reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-17 - Fast-track modifications

Current through all regulations passed and filed through July 1, 2024
(A)
			 Fast-track modifications shall follow the following procedures:
(1) The designated representative shall serve
			 a copy of the fast-track modification on the USEPA, the director, and any
			 person entitled to a written notice of a draft permit under the Ohio EPA's
			 permit regulations adopted under rule
			 3745-77-08 of the Administrative
			 Code
									and
			 within five business days of serving such copies,
			  also
			 give public notice by publication in a newspaper of general circulation in the
			 area where the source is located or in a state publication designed to give
			 general public notice.
(2) The
			 public shall have a period of thirty days, commencing on the date of
			 publication of the notice, to comment on the fast-track modification. Comments
			 shall be submitted  to the
			 director and to the designated representative.
(3) The designated representative shall
			 submit the fast-track modification to the director on or before commencement of
			 the public comment period.
(4)
			 Within ninety days of the close of the public comment period, the Ohio EPA
			 shall consider the fast-track modification and the comments received and
			 approve, in whole or in part or with changes or conditions as appropriate, or
			 disapprove the modification. A fast-track modification shall be subject to the
			 same provisions for review by the USEPA and the director as are applicable to a
			 permit modification under rule
			 3745-103-16 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-19 - Automatic permit amendment

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."]
The following permit revisions shall be deemed to amend
				automatically, and become a part of the affected unit's acid rain permit by
				operation of law without any further review:
(A) Upon recordation by the USEPA under 40
			 CFR Part 73, all allowance allocations to, transfers to, and deductions from an
			 affected unit's allowance tracking system account.
(B) Incorporation of an offset plan that has
			 been approved by the USEPA under 40 CFR Part 77.
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, 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 3745-103-20 - Permit reopenings

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 director shall reopen an acid rain
			 permit for cause whenever any of the following occur:
(1) Any additional requirement under the acid
			 rain program becomes applicable to any affected unit governed by the
			 permit.
(2) The director determines
			 that the permit contains a material mistake or that an inaccurate statement was
			 made in establishing the emissions standards or other terms or conditions of
			 the permit, unless the mistake or statement is corrected in accordance with
			 rule 3745-103-18 of the
			 Administrative Code.
(3) The
			 director determines that the permit 
									requires revision or
			 revocation to assure compliance with acid rain program
			 requirements.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-21 - Units with repowering extension plans

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) Removal from operation to repower. The
			 designated representative of a unit governed by an approved repowering plan
			 shall notify the USEPA and the Ohio EPA in writing at least sixty days in
			 advance of the date on which the existing unit is to be removed from operation
			 so that the qualified repowering technology can be installed, or is to be
			 replaced by another unit with the qualified repowering technology, in
			 accordance with the plan.
(B)
			 Commencement of operation. Not later than sixty days after the units repowered
			 under an approved repowering plan commences operation at full load, the
			 designated representative of the unit shall submit a report to the USEPA and
			 the Ohio EPA comparing the actual hourly emissions and per cent removal of each
			 pollutant controlled at the unit to the actual hourly emissions and per cent
			 removal at the existing unit under the plan prior to repowering, determined in
			 accordance with 40 CFR Part 75.
(C)
			 Decision to terminate. If at any time before the end of the repowering
			 extension and before completion of construction and start-up testing, the
			 owners and operators decide to terminate good faith efforts to design,
			 construct, and test the qualified repowering technology on the unit to be
			 repowered under an approved repowering plan, then the designated representative
			 shall submit a notice to the USEPA and the Ohio EPA by the earlier of the end
			 of the repowering extension or a date within thirty days of such decision,
			 stating the date on which the decision was made.
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, 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 3745-103-22 - Opt-in purpose and scope

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."]
The purpose of rules 3745-103-22 to
				3745-103-54 of the
				Administrative Code is to establish the requirements and procedures for
				both of the following:
(A) The election of a combustion or process
			 source that emits sulfur dioxide to become an affected unit under the acid rain
			 program, pursuant to section 410 of the Clean Air Act.
(B) Issuing and modifying operating permits;
			 certifying monitors; and allocating, tracking, transferring, surrendering and
			 deducting allowances for combustion or process sources electing to become
			 affected units.
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 3745-103-23 - Opt-in applicability

