Ohio Admin. Code 3745-103-09 - Acid rain compliance plan and compliance options
(A) The compliance plan may include a NOx averaging plan under rule
3745-103-63
of the Administrative Code; and
both of the following:
(1) A plan for a compliance option that
includes units at more than one affected source shall be complete only if
both of the following apply :
(a) Such plan is signed and certified by the
designated representative for each source with an affected unit governed by
such plan; and
.
(b) A
complete permit application is submitted covering each unit governed by such
plan.
(2) The director's
approval of a plan under paragraph (A)(1) of this rule that includes units in
more than one state shall be final only after every permitting authority with
jurisdiction over any such unit has approved the plan with the same
modifications or conditions, if any.
(B) Conditional approval. In the compliance
plan, the designated representative of an affected unit may propose, in
accordance with this rule
3745-103-09 of the Administrative Code, any
acid rain compliance option for conditional approval; provided that an acid
rain compliance option under rules
3745-103-55
to
3745-103-66
of the Administrative Code may be conditionally proposed only to the extent
provided in rules
3745-103-55
to
3745-103-66
of the Administrative Code.
(1) To activate a
conditionally approved acid rain compliance option, the designated
representative shall notify the director in writing that the conditionally
approved compliance option will actually be pursued beginning January first of
a specified year. Such notification shall be subject to the limitations on
activation under rules
3745-103-55
to
3745-103-66
of the Administrative Code. If the conditionally approved compliance option
includes a plan described in paragraph (A)(1) of this rule, the designated
representative of each source governed by the plan shall sign and certify the
notification.
(2) The notification
under paragraph (B)(1) of this rule shall specify the first calendar year and
the last calendar year for which the conditionally approved acid rain
compliance option is to be activated. A conditionally approved compliance
option shall be activated, if at all, before the date of any enforceable
milestone applicable to the compliance option. The date of activation of the
compliance option shall not be a defense against failure to meet the
requirements applicable to that compliance option during each calendar year for
which the compliance option is activated.
(3) Upon submission of a notification meeting
the requirements of paragraphs (B)(1) and (B)(2) of this rule, the
conditionally approved acid rain compliance option becomes binding on the
owners and operators and the designated representative of any unit governed by
the conditionally approved compliance option.
(4) A notification meeting the requirements
of paragraphs (B)(1) and (B)(2) of this rule will revise the unit's permit in
accordance with rule
3745-103-18
of the Administrative Code.
(C) Termination of compliance option.
(1) The designated representative for a unit
may terminate an acid rain compliance option by notifying the director in
writing that an approved compliance option will be terminated beginning January
first of a specified year. Such notification shall be subject to the
limitations on termination under rules
3745-103-55
to
3745-103-66
of the Administrative Code. If the compliance option includes a plan described
in paragraph (A)(1) of this rule, the designated representative for each source
governed by the plan shall sign and certify the notification.
(2) The notification under paragraph (C)(1)
of this rule shall specify the calendar year for which the termination will
take effect.
(3) Upon submission of
a notification meeting the requirements of paragraphs (C)(1) and (C)(2) of this
rule, the termination becomes binding on the owners and operators and the
designated representative of any unit governed by the acid rain compliance
option to be terminated.
(4) A
notification meeting the requirements of paragraphs (C)(1) and (C)(2) of this
rule will revise the unit's permit in accordance with rule
3745-103-18
of the Administrative Code.
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, 10/20/2017
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 9/10/97, 6/27/02, 1/12/07
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