Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-34 - Permits to install for major stationary sources and major modifications of sources emitting greenhouse gases

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 the "Referenced
				materials" section at the end of this rule.]
[Comment: "Greenhouse gases" subject to regulation as defined
				in
				40 CFR Part
				51.166 consist of the aggregate group of six
				greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
				perfluorocarbons, and sulfur hexafluoride."
(A) Notwithstanding any provisions in Chapter
			 3745-31 of the Administrative Code to the contrary, on or after January 2,
			 2011, permits-to-install for new major stationary sources that will emit or
			 have the potential to emit seventy-five thousand tons or more per year of
			 CO2 equivalent emissions of greenhouse gases and for
			 modifications of existing major stationary sources that will result in a
			 significant net increase in emissions of one or more regulated NSR pollutants
			 other than greenhouse gases and also an emissions increase and a net emissions
			 increase of seventy-five thousand tons or more per year of
			 C2 equivalent emissions of greenhouse gases shall be
			 required as provided in this rule and only to the extent required in
			 40 CFR
			 Section 51.166. After July 1, 2011, permits
			 to install for new major stationary sources that will emit or have the
			 potential to emit one hundred thousand tons or more per year of
			 CO2 equivalent emissions of greenhouse gases and for
			 modifications of existing stationary sources that will result in an emissions
			 increase and a net emissions increase of seventy-five thousand tons or more per
			 year of CO2 equivalent emissions of greenhouse gases
			 shall be required as provided in this rule and only to the extent required in
			 40 CFR
			 Section 51.166. For the purpose of this rule,
			 "CO2 equivalent emissions" and "greenhouse gases" shall
			 have the same meaning as set forth in
			 40 CFR
			 51.166.
(B) For purposes of this rule, any new
			 stationary source for which actual CO2 equivalent
			 emissions of greenhouse gases do not exceed one hundred thousand tons per year
			 after July 1, 2011, and any existing major stationary source for which the
			 increase and net emissions increase of actual CO2
			 equivalent emissions of greenhouse gases do not exceed seventy-five thousand
			 tons per year caused by a physical change or change in the method of operation
			 that occurs after July 1, 2011, shall be deemed to have the potential to emit
			 below the greenhouse gas permitting thresholds set forth in paragraph (A) of
			 this rule if the owner or operator of such source has on or before July 1, 2011
			 submitted a complete application for a permit to limit the potential to emit
			 CO2 equivalent emissions of greenhouse gases from such
			 source to less than one hundred thousand tons per year in the case of new
			 stationary sources and to less than seventy-five thousand tons per year in the
			 case of modifications to existing major stationary sources unless and until the
			 application is withdrawn or the director takes final action on the application
			 that does not limit the potential to emit to not more than the greenhouse gas
			 emission permitting thresholds set forth in paragraph (A) of this rule.
(C) This rule and any terms or
			 conditions of permits-to-install issued to major stationary sources or for
			 major modifications regarding greenhouse gases shall cease to be effective if
			 any of the following occurs:
(1) Enactment of
			 federal legislation depriving the administrator of authority, limiting the
			 administrator's authority, or requiring the administrator to delay the exercise
			 of authority, to regulate greenhouse gases under the Clean Air Act;
(2) The issuance of any opinion, ruling,
			 judgment, order, or decree by a federal court depriving the administrator of
			 authority, limiting the administrator's authority, or requiring the
			 administrator to delay the exercise of authority, to regulate greenhouse gases
			 under the Clean Air Act, including but not limited to any federal court
			 decision staying, voiding, or invalidating the effectiveness of any of the
			 actions of the administrator set forth in the greenhouse gas endangerment
			 finding (74 Fed. Reg. 66496, December 15, 2009), the motor vehicle greenhouse
			 gas tailpipe standards (75 Fed. Reg. 25324, May 7, 2010), the requirement to
			 obtain prevention of significant deterioration permits and Title V permits as
			 provided in the greenhouse gas tailoring rule (75 Fed. Reg. 31514, June 3,
			 2010, as amended 76 FR 43490, July 20, 2011), or
			 the narrowed "State Implementation Plan" approval established in the
			 "Limitation of Approval of Prevention of Significant Deterioration Provisions
			 Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans; Final
			 Rule" (75 FR 82536, December 30, 2010) or finding any such action, in whole or
			 in part, to be arbitrary, capricious, or otherwise not in accordance with law;
			 or
(3) Action by the president of
			 the United States or the president's authorized agent, including the
			 administrator, to repeal, withdraw, suspend, postpone, or stay the amendments
			 to
			 40 CFR
			 Section 51.166 or to otherwise limit or delay
			 the Administrator's exercise of authority to require preconstruction permitting
			 of sources of greenhouse gas emissions.