Current through all regulations passed and filed through July 1, 2024
Combustion or process sources that are not affected units under
				rule
				3745-103-02 of the
				Administrative Code and that operate and are located in the state of Ohio may
				submit an opt-in permit application to become opt-in sources upon issuance of
				an opt-in permit. Units for which an exemption under rule
				3745-103-03
				or
				3745-103-04
				of the Administrative Code is in effect and combustion or process sources that
				are not operating are not eligible to submit an opt-in permit application to
				become opt-in sources.
Five Year Review (FYR) Dates:
				07/31/2017 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
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-24 - Opt-in relationship to the acid rain program 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) General.
(1) For purposes of applying 40 CFR Parts 72,
			 73, 75, 77 and 78, each opt-in source shall be treated as an affected
			 unit.
(2) 40 CFR Part 72 Subparts
			 A, B, G, and H, and rules
			 3745-103-01,
			 3745-103-02,
			 3745-103-03,
			 3745-103-04, and
			 3745-103-05 of the
			 Administrative Code,  apply to this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-25 - Opt-in designated representative

Current through all regulations passed and filed through July 1, 2024
(A) The provisions of rule
			 3745-103-06 of the
			 Administrative Code  apply to the
			 designated representative of an opt-in source.
(B) If a combustion or process source is
			 located at the same facility as one or more affected units, the combustion or
			 process source shall have the same designated representative as the other
			 affected units at the facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-26 - Roles - USEPA and director

Current through all regulations passed and filed through July 1, 2024
(A) USEPA responsibilities. The USEPA shall
			 be responsible for all of the following
			 activities under the opt-in provisions of the acid rain program:
(1) Calculating the baseline or alternative
			 baseline and allowance allocation, and allocating allowances for combustion or
			 process sources that become affected units under this rule.
(2) Certifying or recertifying monitoring
			 systems for combustion or process sources as provided under rules
			 3745-103-52
			 to
			 3745-103-54 of the
			 Administrative Code.
(3)
			 Establishing allowance accounts, tracking allowances, assessing end-of-year
			 compliance, determining reduced utilization, approving thermal energy transfer
			 and accounting for the replacement of thermal energy, closing accounts for
			 opt-in sources that shut down, are reconstructed, become affected under rule
			 3745-103-02 of the
			 Administrative Code, or fail to renew their opt-in permit, and deducting
			 allowances as provided under rules
			 3745-103-41
			 to
			 3745-103-51
			 of the Administrative Code.
(4)
			 Ensuring that the opt-in source meets all withdrawal conditions prior to
			 withdrawal from the acid rain program as provided in rule
			 3745-103-31 of
			 the Administrative Code.
(5)
			 Approving and disapproving the request to withdraw from the acid rain
			 program.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-27 - Opt-in permit contents

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 opt-in permit shall be included in
			 the acid rain permit.
(B) Scope.
			 The opt-in permit provisions  apply
			 only to the opt-in source and not to any other affected units.
(C) Contents. Each opt-in permit, including
			 any draft or proposed opt-in permit, shall contain all of the following
			 elements in a format specified by the USEPA:
(1) All elements required for a complete
			 opt-in permit application as provided in rule
			 3745-103-29 of the
			 Administrative Code for combustion sources or in rule
			 3745-103-30 of the
			 Administrative Code for process sources or, if applicable, all elements
			 required for a complete opt-in permit renewal application as provided in rule
			 3745-103-32 of the
			 Administrative Code for combustion sources or rule
			 3745-103-30 of the
			 Administrative Code for process sources.
(2) The allowance allocation for the opt-in
			 source as determined by the USEPA under rules
			 3745-103-33 to
			 3745-103-39 of the
			 Administrative Code for combustion sources or under rules
			 3745-103-40 to
			 3745-103-51 of the
			 Administrative Code for process sources.
(3) The standard permit requirements as
			 provided under rule
			 3745-103-05 of the
			 Administrative Code, except that the provisions in paragraph (D) of rule
			 3745-103-05 of the
			 Administrative Code shall not be included in the opt-in permit.
(4) Termination. The provision that
			 participation of a combustion or process source in the acid rain program may be
			 terminated only in accordance with rules
			 3745-103-31,
			 3745-103-47, and
			 3745-103-51 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-29 - Opt-in application requirements for combustion sources

