[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 (LLLLLL)
(AA) of rule
3745-31-01 of the Administrative
Code entitled, "referenced materials."]
(A) Procedures for emission offsets.
Emission offsets may be proposed by either the owner or
operator of the proposed major stationary source or by the local community or
the state. The emission reduction committed to must
shall be
enforceable by authorized state or local agencies and under the Clean Air Act,
and must be accomplished by the new major
stationary source's start-up date. If emission reductions are to be obtained in
a state that neighbors the state in which the new major stationary source is to
be located, the emission reductions committed to must
shall be
enforceable by the neighboring state and/or
or local agencies and under the Clean Air Act.
Where the new major stationary source is a replacement for a major stationary
source that is being shut down in order to provide the necessary offsets, the
director may allow up to one hundred eighty days for shakedown of the new major
stationary source before the existing major stationary source is required to
cease operation.
(1) Major stationary
source initiated emission offsets.
The owner or operator of a major stationary source may propose
emission offsets that involve the following:
(a) Reductions from stationary sources
controlled by the major stationary source owner or operator (internal emission
offsets).
(b) Reductions from
neighboring stationary sources (external emission offsets). The owner or
operator of the major stationary source does not have to investigate all
possible emission offsets. As long as the emission offsets obtained represent
reasonable progress toward attainment (in the director's judgement),
they
the emission
offsets will be acceptable to the director. The director shall review and
approve the emission offsets to assure that the emission offsets will be as
effective as proposed by the owner or operator of the major stationary source.
An internal emission offset will be considered enforceable if it is made an
Ohio state implementation plan requirement by inclusion as a condition of the
new major stationary source permit and the permit is forwarded to the United
States environmental protection agency. An external emission offset will not be
enforceable unless the affected stationary source providing the emission
reductions is subject to a new Ohio state implementation plan requirement or
federally enforceable permit condition or a permit condition legally and
practicably enforceable by the state to ensure that its emissions will be
reduced by a specified amount in a specified time.
(2) State or community initiated offsets. A
state or community may generate emission offsets to provide to a major
stationary source wishing to locate in its area. These emission offsets may
come from reducing emissions from existing emissions units, mobile sources or
area sources. State or community initiated offsets
shall either
must
be submitted as
a
an Ohio state implementation plan revision or
must be contained in a federally
enforceable permit.
Notes
Ohio Admin. Code 3745-31-27
Effective:
3/11/2023
Five Year Review (FYR) Dates:
11/30/2022 and
11/30/2027
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F)
Rule Amplifies:
3704.03(A),
3704.03(F)
Prior Effective Dates: 04/12/1996, 12/01/2006,
05/29/2014
