Ohio Admin. Code 3745-103-24 - Opt-in relationship to the acid rain program requirements
[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) General.
(1) For purposes of applying 40 CFR Parts 72,
73, 75, 77 and 78, each opt-in source shall be treated as an affected
unit.
(2) 40 CFR Part 72 Subparts
A, B, G, and H, and rules
3745-103-01,
3745-103-02,
3745-103-03,
3745-103-04, and
3745-103-05 of the
Administrative Code, shall apply to this
rule.
(B) Permits. The
director shall act in accordance with this rule and rules
3745-77-08 and
3745-103-13 of the
Administrative Code, and 40 CFR Part 71 in issuing or denying an opt-in permit
and incorporating it
the opt-in permit into a combustion or process
source's operating permit. To the extent that any requirement of this rule, 40
CFR Part 72, 40 CFR Part 78, and rule
3745-103-13 of the
Administrative Code, are inconsistent with the requirements of rule
3745-77-08 of the Administrative
Code, 40 CFR Part 71, the requirements of this rule, 40 CFR Part 72, 40 CFR
Part 78, rule
3745-103-13 of the
Administrative Code, and section
3745.04 of the Revised Code,
shall take precedence and shall govern the
issuance, denials, revision, reopening, renewal, and appeal of the opt-in
permit.
(C) Appeals.
(1) The procedures for appeals of decisions
of the director under this rule are contained in section
3745.04 of the Revised
Code.
(2) The procedures for
appeals of decisions of the USEPA under this rule are contained in 40 CFR Part
78.
(D) Allowances. A
combustion or process source that becomes an affected unit under this rule
shall be subject to all the requirements of 40 CFR Part 73, Subparts C and D,
consistent with rules
3745-103-41 to
3745-103-51 of the
Administrative Code.
(E) Excess
emissions. A combustion or process source that becomes an affected unit under
this rule shall be subject to the requirements of 40 CFR Part 77 applicable to
excess emissions of sulfur dioxide and shall not be subject to the requirements
of 40 CFR Part 77 applicable to excess emissions of nitrogen oxides.
(F) Monitoring. A combustion or process
source that becomes an affected unit under this rule shall be subject to all
the requirements of 40 CFR Part 75, consistent with rules
3745-103-52 and
3745-103-53 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, 11/10/2011, 10/20/2017
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