Current through all regulations passed and filed through July 1, 2024
(A) Opt-in permit
			 application. Each complete opt-in permit application for a combustion source
			 shall contain all of the following elements in a format prescribed by the
			 USEPA:
(1) Identification of the combustion
			 source, including company name, plant name, plant site address, mailing
			 address, description of the combustion source, and information and diagrams on
			 the combustion source's configuration.
(2) Identification of the designated
			 representative, including name, address, telephone or
			 facsimile number, or other forms of electronic
			 communication.
(3) The year
			 and month the combustion source commenced operation.
(4) The number of hours the combustion source
			 operated in the six months preceding the opt-in permit application and
			 supporting documentation.
(5) The
			 baseline or alternative baseline data under rule
			 3745-103-33
			 of the Administrative Code.
(6) The
			 actual SO2 emissions rate under rule
			 3745-103-34
			 of the Administrative Code.
(7) The
			 allowable 1985 SO2 emissions rate under rule
			 3745-103-35
			 of the Administrative Code.
(8) The
			 current allowable SO2 emissions rate under rule
			 3745-103-36
			 of the Administrative Code.
(9) The
			 current promulgated SO2 emissions rate under rule
			 3745-103-37
			 of the Administrative Code.
(10) If
			 the combustion source seeks to qualify for a transfer of allowances from the
			 replacement of thermal energy, a thermal energy plan as provided in rule
			 3745-103-48
			 of the Administrative Code for combustion sources.
(11) A statement whether the combustion
			 source was previously an affected unit under this rule.
(12) A statement that the combustion source
			 is not an affected unit under rule
			 3745-103-02 of the
			 Administrative Code and does not have an exemption under rule
			 3745-103-03
			 or
			 3745-103-04
			 of the Administrative Code.
(13) A
			 complete compliance plan for SO2 under rule
			 3745-103-09
			 of the Administrative Code.
(14)
			 The following statement signed by the designated representative of the
			 combustion source: "I certify that the data submitted under rules
			 3745-103-33
			 to
			 3745-103-39
			 of the Administrative Code reflects actual operations of the combustion source
			 and has not been adjusted in any way."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-31 - Opt-in withdrawal

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) Withdrawal through administrative
			 amendment. An opt-in source may request to withdraw from the acid rain program
			 by submitting an administrative amendment under rule
			 3745-103-18 of the
			 Administrative Code; provided that the amendment will be treated as received by
			 the director upon issuance of the notification of the acceptance of the request
			 to withdraw under paragraph (F)(1) of this rule.
(B) Requesting withdrawal. To withdraw from
			 the acid rain program, the designated representative of an opt-in source shall
			 submit to the USEPA and the director a request to withdraw effective January
			 first of the year after the year in which the submission is made. The
			 submission shall be made no later than December first of the calendar year
			 preceding the effective date of withdrawal.
(C) Conditions for withdrawal. In order for
			 an opt-in source to withdraw, the following conditions
			 
								shall be
			 met:
(1) By no later than January thirtieth of
			 the first calendar year in which the withdrawal is to be effective, the
			 designated representative 
									shall submit to the USEPA an annual compliance
			 certification report pursuant to rule
			 3745-103-44 of the
			 Administrative Code.
(2) If the
			 opt-in source has excess emissions in the calendar year before the year for
			 which the withdrawal is to be in effect, the designated representative
			 
									shall
			 submit an offset plan for excess emissions, pursuant to 40 CFR Part 77, that
			 provides for immediate deduction of allowances.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-32 - Revision and renewal of opt-in permit

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 designated representative of an
			 opt-in source may submit revisions to its opt-in permit in accordance with
			 rules 3745-103-16 to
			 3745-103-20 of the
			 Administrative Code.
(B) The
			 designated representative of an opt-in source may renew its opt-in permit by
			 meeting the following requirements:
(1) In
			 order to renew an opt-in permit if the director is the permitting authority for
			 the renewed permit, the designated representative of an opt-in source
			 
									shall
			 submit to the director an opt-in permit application at least eighteen months
			 prior to the expiration of an existing opt-in permit or such shorter time as
			 may be approved for operating permits under rule
			 3745-77-08 of the Administrative
			 Code.
(2) Each complete opt-in
			 permit application submitted to renew an opt-in permit shall contain the
			 following elements in a format prescribed by the USEPA:
(a) Elements contained in the opt-in source's
			 initial opt-in permit application as specified under paragraphs (A)(1), (A)(2),
			 (A)(10), (A)(12), and (A)(13) of rule
			 3745-103-29 of the
			 Administrative Code.
(b) An updated
			 monitoring plan, if applicable under
			 40 CFR
			 75.53(b).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-33 - Opt-in data for baseline and alternative baseline

