[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
are
implemented in accordance with this chapter.
(2) Nothing in this chapter shall be
construed to:
(a) 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)(b)
Nothing in this chapter shall be construed to
restrict
Restrict the director's
authority to attain and maintain the national ambient air quality standards of
the Ohio state implementation plan requirements.
(4)(c)
Nothing in this chapter shall be construed to
restrict
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
are 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
are 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.
Notes
Ohio Admin. Code
3745-111-02
Effective:
1/23/2025
Five Year Review (FYR) Dates:
10/10/2024 and
01/23/2030
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
