Ohio Admin. Code 3745-103-27 - Opt-in permit contents

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-103-01 of the Administrative Code titled "Referenced materials."]

(A) The opt-in permit shall be included in the acid rain permit.

(B) Scope. The opt-in permit provisions shall apply only to the opt-in source and not to any other affected units.

(C) Contents. Each opt-in permit, including any draft or proposed opt-in permit, shall contain all of the following elements in a format specified by the USEPA:

(1) All elements required for a complete opt-in permit application as provided in rule 3745-103-29 of the Administrative Code for combustion sources or in rule 3745-103-30 of the Administrative Code for process sources or, if applicable, all elements required for a complete opt-in permit renewal application as provided in rule 3745-103-32 of the Administrative Code for combustion sources or rule 3745-103-30 of the Administrative Code for process sources.

(2) The allowance allocation for the opt-in source as determined by the USEPA under rules 3745-103-33 to 3745-103-39 of the Administrative Code for combustion sources or under rules 3745-103-40 to 3745-103-51 of the Administrative Code for process sources.

(3) The standard permit requirements as provided under rule 3745-103-05 of the Administrative Code, except that the provisions in paragraph (D) of rule 3745-103-05 of the Administrative Code shall not be included in the opt-in permit.

(4) Termination. The provision that participation of a combustion or process source in the acid rain program may be terminated only in accordance with rules 3745-103-31, 3745-103-47, and 3745-103-51 of the Administrative Code.

(D) Each opt-in permit shall be deemed to incorporate the definitions of terms under rule 3745-103-01 of the Administrative Code.

(E) Permit shield. Each opt-in source operated in accordance with the opt-in permit that governs the opt-in source and that was issued in compliance with Title IV of the Clean Air Act, as provided in 40 CFR Parts 72, 73, 74, 75, 77, and 78, shall be deemed to be operating in compliance with the acid rain program, except as provided in paragraph (G)(6) of rule 3745-103-05 of the Administrative Code.

(F) Term of opt-in permit. An opt-in permit shall be issued for a period of five years and may be renewed in accordance with rule 3745-103-32 of the Administrative Code; provided that both of the following apply:

(1) If an opt-in permit is issued prior to January 1, 2000, then the opt-in permit may, at the option of the director expire on December 31, 1999.

(2) If an affected unit with an acid rain permit is located at the same source as the combustion source, the combustion source's opt-in permit may, at the option of the director, expire on the same date as the affected unit's acid rain permit expires.

Notes

Ohio Admin. Code 3745-103-27

Effective: 9/25/2023
Five Year Review (FYR) Dates: 5/26/2023 and 05/26/2028
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/10/1997, 06/27/2002, 01/12/2007, 11/10/2011, 10/20/2017