Current through all regulations passed and filed through December 16, 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 rule
3745-111-01 of the
Administrative Code.]
(A) Purpose and
general clause.
(1) The purpose of this
chapter is to establish a voluntary statewide ERC banking program for the
purpose of enabling the acquisition of offsets that shall be implemented in
accordance with this chapter.
(2)
Nothing in this chapter shall be construed to be a mandatory requirement except
when a person, as specified in paragraph (B)(2) of this rule, chooses to
voluntarily participate in the ERC banking program. At such time, the
requirements of this chapter shall apply.
(3) Nothing in this chapter shall be
construed to restrict the director's authority to attain and maintain the
national ambient air quality standards of the Ohio state implementation plan
requirements.
(4) Nothing in this
chapter shall be construed to restrict the use of offsets consistent with
Chapter 3745-31 of the Administrative Code; Section 173 of the Clean Air Act;
40 CFR Part 51 ; 40 CFR Part 51, Appendix S; or 40 CFR Part 52.
(B) Applicability.
(1) The use of ERCs under this chapter
applies to volatile organic compounds and oxides of nitrogen as ozone
precursors, sulfur dioxide, carbon monoxide, PM10, PM 2.5 and lead. At the
director's discretion, the use of ERCs may also apply to any other pollutant,
or precursor thereof, for which a national ambient air quality standard has
been set.
(2) Voluntary
participants in this program may include one of the
following:
(a) Any major stationary
source or major modification that is to be constructed in an area designated in
40 CFR
81.336 as nonattainment for an air pollutant
for which the major stationary source or major modification is major.
(b) Any person who voluntarily chooses to
participate in the ERC banking program.
For any ERC generating source that voluntarily participates in
the ERC banking program located outside the state of Ohio, this chapter and
paragraph (A) of rule
3745-31-27
of the Administrative Code shall be applicable.
(C) General requirements.
(1) The generation, transfer and use of ERCs
shall be consistent with the Ohio state implementation plan, the Clean Air Act,
rules promulgated under the Clean Air Act, this chapter, and Chapter 3745-31 of
the Administrative Code.
(2) The
use of verified ERCs in a nonattainment area shall result in emission
reductions consistent with the requirements for reasonable further progress for
the nonattainment area and any attainment demonstration specified in the Ohio
state implementation plan.
(3)
Emission reductions made to correct violations or inaccurate reporting of any
applicable emission standard of limitation or emission reduction resulting from
a source, process, or process equipment in violation shall not be eligible to
generate ERCs to be used or transferred under this chapter. Emission reductions
in excess of what is required to correct a violation may be eligible to
generate ERCs if they meet the requirements contained in this chapter and
Chapter 3745-31 of the Administrative Code.
(4) No ERCs may be allowed for replacing one
volatile organic compound with another of lesser reactivity, except where
allowed under paragraph (H) of rule
3745-31-24
of the Administrative Code.
(5)
Nothing in this chapter shall be construed to obviate the need to obtain a
permit-to-install or PTIO under Chapter 3745-31 of the Administrative Code, or
a Title V permit under Chapter 3745-77 of the Administrative Code. The use of
verified ERCs which would be inconsistent with the requirements contained in
Chapter 3745-31 of the Administrative Code is prohibited.
(D) ERC discounting.
The director may reduce the amount of ERCs under the following
conditions:
(1) Discounting for
attaining or maintaining the national ambient air quality standards or Ohio
state implementation plan.
The director may reduce the quantity of available ERCs in order
to attain or maintain the national ambient air quality standards of the Ohio
state implementation plan requirements, provided that the director will
exercise such authority through the Ohio state implementation plan process
prior to removing ERCs from the bank established under this chapter.
Effective: 6/25/2015
Five Year
Review (FYR) Dates: 04/03/2015 and
06/25/2020
Promulgated
Under: 119.03
Statutory Authority: 3704.03(F)
Rule
Amplifies: 3704.03(A), 3704.03(F)
Prior Effective Dates:
1/8/09
