			 facility.
(g) Was an exempt solid
			 waste incinerator under paragraph (B)(7) of this rule but during any three
			 calendar year period after November 15, 1990 consumes twenty per cent or more
			 (on a Btu basis) fossil fuel.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-03 - New units exemption

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) Applicability. This rule applies to any
			 new utility unit that has not previously lost an exemption and meets all of the
			 following:
(1) Serves during the entire year
			 (except for any period before the unit commenced commercial operation) one or
			 more generators with total nameplate capacity of twenty-five MWe or
			 less.
(2) Burns fuel that does not
			 include any coal or coal-derived fuel (except coal-derived gaseous fuel with a
			 total sulfur content no greater than natural gas).
(3) Burns gaseous fuel with an annual average
			 sulfur content of 0.05 per cent or less by weight and nongaseous fuel with an
			 annual average sulfur content of 0.05 per cent or less by weight (as determined
			 under paragraph (D) of this rule).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-04 - Retired units exemption

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) This rule applies to any affected unit
			 (except for an opt-in source) that is permanently retired.
(B) Provisions.
(1) Any affected unit (except for an opt-in
			 source) that is permanently retired 
									is exempt from the acid rain program,
			 except for the provisions of this rule, rules
			 3745-103-01 and
			 3745-103-02 of the
			 Administrative Code, and 40 CFR Part 73, Subpart B.
(2) The exemption under paragraph (B)(1) of
			 this rule 
									becomes effective on January first of the first
			 full calendar year during which that the unit is permanently retired. By
			 December thirty-first of the first year that the unit is to be exempt under
			 this rule, the designated representative (authorized in accordance with rule
			 3745-103-06 of the
			 Administrative Code), or, if no designated representative has been authorized,
			 a certifying official of each owner of the unit shall submit a statement to the
			 director. A copy of the statement shall be submitted to USEPA. The statement
			 shall state (in a format prescribed by the USEPA) that the unit is permanently
			 retired and is complying with the requirements of paragraph (D) of
			 this rule.
(3) After receipt of the
			 notice under paragraph (B)(2) of this rule, the director shall amend under rule
			 3745-103-18 of the
			 Administrative Code the operating permit covering the source at which the unit
			 is located, if the source has such a permit, to add the provisions and
			 requirements of the exemption under paragraphs (B) (1) and (D) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-05 - Standard requirements

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) Permit requirements.
(1) The designated representative of each
			 affected source and each affected unit at the source shall do both of the
			 following:
(a) Submit a complete acid rain
			 permit application under this chapter in accordance with the deadlines
			 specified in rule
			 3745-103-07 of the
			 Administrative Code.
(b) Submit
			 within thirty days after notification by the director any supplemental
			 information that the director determines is necessary in order to review an
			 acid rain permit application and issue or deny an acid rain permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-06 - Designated representative

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) Submissions.
(1) Each submission under the acid rain
			 program shall be submitted, signed, and certified by the designated
			 representative for all sources on behalf of which the submission is
			 made.
(2) In each submission under
			 the acid rain program, the designated representative shall certify, by the
			 representative's signature, the following statements,
			 which shall be included verbatim in such submission:
(a)
										 "I am
			 authorized to make this submission on behalf of the owners and operators of the
			 source or units for which the submission is made."
(b)
										 "I
			 certify under penalty of law that I have personally examined, and am familiar
			 with, the statements and information submitted in this document and all its
			 attachments. Based on my inquiry of those individuals with primary
			 responsibility for obtaining the information, I certify that the statements and
			 information are to the best of my knowledge and belief true, accurate, and
			 complete. I am aware that there are significant penalties for submitting false
			 statements and information or omitting required statements and information,
			 including the possibility of fine or imprisonment."
(3) The director shall accept or act on a
			 submission made on behalf of owners or operators of an affected source and an
			 affected unit only if the submission has been made, signed, and certified in
			 accordance with paragraphs 
									(A)(1) and (A)(2) of this rule.
(4) The designated representative of a source
			 shall serve notice on each owner and operator of the source and of an affected
			 unit at the source all of the following:
(a)
			 By the date of submission, of any acid rain program submissions by the
			 designated representative.
(b)
			 Within ten business days of receipt of a determination, of any written
			 determination by the USEPA or the Ohio EPA.
(c) Provided that the submission or
			 determination covers the source or the unit.
(5) The designated representative of a source
			 shall provide each owner and operator of an affected unit at the source a copy
			 of any submission or determination under paragraph (A)(4) of this rule, unless
			 the owner or operator expressly waives the right to receive such a
			 copy.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-08 - Permit application shield and binding effect of permit application

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) Once a designated representative submits
			 a timely and complete acid rain permit application, the owners and operators of
			 the affected source and the affected units covered by the permit application
			 shall be deemed in compliance with the requirement to have an acid rain permit
			 under paragraph (A)(2) of rule
			 3745-103-05 and paragraph (A)(1)
			 of rule 3745-103-07 of the
			 Administrative Code; provided that any delay in issuing an acid rain permit is
			 not caused by the failure of the designated representative to submit in a
			 complete and timely fashion supplemental information, as required by the
			 director, necessary to issue a permit.
(B) Prior to the earlier of the date on which
			 an acid rain permit is issued or denied, an affected unit governed by and
			 operated in accordance with the terms and requirements of a timely and complete
			 acid rain permit application shall be deemed to be operating in compliance with
			 the acid rain program.
(C) A
			 complete acid rain permit application shall be binding on the owners and
			 operators and the designated representative of the affected source and the
			 affected units covered by the permit application and shall be enforceable as an
			 acid rain permit from the date of submission of the complete permit application
			 until the issuance or denial of such permit.
(D) If a permit is appealed under 40 CFR Part
			 78, issuance or denial of the permit shall occur when the USEPA takes final
			 action subject to judicial review.
(E) 40 CFR Part 78 
								governs
			 appeals of any final decision of the USEPA under 40 CFR Parts 72, 73, 74, 75,
			 76, and 77; provided that matters listed in paragraph (d) of
			 40 CFR
			 78.3 and preliminary, procedural, or
			 intermediate decisions, such as draft acid rain permits, may not be
			 appealed.
(F) Filing an appeal, and
			 exhausting administrative remedies, under 40 CFR Part 78 shall be a
			 prerequisite to seeking judicial review. Final USEPA action occurs only when a
			 decision appealable under 40 CFR Part 78 is issued and the procedures for
			 appealing the decision are exhausted.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-09 - Acid rain compliance plan and compliance options

