Ohio Admin. Code 3745-111-01 - Definitions
[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" paragraph at the end of
this rule
(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/or
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. Material
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 copying
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
copying
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 copying
use at most
public libraries and "The State Library of Ohio."
(2) Referenced materials.
(a)
40 CFR
81.336; "Designation of Area for Air Quality
Planning Purposes-
Ohio"; as published in the July 1, 2008
(b)40
CFR Part 51; "Requirements for preparation, adoption, and submittal of
implementation plans"; as published in the July 1, 2008
2014 Code of
Federal Regulations.
(c)40 CFR Part
51, Appendix S; "Emission Offset Interpretative Ruling";
44 FR 3282, Jan. 16, 1979, as amended at 45 FR
31311, May 13, 1980; 45 FR 52741, Aug. 7, 1980; 45 FR 59879, Sept. 11, 1980; 46
FR 50771, Oct. 14, 1981; 47 FR 27561, June 25, 1982; 49 FR 43210, Oct. 26,
1984; 51 FR 40661, 40675, Nov. 7, 1986; 52 FR 24714, July 1, 1987; 52 FR 29386,
Aug 7, 1987; 54 FR 27285, 27299, June 28, 1989; 57 FR 3946, Feb. 3, 1992; 70 FR
71702, Nov. 29, 2005; 72 FR 10373, Mar. 8, 2007; 72 FR 24077, May 1,
2007
as published in the July 1, 2014 Code of
Federal Regulations .
(d)40
CFR Part 52; "Approval and promulgation of implementation plans"; as published
in the July 1, 2008
2014 Code of Federal Regulations.
(e) Clean Air Act; contained in
42 USC
7401 to
7671q;
"The Public Health and Welfare-Air Pollution Prevention and Control"; published
January 2, 2006 in Supplement V of the 2000
May 7, 2014 in the 2012 Edition of the United
States Code.
(f) Section 173 of the
Clean Air Act; contained in
42 USC 7503;
"Permit requirements"; published January 2, 2006 in
Supplement V of the 2000
May 7, 2014 in the
2012 Edition of the United States Code.
(g) Section 182 of the Clean Air Act;
contained in
42 USC
7511a; "Plan submissions and requirements";
published January 2, 2006 in Supplement V of the
2000
May 7, 2014 in the 2012 Edition of
the United States Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(A), 3704.03(F)
Prior Effective Dates: 01/08/2009, 06/25/2015
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(A), 3704.03(F)
Prior Effective Dates: 1/8/09
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