Ohio Admin. Code 3745-103-02 - Applicability
[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) Each of the following units shall be an
affected unit, and any source that includes such a unit shall be an affected
source, subject to the requirements of the acid rain program:
(1) A unit listed in Table 1 of
40 CFR
73.10(a).
(2) An existing unit that is identified in
Table 2 or 3 of 40 CFR
73.10 and any other existing utility unit,
except a unit under paragraph (B) of this rule.
(3) A utility unit, except a unit under
paragraph (B) of this rule, that meets any of the following:
(a) Is a new unit.
(b) Did not serve a generator with a
nameplate capacity greater than twenty-five MWe on November 15, 1990 but serves
such a generator after November 15, 1990.
(c) Was a simple combustion turbine on
November 15, 1990 but adds or uses auxiliary firing after November 15,
1990.
(d) Was an exempt
cogeneration facility under paragraph (B)(4) of this rule but during any three
calendar year period after November 15, 1990 sold, to a utility power
distribution system, an annual average of more than one-third of its potential
electrical output capacity and more than two hundred nineteen thousand MWe-hrs
electric output, on a gross basis.
(e) Was an exempt qualifying facility under
paragraph (B)(5) of this rule but, at any time after the later of November 15,
1990 or the date the facility commences commercial operation, fails to meet the
definition of qualifying facility.
(f) Was an exempt independent power
production facility under paragraph (B) (6) of this rule but, at any time after
the later of November 15, 1990 or the date the facility commences commercial
operation, fails to meet the definition of independent power production
facility.
(g) Was an exempt solid
waste incinerator under paragraph (B)(7) of this rule but during any three
calendar year period after November 15, 1990 consumes twenty per cent or more
(on a Btu basis) fossil fuel.
(B) The following types of units are not
affected units subject to the requirements of the acid rain program:
(1) Any simple combustion turbine that
commenced commercial operation before November 15, 1990.
(2) Any unit that commenced commercial
operation before November 15, 1990 and that did not, as of November 15, 1990,
and does not currently, serve a generator with a nameplate capacity of greater
than twenty-five MWe.
(3) Any unit
that, during 1985, did not serve a generator that produced electricity for sale
and that did not, as of November 15, 1990, and does not currently, serve a
generator that produces electricity for sale.
(4) Any cogeneration facility which meets one
of the following:
(a) For a unit that
commenced construction on or prior to November 15, 1990, was constructed for
the purpose of supplying equal to or less than one-third its potential
electrical output capacity equal or two hundred nineteen thousand MWe-hrs
actual electric output on an annual basis to any utility power distribution
system for sale (on a gross basis). If the purpose of construction is not
known, it will be presumed to be consistent with the actual operation from 1985
through 1987. However, if in any three calendar year period after November 15,
1990, such unit sells to a utility power distribution system an annual average
of more than one-third of its potential electrical output capacity and more
than two hundred nineteen thousand MWe-hrs actual electric output (on a gross
basis), that unit shall be an affected unit, subject to the requirements of the
acid rain program.
(b) For units
that commenced construction after November 15, 1990, supplies equal to or less
than one-third its potential electrical output capacity or equal to or less
than two hundred nineteen thousand MWe-hrs actual electric output on an annual
basis to any utility power distribution system for sale (on a gross basis).
However, if in any three calendar year period after November 15, 1990, such
unit sells to a utility power distribution system an annual average of more
than one-third of its potential electrical output capacity and more than two
hundred nineteen thousand MWe-hrs actual electric output (on a gross basis),
that unit shall be an affected unit, subject to the requirements of the acid
rain program.
(5) A
qualifying facility that meets both of the following:
(a) Has, as of November 15, 1990, one or more
qualifying power purchase commitments to sell at least fifteen per cent of its
total planned net output capacity.
(b) Consists of one or more units designated
by the owner or operator with total installed net output capacity not exceeding
one hundred thirty per cent of the total planned net output capacity. If the
emissions rates of the units are not the same, the USEPA may exercise
discretion to designate which units are exempt.
(6) An independent power production facility
that meets both of the following:
(a) Has, as
of November 15, 1990, one or more qualifying power purchase commitments to sell
at least fifteen per cent of its total planned net output capacity.
(b) Consists of one or more units designated
by the owner or operator with total installed net output capacity not exceeding
one hundred thirty per cent of its total planned net output capacity. If the
emissions rates of the units are not the same, the USEPA may exercise
discretion to designate which units are exempt.
(7) A solid waste incinerator, if more than
eighty per cent (on a Btu basis) of the annual fuel consumed at such
incinerator is other than fossil fuels. For solid waste incinerators which
began operation before January 1, 1985, the average annual fuel consumption of
non-fossil fuels for calendar years 1985 through 1987
must
shall be
greater than eighty per cent for such an incinerator to be exempt. For solid
waste incinerators which began operation after January 1, 1985, the average
annual fuel consumption of non-fossil fuels for the first three years of
operation shall be greater than eighty per cent for such an incinerator to be
exempt. If, during any three calendar year period after November 15, 1990, such
incinerator consume twenty per cent or more (on a Btu basis) fossil fuel, such
incinerator shall be an affected source under the acid rain program.
(8) A non-utility unit.
(9) A unit for which an exemption under rule
3745-103-03 or
3745-103-04 of the
Administrative Code is in effect. Although such a unit is not an affected unit,
the unit shall be subject to the requirements of rule
3745-103-03 or
3745-103-04 of the
Administrative Code, as applicable to the exemption.
(C) A certifying official of an owner or
operator of any unit may petition the USEPA for a determination of
applicability under this rule.
(1) Petition
content. The petition shall be in writing and include identification of the
unit and relevant facts about the unit. In the petition, the certifying
official shall certify, by the official's signature, the statement set forth in
paragraph (A)(2) (b) of rule
3745-103-06 of the
Administrative Code. Within ten business days of receipt of any written
determination by the USEPA covering the unit, the certifying official shall
provide each owner or operator of the unit, facility, or source with a copy of
the petition and a copy of the USEPA's response.
(2) Timing. The petition may be submitted to
the USEPA at any time but, if possible, should be submitted prior to the
issuance (including renewal) of a phase II acid rain permit for the
unit.
Notes
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
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