Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-77 - Title V Permits › Section 3745-77-11 - Title V permits for major 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 to the
			 contrary in this chapter, on or after January 2, 2011 Title V permits for major
			 sources emitting greenhouse gases shall be required as provided in this rule
			 and in
			 40
			 CFR Section 70.2, as amended (76
			 FR 43490, July 20, 2011). For the purpose of this rule,
			 "CO2 equivalent emissions" and "greenhouse gases" shall
			 have the same meaning as set forth in
			 40
			 CFR 70.2 as amended (76
			 FR 43490, July 20, 2011).
(B)
			 No initial Title V permit application shall be required for any major source
			 that, except for its CO2 equivalent emissions of
			 greenhouse gases, is not a Title V source under paragraph (B) of rule
			 3745-77-02
			 of the Administrative Code if, by January 2, 2011 or twelve months after
			 emitting more than one hundred thousand tons of CO2
			 equivalent of greenhouse gases per year, whichever is later, the owner or
			 operator of such source submits a complete application for a FEPTIO pursuant to
			 Chapter 3745-31 of the Administrative Code for the purpose of limiting the
			 potential to emit of CO2 equivalent of greenhouse gases
			 from such source to less than one hundred thousand tons per year, until twelve
			 months after the application is withdrawn or the director takes final action on
			 the application that does not limit the potential CO2
			 equivalent emissions of greenhouse gases from such source to less than one
			 hundred thousand tons per year.
(C)
			 No initial Title V permit application shall be required for any major source
			 that, except for its CO2 equivalent emissions of
			 greenhouse gases and mass emissions of greenhouse gases as of July 1, 2011, is
			 not a Title V source under paragraph (B) of rule
			 3745-77-02
			 of the Administrative Code if, within twelve months after July 1, 2011 or
			 twelve months after commencing operation on or after July 1, 2011 of a source
			 authorized to emit more than one hundred thousand tons of
			 CO2 equivalent of greenhouse gases per year and with a
			 potential to emit of greenhouse gas mass emissions more than one hundred tons
			 per year, whichever is later, the owner or operator of such source submits a
			 complete application for a FEPTIO pursuant to Chapter 3745-31 of the
			 Administrative Code for the purpose of limiting the potential to emit of
			 CO2 equivalent of greenhouse gases from such source to
			 less than one hundred thousand tons per year and limiting the potential to emit
			 of mass greenhouse gases to less than one hundred tons per year, until twelve
			 months after the application is withdrawn or the director takes final action on
			 the application that does not limit the potential CO2
			 equivalent emissions of greenhouse gases from such source to less than one
			 hundred thousand tons per year and potential mass greenhouse gases to less than
			 one hundred tons per year.
(D) This
			 rule and any terms or conditions of Title V permits 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; or
(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 FR 66496, December 15, 2009), the motor vehicle greenhouse gas
			 tailpipe standards (75 FR 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 FR 31514, June 3, 2010), or the final
			 federal rule "Action to Ensure Authority to Implement Title V Permitting
			 Programs under the Greenhouse Gas Tailoring Rule" (75 FR 82254, 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 promulgated on June 3, 2010,
			 as set forth at 75 Fed. Reg. 31606, or to otherwise limit or delay the
			 administrator's exercise of authority to require preconstruction permitting of
			 sources of greenhouse gas emissions.