Current through all regulations passed and filed through July 1, 2024
(A) Acceptable data.
(1) The designated representative of a
			 combustion source shall submit either the baseline data specified in paragraphs
			 (A)(2) and (A)(3) of this rule or alternative baseline data under paragraph (C)
			 of this rule. The designated representative shall also submit the calculations
			 under this rule based on such data.
(2) The following baseline data shall be
			 submitted for the combustion source for the calendar year under paragraph
			 (A)(3) of this rule:
(a) Monthly or annual
			 quantity of each type of fuel consumed, expressed in thousands of tons for
			 coal, thousands of barrels for oil, and million standard cubic feet for natural
			 gas. 
										For other
			 fuels, specify the units of measure.
(b) Monthly or annual heat content of fuel
			 consumed for each type of fuel consumed, expressed in Btu per pound for coal,
			 Btu per barrel for oil, and Btu per standard cubic foot for natural gas.
			 
										For other fuels,
			 specify the units of measure.
(c) Monthly or annual sulfur content of fuel
			 consumed for each type of fuel consumed, expressed as a percentage by
			 weight.
(3) Calendar
			 years.
(a) For combustion sources that
			 commenced operating prior to January 1, 1985, data under this rule shall be
			 submitted for calendar years 1985, 1986, and 1987.
(b) For combustion sources that commenced
			 operation after January 1, 1985, the data under this rule shall be submitted
			 for the first three consecutive calendar years during which the combustion
			 source operated after December 31, 1985.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-34 - Actual SO[2] emissions rate

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) Data requirements. The designated
			 representative of a combustion source shall submit the calculations under this
			 rule based on data submitted under rule
			 3745-103-33 of the
			 Administrative Code for the following calendar year:
(1) For combustion sources that commenced
			 operation prior to January 1, 1985, the calendar year for calculating the
			 actual SO2 emissions rate 
									is
			 1985.
(2) For combustion sources
			 that commenced operation after January 1, 1985, the calendar year for
			 calculating the actual SO2 emissions rate
			 
									is
			 the first year of the three consecutive calendar years of the alternative
			 baseline under paragraph (B)(2) of rule
			 3745-103-33 of the
			 Administrative Code.
(3) For
			 combustion sources meeting the requirements of paragraph (C) of rule
			 3745-103-33 of the
			 Administrative Code, the calendar year for calculating the actual
			 SO2 emissions rate 
									is the first year of the three
			 consecutive calendar years to be used as alternative data under paragraph (C)
			 of rule 3745-103-33 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-35 - 1985 allowable SO[2] emissions rate

Current through all regulations passed and filed through July 1, 2024
(A) Data requirements. The designated
			 representative of the combustion source shall submit the following data and the
			 calculations under paragraph (C) of this rule based on the submitted data:
(1) Allowable SO2
			 emissions rate of the combustion source expressed in pounds per MMBtu as
			 defined under rule
			 3745-103-01 of the
			 Administrative Code for the calendar year specified in paragraph (B) of this
			 rule. If the allowable SO2  emissions rate is not
			 expressed in pounds per MMBtu, the allowable emissions rate shall be converted
			 to pounds per MMBtu by multiplying the emissions rate by the appropriate factor
			 as specified in Table 1 of this rule.
Table 1: Factors to convert emission limits to pounds of
				SO2/MMBtu
Unit Measurement
Bituminous Coal
Subbituminous Coal
Lignite Coal
Oil
lbs sulfur/MMBtu
2.0
2.0
2.0
2.0
% sulfur in fuel
1.66
2.22
2.86
1.07
PPM SO2
0.00287
0.00384
0.00167
PPM sulfur in fuel
--
--
--
0.00334
Tons SO2/hour
2 X 8760 /(annual fuel consumption for specified
						  year1 * 103)
lbs SO2/hour
8760 /(annual fuel consumption for specified
						  year1 * 106)
1 Annual fuel consumption as defined
				under paragraph (B)(1) or (B)(2) of rule
				3745-103-33 of the
				Administrative Code; specified calendar year as defined under paragraph (A)(2)
				of rule 3745-103-35 of the
				Administrative Code.
(2)
			 Citation of statute, regulations, and any other authority under which the
			 allowable emissions rate under paragraph (A)(1) of this rule is established as
			 applicable to the combustion source.
(3) Averaging time associated with the
			 allowable emissions rate under paragraph (A) (1) of this rule.
(4) The annualization factor for the
			 combustion source, based on the type of combustion source and the associated
			 averaging time of the allowable emissions rate of the combustion source, as set
			 forth in the Table 2 of this rule:
Table 2: Annualization factors for SO2
				emission rates
Type of Combustion Source
Annualization Factor for Scrubbed Unit
Annualization Factor for Unscrubbed Unit
Unit combusting oil, gas, or some
						  combination
1.00
1.00
Coal unit with averaging time < = 1
						  day
0.93
0.89
Coal unit with averaging time = 1 week
0.97
0.92
Coal unit with averaging time = 30 days
1.00
0.96
Coal unit with averaging time = 90 days
1.00
1.00
Coal unit with averaging time = 1 year
1.00
1.00
Coal unit with federal limit, but averaging time not
						  specified
0.93
0.89
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-36 - Current allowable SO[2] emissions rate

