Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-111 - Voluntary Emission Reduction Credit Banking Program › Section 3745-111-01 - 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 (K) of this rule titled
								"referenced
				materials.".]
(A) Except as
			 otherwise provided in this rule, the definitions in rule
			 3745-31-01 of the
			 Administrative Code shall apply to this chapter.
(B) "Emission reduction credit" or "ERC"
			 means a surplus, quantifiable and permanent unit of reduction in actual
			 emissions from an air contaminant source, as defined in rule
			 3745-31-01 of the
			 Administrative Code, which is expressed in tons of pollutant per year, and that
			 is federally enforceable no later than at the time of use.
(C) "Ohio EPA" means the Ohio environmental
			 protection agency.
(D) "Permanent"
			 means that emission reductions used to offset emission increases are assured
			 for the life of the corresponding increase through a federally enforceable
			 mechanism, regardless of whether the corresponding increase is limited or
			 unlimited in duration.
(E)
			 "Quantifiable" means that the amount, rate and characteristics of emissions and
			 emission reductions can be determined or measured through a reliable and
			 replicable method established by an applicable law or approved by the
			 director.
(F) "Reasonable further
			 progress" or "RFP" means any incremental emission reductions required to
			 fulfill the requirements of paragraphs (b)(1)(A) and (c)(2)(B) of Section 182
			 of the Clean Air Act or specified in the Ohio state implementation
			 plan.
(G) "Surplus" means emission
			 reductions made below an applicable source baseline which are below allowable
			 emission rates and are not relied upon in the Ohio state implementation plan or
			 required attainment demonstration of the national ambient air quality standards
			 and have not been required by any applicable laws. Emission reductions can be
			 used for offsets or ERCs to the extent allowed under federal law.
(H) "Un-verified ERC" means an owner or
			 operator has identified an emission reduction that may be surplus, quantifiable
			 and permanent but the emission reduction has not been verified and deemed
			 creditable by the Ohio EPA in accordance with this chapter and can not be
			 transferred or used when participating in the banking program until it becomes
			 a verified ERC.
(I) "Verified"
			 means the Ohio EPA has reviewed the information supplied by the owner or
			 operator in accordance with this chapter to ensure the emission reductions are
			 creditable as permanent, surplus and quantifiable ERCs and are approvable for
			 transfer or use at the time of verification.
(J) "Verified ERC" means an emission
			 reduction that is surplus, quantifiable and permanent as verified by the Ohio
			 EPA in accordance with this chapter.
(K) Referenced materials. This chapter
			 includes references to certain subject matter or materials. The text of the
			 referenced materials is not included in the rules contained in this chapter.
			 Information on the availability of the referenced materials as well as the date
			 of, 
								and the particular edition or version of the material
			 is included in this rule. For materials subject to change, only the specific
			 versions specified in this rule are referenced. 
								Unless otherwise
			 noted, material is referenced as it exists on the effective date of this
			 rule. Except for subsequent annual publication of existing (unmodified) Code of
			 Federal Regulation compilations, any amendment or revision to a referenced
			 document is not applicable unless and until this rule has been amended to
			 specify the new dates.
(1) Availability. The
			 referenced materials are available as follows:
(a) Clean Air Act and all sections thereof;
			 information and copies may be obtained by writing to: "Superintendent of
			 Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The
			 full text of the Act as amended in 1990 is also available in electronic format
			 at
www.epa.gov/oar/caa/
. A
			 copy of the Act is also available for inspection and 
										use at most
			 public libraries and "The State Library of Ohio."
(b) Code of Federal Regulations (CFR).
			 Information and copies may be obtained by writing to: "Superintendent of
			 Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954."
			 The full text of the CFR is also available in electronic format at
www.access.gpo.gov/nara/cfr/
http://www.gpo.gov/fdsys/
. The
			 CFR compilations are also available for inspection and
			 
										use
			 at most public libraries and "The State Library of Ohio."
(c) United States Code (USC). Information and
			 copies may be obtained by writing to: "Superintendent of Documents, Attn: New
			 Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United
			 States Code is also available in electronic format at
			 http://www4.law.cornell.edu/uscode/
http://www.gpo.gov/fdsys/
. The USC
			 compilations are also available for inspection and 
										use at most
			 public libraries and "The State Library of Ohio."