(A) Conditions for
approval of the use of ERCs for enabling the acquisition of emission offsets.
The use of ERCs from an existing air contaminant source or
facility for the purpose of offsetting emissions of a proposed major stationary
source or major modification (whether or not under the same ownership) shall
meet the requirements contained in rule
3745-31-22 of the Administrative
Code, including that there will be reasonable progress, as determined by the
director, toward attainment of the applicable national ambient air quality
standard.
(1) The owner or operator of
the proposed air contaminant source or facility shall secure approval from the
director to use the ERCs for the purpose of offsetting emissions prior to the
time of use.
(2) ERCs
may
are not
be used in an area with a higher
nonattainment classification than the one in which they were
generated.
(3) ERCs that are used
shall be
are
surplus and quantifiable at the time of use in accordance with paragraphs (E)
and (G) of rule
3745-111-01 of the
Administrative Code.
(4) An owner
or operator proposing new or increased emissions shall demonstrate that
sufficient offsetting ERCs, at the ratio specified in rule
3745-31-26 of the Administrative
Code have been acquired from a nonattainment area that meets the requirements
of paragraph (B) of this rule.
(5)
A stationary source located in the state of Ohio may use ERCs generated by a
source located in a neighboring state only upon the approval of both the
director and the appropriate authority within the neighboring state. ERCs
generated in another state
may
are not
to be used at a
facility within the state of Ohio unless the facility's generated ERCs are
enforceable by the neighboring state and by the Ohio EPA in accordance with
this chapter and paragraph (A) of rule
3745-31-27 of the Administrative
Code.
(B) Location of
emission offsets.
Location of offsetting emissions shall meet the requirements of
rule 3745-31-25 of the Administrative
Code, paragraph (B) of rule
3745-31-26 of the Administrative
Code, and rule
3745-31-27 of the Administrative
Code.
(C) Administrative
procedures.
(1) Transfer and use of ERCs for
the purpose of offsetting emissions shall meet the administrative procedures of
rule
3745-31-27 of the Administrative
Code.
(2) Mobile source ERCs.
A mobile source owner or operator may generate ERCs, consistent
with paragraph (A)(6) of rule
3745-111-03 of the
Administrative Code, for the purpose of offsetting emissions of a proposed
major stationary source or major modification wishing to locate in an area that
meets the location requirements of paragraph (B) of this rule provided the
offset ratio requirements of rule
3745-31-26 of the Administrative
Code are met. The emission offsets shall come from existing mobile sources. The
use of mobile source ERCs must
shall be submitted as a Ohio state implementation plan
revision or must
shall be contained in a federally enforceable permit.
The use of mobile source ERCs under this paragraph shall
may be approved
by the director on a case-by-case basis.
(D) ERC transfer and use.
When any owner of ERCs elects to participate in the ERC banking
program, the following are applicable:
(1) Only verified ERCs may be transferred and
used through a transfer or use notification in accordance with paragraph (E) of
this rule.
(2) Verified ERCs
generated in accordance with paragraph (A)(1) of rule
3745-111-03 of the
Administrative Code, resulting from the permanent shutdown of an existing air
contaminant source or facility,
may
are not
to be
transferred or used prior to Ohio EPA receiving notification from the
responsible official of a Title V facility, as defined in rule
3745-77-01 of the Administrative
Code, or from the person with signatory authority under rule
3745-31-02 of the Administrative
Code for a facility that is not Title V, certifying the permanence of the
shutdown.
(3) Verified ERCs
generated in accordance with paragraphs (A)(2) to (A)(7) of rule
3745-111-03 of the
Administrative Code,
may
are not
to be
transferred until the ERCs are permanent and federally enforceable in
accordance with paragraph (C)(2) of rule
3745-111-02 of the
Administrative Code.
(E)
Notification of transfer or use.
When participating in the ERC banking program, an ERC transfer
or use notification shall be submitted in a form and manner prescribed by the
director and shall include the following
information, at a minimum, except paragraph (E)(6) of this rule
shall be
which
is optional:
(1) The name of the
owner or operator of the air contaminant source or facility generating the ERC
or the name of the person transferring the ERC.
(2) The name of the person, owner or operator
of the air contaminant source or facility, receiving or using the
ERC.
(3) The intended use of the
ERCs.
[Comment: identifying an intended use does not obligate the
person receiving the ERCs to that identified use and does not
prohibit
exclude the person receiving the ERCs from requesting
a change to the identified use while the ERCs are in the bank. The intended use
information will provide information to the public regarding which ERCs are
available for transfer.]
(4) Identification of the type of pollutant
and quantity of verified ERCs being transferred or used.
(5) Identification of the ERC certificate
number associated with the ERCs, and if transfer or use of the ERCs identified
in the certificate are in part, the exact ERCs contained in the banking system
that are included in the transaction.
(6) The cost, in dollars per ton, of ERCs
transferred or used shall be
optional.
(F)
Public notice.
Consistent with the requirements of Chapter 3745-31 of the
Administrative Code, the Ohio EPA shall provide the public with notice of
owners or operators proposing to use verified ERCs at the time
they
the verified
ERCs are made federally enforceable.
Notes
Ohio Admin. Code
3745-111-04
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