Current through all regulations passed and filed through July 1, 2024
The designated representative shall submit the following data:
(A) Current allowable
			 SO2 emissions rate of the combustion source, expressed
			 in pounds per MMBtu, which shall be the most stringent federally enforceable
			 emissions limit in effect as of the date of submission of the opt-in
			 application. If the allowable SO2  emissions rate is not
			 expressed in pounds per MMBtu, the allowable emissions rate shall be converted
			 to pounds per MMBtu by multiplying the allowable rate by the appropriate factor
			 as specified in Table 1 of rule
			 3745-103-35
			 of the Administrative Code.
(B)
			 Citations of statute, regulation, and any other authority under which the
			 allowable emissions rate under paragraph (A) of this rule is established as
			 applicable to the combustion source.
(C) Averaging time associated with the
			 allowable emissions rate under paragraph (A) of this rule.
Five Year Review (FYR) Dates:
				07/31/2017 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,
				1/12/07
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-37 - Current promulgated SO[2] emissions limit

Current through all regulations passed and filed through July 1, 2024
The designated representative shall submit the following data:
(A) Current promulgated
			 SO2 emissions limit of the combustion source, expressed
			 in pounds per MMBtu, which shall be the most stringent federally enforceable
			 emissions limit that has been promulgated as of the date of submission of the
			 opt-in permit application and that either is in effect on that date or will
			 take effect after that date. If the promulgated SO2
			 emissions limit is not expressed in pounds per MMBtu, the limit shall be
			 converted to pounds per MMBtu by multiplying the limit by the appropriate
			 factor as specified in Table 1 of rule
			 3745-103-35
			 of the Administrative Code.
(B)
			 Citations of statute, regulation and any other authority under which the
			 emissions limit under paragraph (A) of this rule is established as applicable
			 to the combustion source.
(C)
			 Averaging time associated with the emissions limit under paragraph (A) of this
			 rule.
(D) Effective date of the
			 emissions limit under paragraph (A) of this rule.
Five Year Review (FYR) Dates:
				07/31/2017 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,
				1/12/07
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-38 - Opt-in allocation formula

Current through all regulations passed and filed through July 1, 2024
The USEPA will calculate the annual allowance allocation for a
				combustion source based on the data, corrected as necessary, under rules
				3745-103-33 to
				3745-103-37 of the
				Administrative Code as follows:
(A)
			 For combustion sources for which the current promulgated
			 SO2 emissions limit under rule
			 3745-103-37 of the
			 Administrative Code is greater than or equal to the current allowable
			 SO2 emissions rate under rule
			 3745-103-36 of the
			 Administrative Code, the number of allowances allocated for each year equals:
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(B)
			 For combustion sources for which the current promulgated
			 SO2 emissions limit under rule
			 3745-103-37 of the
			 Administrative Code is less than the current allowable
			 SO2 emissions rate under rule
			 3745-103-36 of the
			 Administrative Code,
(1) The number of
			 allowances for each year ending prior to the effective date of the promulgated
			 SO2 emissions limit equals:
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(2)
			 The number of allowances for the year that includes the effective date of the
			 promulgated SO2 emissions limit and for each year
			 thereafter equals:
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Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-39 - Allowance allocation for combustion sources becoming opt-in sources on a date other than January first

