Ohio Admin. Code 3745-103-31 - Opt-in withdrawal
[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) Withdrawal through administrative
amendment. An opt-in source may request to withdraw from the acid rain program
by submitting an administrative amendment under rule
3745-103-18 of the
Administrative Code; provided that the amendment will be treated as received by
the director upon issuance of the notification of the acceptance of the request
to withdraw under paragraph (F)(1) of this rule.
(B) Requesting withdrawal. To withdraw from
the acid rain program, the designated representative of an opt-in source shall
submit to the USEPA and the director a request to withdraw effective January
first of the year after the year in which the submission is made. The
submission shall be made no later than December first of the calendar year
preceding the effective date of withdrawal.
(C) Conditions for withdrawal. In order for
an opt-in source to withdraw, the following conditions
must
shall be
met:
(1) By no later than January thirtieth of
the first calendar year in which the withdrawal is to be effective, the
designated representative must
shall submit to the USEPA an annual compliance
certification report pursuant to rule
3745-103-44 of the
Administrative Code.
(2) If the
opt-in source has excess emissions in the calendar year before the year for
which the withdrawal is to be in effect, the designated representative
must
shall
submit an offset plan for excess emissions, pursuant to 40 CFR Part 77, that
provides for immediate deduction of allowances.
(D) USEPA's action on withdrawal. After the
opt-in source meets the requirements for withdrawal under paragraphs (B) and
(C) of this rule, the USEPA shall deduct allowances required to be deducted
under 40 CFR
73.35 and 40 CFR Part 77 and allowance equal
in number to and with the same or earlier compliance use date as those
allocated under rule
3745-103-41 of the
Administrative Code for the first year for which the withdrawal is to be
effective and all subsequent years.
(E) Opt-in source's prior violations. An
opt-in source that withdraws from the acid rain program shall comply with all
requirements under the acid rain program concerning all years for which the
opt-in source was an affected unit, even if such requirements arise, or
must
shall be
complied with after the withdrawal takes effect.
(F) Notification.
(1) After the requirements for withdrawal
under paragraphs (B) and (C) of this rule are met and after the USEPA's action
on withdrawal under paragraph (D) of this rule is complete, the USEPA shall
issue a notification to the director and the designated representative of the
opt-in source of the acceptance of the opt-in source's request to
withdraw.
(2) If the requirements
for withdrawal under paragraphs (B) and (C) of this rule are not met or the
USEPA's action under paragraph (D) of this rule cannot be completed, the USEPA
shall issue a notification to the director and the designated representative of
the opt-in source that the opt-in source's request to withdraw is denied. If
the opt-in source's request to withdraw is denied, the opt-in source shall
remain in the opt-in program and shall
remain subject to the requirements for opt-in sources contained in this
rule.
(G) Permit
amendment.
(1) After the USEPA issues a
notification under paragraph (F)(1) of this rule that the requirements for
withdrawal have been met (including the deduction of the full amount of
allowances as required under
in paragraph (D) of this rule), the director
shall amend, in accordance with rules
3745-103-15 and
3745-103-18 of the
Administrative Code, the opt-in source's acid rain permit to terminate the
opt-in permit, not later than sixty days from the issuance of the notification
under paragraph (F) of this rule.
(2) The termination of the opt-in permit
under paragraph (G)(1) of this rule will be effective of January first of the
year for which the withdrawal is requested. An opt-in source
shall continue
continues to be an affected unit until the effective
date of the termination.
(H) Reapplication upon failure to meet
conditions of withdrawal. If the USEPA denies the opt-in source's request to
withdraw, the designated representative may submit another request to withdraw
in accordance with paragraphs (B) and (C) of this rule.
(I) Ability to return to the acid rain
program. Once a combustion or process source withdraws from the acid rain
program and its
the
source's opt-in permit is terminated, a new opt-in permit application for
the combustion or process source may not be submitted prior to the date that is
four years after the date on which the opt-in permit became
effective.
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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