Current through all regulations passed and filed through July 1, 2024
(A) The compliance plan may include a NOx averaging plan under rule
			 3745-103-63
			 of the Administrative Code and
			 both of the following:
(1) A plan for a compliance option that
			 includes units at more than one affected source shall be complete only if
			 both of the following apply:
(a) Such plan is signed and certified by the
			 designated representative for each source with an affected unit governed by
			 such plan.
(b) A
			 complete permit application is submitted covering each unit governed by such
			 plan.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-11 - Acid rain permit

Current through all regulations passed and filed through July 1, 2024
(A) Contents.
Each acid rain permit, including any draft or proposed acid
				rain permit, shall contain all of the
				following elements:
(1) All elements
			 required for a complete acid rain permit application under rule
			 3745-103-07
			 of the Administrative Code, as approved or adjusted by the director.
(2) The applicable acid rain emissions
			 limitation for sulfur dioxide.
(3) The
			 applicable acid rain emissions limitation for nitrogen oxides.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-12 - Permit shield

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."]
Each affected unit operated in accordance with the acid rain
				permit that governs the unit and that was issued in conjunction with Title IV
				of the Clean Air Act, as provided in rules
				3745-103-01
				to
				3745-103-21
				of the Administrative Code, and 40 CFR Parts 72, 73, 74, 75, 76, 77, and 78,
				shall be deemed to be operating in compliance with the acid rain program,
				except as provided in paragraph (G)(6) of rule
				3745-103-05
				of the Administrative Code.
Effective: 10/20/2017
Five Year
				Review (FYR) Dates: 7/31/2017 and
				07/31/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3704.03(E)
Rule Amplifies:
				3704.03(A),
				3704.03(E)
Prior Effective Dates: 9/10/97, 6/27/02, 1/12/07,
				11/10/11
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-13 - Issuance of acid rain permits

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) State permit issuance.
(1) The Ohio EPA shall be responsible for
			 administering and enforcing acid rain permits effective in phase II for all
			 affected sources that meet both of the following:
(a)
										The source is located in the
			 geographic area covered by the operating permits program.
(b) To the extent that the accepted state
			 acid rain program is applicable.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-14 - Acid rain permit appeal procedures

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) The USEPA may intervene as a matter of
			 right in any administrative appeal of an acid rain permit or denial of an acid
			 rain permit.
(B) No administrative
			 appeal concerning an acid rain requirement shall result in a stay of
			 any of the following requirements:
(1) The allowance allocations for any year
			 during which the appeal proceeding is pending or is being conducted.
(2) Any standard requirement under rule
			 3745-103-05
			 of the Administrative Code.
(3) The emissions monitoring and reporting
			 requirements applicable to the affected units at an affected source under 40
			 CFR Part 75.
(4)
			 Uncontested provisions of the decision on appeal.
(5) The terms of a certificate of
			 representation submitted by a designated representative under 40 CFR Part 72,
			 Subpart B.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-15 - Permit revisions

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) This rule 
								governs
			 revisions to any acid rain permit issued by the director and the acid rain
			 portion of any operating permit issued by the director.
(B) Notwithstanding the operating permit
			 revision procedures specified in 40 CFR Parts 70 and 71 and rule
			 3745-77-08 of the Administrative
			 Code, the provisions of this rule and rules
			 3745-103-14 and
			 3745-103-16 to
			 3745-103-20 of the
			 Administrative Code  govern revision
			 of any acid rain program permit provision.
(C) The terms of the existing acid rain
			 permit  apply while the permit
			 revision is pending, except as provided in rule
			 3745-103-18 of the
			 Administrative Code for administrative permit amendments.
(D) The standard requirements of rule
			 3745-103-05 of the
			 Administrative Code shall not be modified or voided by a permit
			 revision.
(E) Any permit revision
			 involving incorporation of a compliance option that was not submitted for
			 approval and comment during the permit issuance process, or involving a change
			 in a compliance option that was previously submitted, shall meet the
			 requirements for applying for such compliance option under rules
			 3745-103-22 to
			 3745-103-66 of the
			 Administrative Code.
(F) Any
			 designated representative who fails to submit any relevant information or who
			 has submitted incorrect information in a permit revision shall, upon becoming
			 aware of such failure or incorrect submittal, promptly submit such
			 supplementary information or corrected information to the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-16 - Permit modifications

Current through all regulations passed and filed through July 1, 2024
(A) Permit modifications shall
			 meet both of the following:
(1) Follow the permit issuance requirements
			 of rule
			 3745-103-13
			 of the Administrative Code and the Ohio EPA's permit regulations adopted under
			 rule
			 3745-77-07 of the
			 Administrative Code.
(2) For
			 purposes of applying paragraph (A)(1) of this rule, be treated as acid rain
			 permit applications, to the extent consistent with paragraphs (B) and (C) of
			 rule
			 3745-103-15 of
			 the Administrative Code.