Current through all regulations passed and filed through July 1, 2024
(A) Date
			 of entry.
(1) If an opt-in source provided
			 monthly data under rule
			 3745-103-33 of the
			 Administrative Code, the opt-in source's opt-in permit may become effective at
			 the beginning of a calendar quarter as of January first, April first, July
			 first, or October first.
(2) If an
			 opt-in source provided annual data under rule
			 3745-103-33 of the
			 Administrative Code, the opt-in source's opt-in permit
			 
									becomes
			  effective on January first.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-41 - Establishment of opt-in source allowance accounts

Current through all regulations passed and filed through July 1, 2024
(A) Establishing accounts. Not earlier than
			 the date on which a combustion or process source becomes an affected unit under
			 this chapter and upon receipt of a request for a compliance account under
			 paragraph (B) of this rule, the USEPA will establish a compliance account
			 (unless the source that includes the opt-in source already has a compliance
			 account) and allocate allowances in accordance with rules
			 3745-103-33 to
			 3745-103-39 of the
			 Administrative Code for combustion sources or rule
			 3745-103-40 of the
			 Administrative Code for process sources.
(B) Request for opt-in account.
			 On or after the
			 effective date of the opt-in permit as specified in paragraph (D) of rule
			 3745-103-28 of the
			 Administrative Code, the designated representative of the opt-in source
			 shall,  submit a letter to the
			 USEPA requesting the opening of a compliance account (unless the source
			 that includes the opt-in source already has a compliance account) in the
			 allowance tracking system .
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-42 - Identifying allowances

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) Identifying allowances. Allowances
			 allocated to an opt-in source shall be assigned a serial number that identifies the
			 allowances as being allocated under an opt-in permit.
(B) Submittal of opt-in allowances for
			 auction.
(1) An authorized account
			 representative may offer for sale in the spot auction under
			 40 CFR
			 73.70 allowances that are allocated to opt-in
			 sources, if the allowances have a compliance use date earlier than the year in
			 which the spot auction is to be held and if the USEPA has completed the
			 deductions for compliance under
			 40
			 CFR 73.35(b) for the
			 compliance year corresponding to the compliance use date of the offered
			 allowances.
(2) Authorized account
			 representatives may not offer for sale in the advance auctions under
			 40 CFR
			 73.70 allowances allocated to opt-in
			 sources.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-43 - Prohibition on future year transfers

Current through all regulations passed and filed through July 1, 2024
(A) With regard to a transfer request
			 submitted for recordation during the period starting January first and ending
			 with the allowance transfer deadline in the same year, the USEPA
			 shall not
			 record a transfer of an opt-in allowance that is allocated to an opt-in source
			 for the year in which the transfer request is submitted or a subsequent year.
(B) With regard to a transfer
			 request during the period starting with the day after an allowance transfer
			 deadline and ending December thirty-first in the same year, the USEPA
			 shall not
			 record a transfer of an opt-in allowance that is allocated to an opt-in source
			 for a year after the year in which the transfer request is submitted.
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,
				1/12/07
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-44 - Annual compliance certification report

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 and deadline. For each
			 calendar year in which an opt-in source is subject to the acid rain emissions
			 limitations, the designated representative of the opt-in source shall submit to
			 the USEPA, no later than sixty days after the end of the calendar year, an
			 annual compliance certification report for the opt-in source.
(B) Contents of report. The designated
			 representative shall include all of the following
			 in the annual compliance certification report the following elements, in a
			 format prescribed by the USEPA, concerning the opt-in source and the calendar
			 year covered by the report:
(1)
			 Identification of the opt-in source.
(2) An
			 opt-in utilization report in accordance with rule
			 3745-103-45
			 of the Administrative Code for combustion sources.
(3) A thermal energy compliance report in
			 accordance with rule
			 3745-103-48
			 of the Administrative Code for combustion sources, if applicable.
(4) Shutdown or reconstruction information in
			 accordance with rule
			 3745-103-47
			 of the Administrative Code, if applicable.
(5) A statement that the opt-in source has
			 not become an affected unit under rule
			 3745-103-02 of the
			 Administrative Code.
(6) At
			 the designated representative's option, the total number of allowances to be
			 deducted for the year, using the formula in rule
			 3745-103-50
			 of the Administrative Code, and the serial numbers of the allowances that are
			 to be deducted.
(7) In
			 an annual compliance certification report for a year during 1995
			 to
			 2005, at the designated representative's option, for opt-in sources that share
			 a common stack and whose emissions of sulfur dioxide are not monitored
			 separately or apportioned in accordance with 40 CFR Part 75, the percentage of
			 the total number of allowances under paragraph (B)(6) of this rule for all such
			 affected units that is to be deducted from each affected unit's compliance
			 subaccount.
(8) In
			 an annual compliance certification report for a year during 1995
			 to
			 2005, the compliance certification under paragraph (C) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-47 - Opt-in source permanent shutdown, reconstruction, or change in affected status

