(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 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 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 not 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 (A)(7)
(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 be submitted as a
Ohio state implementation plan revision or must be contained in a federally
enforceable permit. The use of mobile source ERCs under this paragraph shall 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 requirements of this paragraph
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 not 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 not 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 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(s)
source or facility, receiving or using the
ERC.
(3) The intended use of the
ERCs.
[Comment: identifying an intended use(s)
use does not
obligate the person receiving the ERCs to that identified
use(s)
use
and does not prohibit 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 are made
federally enforceable.
Notes
Ohio Admin. Code
3745-111-04
Five Year Review (FYR) Dates:
5/8/2020 and
05/08/2025
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
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
