[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 provisions.
(1) The owner or operator of a phase II
coal-fired utility unit with a group one boiler may elect to have the unit
become subject to the applicable emissions limitation for
NO
x under rule
3745-103-57 of the
Administrative Code, starting no later than January 1, 1997.
(2) The owner or operator of a phase II
coal-fired utility unit with a group one boiler that elects to become subject
to the applicable emission limitation under rule
3745-103-57 of the
Administrative Code shall not be subject to rule
3745-103-59 of the
Administrative Code until January 2008, provided the designated representative
demonstrates that the unit is in compliance with the limitation under rule
3745-103-57 of the
Administrative Code, using the methods and procedures specified in 40 CFR Part
75, for the period beginning January first of the year in which the early
election takes effect (but not later than January 1, 1997) and ending December
31, 2007.
(3) The owner or operator
of any phase II unit with a cell burner boiler that converts to conventional
burner technology may elect to become subject to the applicable emissions
limitation under rule
3745-103-57 of the
Administrative Code for dry bottom wall-fired boilers, provided the owner or
operator complies with the provisions in paragraph (A)(2) of this
rule.
(4) The owner or operator of
a phase II unit approved for early election shall not submit an application for
an alternative emissions limitation demonstration period under rule
3745-103-62 of the
Administrative Code until the earlier of:
(a)
January 1, 2008.
(b) Early election
is terminated pursuant to paragraph (D)(3) of this rule.
(5) The owner or operator of a phase II unit
approved for early election may not incorporate the unit into an averaging plan
prior to January 1, 2000. On or after January 1, 2000, for purposes of the
averaging plan, the early election unit will be treated as subject to the
applicable emissions limitation for NO
x for phase II
units with group one boilers under rule
3745-103-59 of the
Administrative Code.
(B)
Designated representative. In order to obtain early election status, the
designated representative of a phase II unit with a group one boiler shall have
submitted an early election plan to USEPA by January 1, 1997, and USEPA shall
have approved such plan.
(C) Ohio
EPA's action. Beginning January 1, 2000, the director shall approve any early
election plan previously approved by USEPA during phase I, unless the plan is
terminated pursuant to paragraph (D)(3) of this rule.
(D) Special provisions.
(1) Nitrogen oxides. A unit that is governed
by an approved early election plan shall be subject to an emissions limitation
for NOx as provided under paragraph (A) (2) of this rule
except as provided under paragraph (D)(3)(b)(i) of this rule.
(2) Liability. The owners and operators of a
unit governed by an approved early election plan shall be liable for any
violation of the plan or this rule at that unit. The owners and operators shall
be liable, beginning January 1, 2000, for fulfilling the obligations specified
in 40 CFR Part
77.
(3) Termination.
An approved early election plan shall be in effect only until the earlier of
January 1, 2008 or January first of the calendar year for which a termination
of the plan takes effect.
(a) If the
designated representative of the unit under an approved early election plan
fails to demonstrate compliance with the applicable emissions limitation under
rule
3745-103-57 of the
Administrative Code for any year during the period beginning January first of
the first year the early election plan takes effect and ending December 31,
2007, the director shall terminate the plan. The termination will take effect
beginning January first of the year after the year for which there is a failure
to demonstrate compliance. The designated representative may not submit a new
early election plan.
(b) The
designated representative of the unit under an approved early election plan may
terminate the plan any year prior to 2008 but may not submit a new early
election plan. In order to terminate the plan, the designated representative
must
shall
submit a notice under paragraph (C) of rule
3745-103-09 of the
Administrative Code by January first of the year for which the termination is
to take effect.
(i) If an early election plan
is terminated any year prior to 2000, the unit shall meet, beginning January 1,
2000, the applicable emissions limitation for NO
x for
phase II units with group one boilers under rule
3745-103-59 of the
Administrative Code.
(ii) If an
early election plan is terminated in or after 2000, the unit shall meet,
beginning on the effective date of the termination, the applicable emissions
limitation for NO
x for phase II units with group one
boilers under rule
3745-103-59 of the
Administrative Code.
Notes
Ohio Admin. Code 3745-103-60
Effective:
9/25/2023
Five Year Review (FYR) Dates:
5/26/2023 and
05/26/2028
Promulgated
Under: 119.03
Statutory Authority: 3704.03(E)
Rule
Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates:
06/27/2002, 01/12/2007, 11/10/2011,
10/20/2017