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) Notification.
(1) When an opt-in source has permanently
			 shutdown during the calendar year, the designated representative shall notify
			 the USEPA and Ohio EPA of the date of shutdown, within thirty days of such
			 shutdown.
(2) When an opt-in source
			 has undergone a modification that qualifies as a reconstruction as defined in
			 40 CFR 60.15, the
			 designated representative shall notify the USEPA of the date of completion of
			 the reconstruction, within thirty days of such completion.
(3) When an opt-in source becomes an affected
			 unit under rule
			 3745-103-02 of the
			 Administrative Code, the designated representative shall notify the USEPA and
			 Ohio EPA of such change in the opt-in source's affected status within thirty
			 days of such change.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-50 - Calculation for deducting allowances

Current through all regulations passed and filed through July 1, 2024
(A) Allowance deduction formula. The
			 following formula shall be used to determine the total number of allowances to
			 be deducted for the calendar year from the allowances held in the compliance
			 account of a source that includes an opt-in source as of the allowance transfer
			 deadline applicable to that year:
Total allowances deducted = tons emitted + allowances deducted
				for reduced utilization, where:
(1)
			 Except as provided in paragraph (A)(2) of this rule, "tons emitted" shall be
			 the total tons of sulfur dioxide emitted by the opt-in source during the
			 calendar year, as reported in accordance with rules
			 3745-103-52
			 and
			 3745-103-53 of
			 the Administrative Code for combustion sources or rule
			 3745-103-54 of the
			 Administrative Code for process sources.
(2) If the effective date of the opt-in
			 source's permit took effect on a date other than January first, "tons emitted"
			 for the first calendar year shall be the total tons of sulfur dioxide emitted
			 by the opt-in source during the calendar quarters for which the opt-in source's
			 opt-in permit is effective, as reported in accordance with rule
			 3745-103-52
			 and
			 3745-103-53 of
			 the Administrative Code for combustion sources.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-51 - Deducting opt-in source allowances from allowance tracking system accounts

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) Deduction of allowances.
(1) The USEPA may deduct any allowances that
			 were allocated to an opt-in source under rule
			 3745-103-41
			 of the Administrative Code by removing, from any allowance tracking system
			 accounts in which they are held, the allowances in an amount specified in
			 paragraph (D) of this rule, under any of the
			 following circumstances:
(a) When the opt-in
			 source has permanently shut down.
(b) When
			 the opt-in source has been reconstructed.
(c) When the opt-in source becomes an
			 affected unit under rule
			 3745-103-02 of the
			 Administrative Code.
(d) When
			 the opt-in source fails to renew its opt-in permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-52 - Monitoring 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) Monitoring requirements for combustion
			 sources. The owner or operator of each combustion source shall meet all of the
			 requirements specified in 40 CFR Part 75 for the owners and operators of an
			 affected unit to install, certify, operate, and maintain a continuous emission
			 monitoring system, an excepted monitoring system, or an approved alternative
			 monitoring system in accordance with 40 CFR Part 75.
(B) Monitoring requirements for opt-in
			 sources. The owner or operator of each opt-in source shall install, certify,
			 operate, and maintain a continuous emission monitoring system, an excepted
			 monitoring system, or an approved alternative monitoring system in accordance
			 with 40 CFR Part 75.
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, 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 3745-103-53 - Monitoring plan

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."]
Monitoring plan. The designated representative of a combustion
				source shall meet all of the requirements specified under 40 CFR Part 75 for a
				designated representative of an affected unit to submit to the USEPA a
				monitoring plan that includes the information required in a monitoring plan
				under
				40 CFR 75.53.
				This monitoring plan shall be submitted as part of the combustion sources
				opt-in permit application under rule
				3745-103-28
				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:
				11/10/11