Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-111 - Voluntary Emission Reduction Credit Banking Program
Section 3745-111-01 - Definitions

(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.