[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see the "Referenced
materials" section at the end of this rule.]
[Comment: "Greenhouse gases" subject to regulation as defined
in
40 CFR Part
51.166 consist of the aggregate group of six
greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride."
(A) Notwithstanding any provisions in Chapter
3745-31 of the Administrative Code to the contrary, on or after January 2,
2011, permits-to-install for new major stationary sources that will emit or
have the potential to emit seventy-five thousand tons or more per year of
CO
2 equivalent emissions of greenhouse gases and for
modifications of existing major stationary sources that will result in a
significant net increase in emissions of one or more regulated NSR pollutants
other than greenhouse gases and also an emissions increase and a net emissions
increase of seventy-five thousand tons or more per year of
C
2 equivalent emissions of greenhouse gases shall be
required as provided in this rule and only to the extent required in
40 CFR
Section
51.166. After July 1, 2011, permits
to install for new major stationary sources that will emit or have the
potential to emit one hundred thousand tons or more per year of
CO
2 equivalent emissions of greenhouse gases and for
modifications of existing stationary sources that will result in an emissions
increase and a net emissions increase of seventy-five thousand tons or more per
year of CO
2 equivalent emissions of greenhouse gases
shall be required as provided in this rule and only to the extent required in
40 CFR
Section
51.166. For the purpose of this rule,
"CO
2 equivalent emissions" and "greenhouse gases" shall
have the same meaning as set forth in
40 CFR
51.166.
(B) For purposes of this rule, any new
stationary source for which actual CO2 equivalent
emissions of greenhouse gases do not exceed one hundred thousand tons per year
after July 1, 2011, and any existing major stationary source for which the
increase and net emissions increase of actual CO2
equivalent emissions of greenhouse gases do not exceed seventy-five thousand
tons per year caused by a physical change or change in the method of operation
that occurs after July 1, 2011, shall be deemed to have the potential to emit
below the greenhouse gas permitting thresholds set forth in paragraph (A) of
this rule if the owner or operator of such source has on or before July 1, 2011
submitted a complete application for a permit to limit the potential to emit
CO2 equivalent emissions of greenhouse gases from such
source to less than one hundred thousand tons per year in the case of new
stationary sources and to less than seventy-five thousand tons per year in the
case of modifications to existing major stationary sources unless and until the
application is withdrawn or the director takes final action on the application
that does not limit the potential to emit to not more than the greenhouse gas
emission permitting thresholds set forth in paragraph (A) of this rule.
(C) This rule and any terms or
conditions of permits-to-install issued to major stationary sources or for
major modifications regarding greenhouse gases shall cease to be effective if
any of the following occurs:
(1) Enactment of
federal legislation depriving the administrator of authority, limiting the
administrator's authority, or requiring the administrator to delay the exercise
of authority, to regulate greenhouse gases under the Clean Air Act;
(2) The issuance of any opinion, ruling,
judgment, order, or decree by a federal court depriving the administrator of
authority, limiting the administrator's authority, or requiring the
administrator to delay the exercise of authority, to regulate greenhouse gases
under the Clean Air Act, including but not limited to any federal court
decision staying, voiding, or invalidating the effectiveness of any of the
actions of the administrator set forth in the greenhouse gas endangerment
finding (74 Fed. Reg.
66496, December 15, 2009), the motor vehicle greenhouse
gas tailpipe standards (75 Fed. Reg.
25324, May 7, 2010), the requirement to
obtain prevention of significant deterioration permits and Title V permits as
provided in the greenhouse gas tailoring rule (75 Fed. Reg.
31514, June 3,
2010
, as amended 76 FR 43490, July 20, 2011), or
the narrowed "State Implementation Plan" approval established in the
"Limitation of Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans; Final
Rule" (75 FR
82536, December 30, 2010) or finding any such action, in whole or
in part, to be arbitrary, capricious, or otherwise not in accordance with law;
or
(3) Action by the president of
the United States or the president's authorized agent, including the
administrator, to repeal, withdraw, suspend, postpone, or stay the amendments
to
40 CFR
Section
51.166 or to otherwise limit or delay
the Administrator's exercise of authority to require preconstruction permitting
of sources of greenhouse gas emissions.
(D) To the extent that any action or
determination listed in paragraphs (C)(1) to (C)(3) of this rule requires the
permitting of any stationary source of greenhouse gas emissions at levels below
the permitting thresholds set forth in paragraph (A) of this rule, the
permitting thresholds in paragraph (A) of this rule shall remain in effect
unless and until this rule is amended or rescinded.
(E) The following rules and paragraphs found
in this chapter are among those that do not apply to greenhouse gases:
(1) Rule
3745-31-11
of the Administrative Code, "Attainment provisions - ambient air increments,
ceilings and classifications";
(2)
Paragraphs (C)(4) and (C)(5) of rule
3745-31-12
of the Administrative Code, "Attainment provisions - data submission
requirements";
(3) Rule
3745-31-14
of the Administrative Code, "Attainment provisions - preapplication analysis";
(4) Rule
3745-31-16
of the Administrative Code, "Attainment provisions - major stationary source
impact analysis";
(5) Rule
3745-31-17
of the Administrative Code, "Attainment provisions - additional impact
analysis";
(6) Rule
3745-31-18
of the Administrative Code, "Attainment provisions - air quality models";
(7) Paragraphs (C) and (D) of rule
3745-31-19
of the Administrative Code, "Attainment provisions - notice to the United
States environmental protection agency"; and
(8) Paragraph (A)(3) of rule
3745-31-05
of the Administrative Code, "Best Available Technology (BAT)."
(F) No permit to install shall be
required due to greenhouse gas emissions from any stationary source under this
chapter, and greenhouse gases shall not be deemed to be an air contaminant
source subject to regulation or regulated NSR pollutants under this chapter,
unless the greenhouse gas emissions from the source exceeds the permitting
thresholds set forth in paragraph (A) of this rule. Nothing in this rule is
intended to be, and nothing in this rule shall be interpreted to be, an
"emission limitation" or "emission standard" within the meaning of section
302(k) of the Clean Air Act, or a "control requirement" within the meaning of
section 193 of the Clean Air Act.
(G) Referenced materials. This rule includes
references to certain matter or materials. The text of the referenced materials
is not included in this rule. Information on the availability of the referenced
materials as well as the date of, and/or the particular edition or version of
the referenced material is included in this rule. For materials subject to
change, only the specific versions specified in this rule are referenced.
Material is referenced as it exists on the effective date of this rule. Except
for subsequent annual publication of existing (unmodified) Code of Federal
Regulation compilations, any amendment or revision to a referenced document is
not applicable unless and until this rule has been amended to specify the new
dates.
(1) Availability. The referenced
materials are available as follows:
(a) Clean
Air Act. Information and copies may be obtained by writing to: "Superintendent
of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The
full text of the act as amended in 1990 is also available in electronic format
at
www.epa.gov/oar/caa/. A
copy of the act is also available for inspection and copying at "The State
Library of Ohio."
(b) Code of
Federal Regulations. Information and copies may be obtained by writing to:
"Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA
15250-7954." The full text of the CFR is also available in electronic format at
www.access.gpo.gov/nara/cfr/.
The CFR compilations are also available for inspection and copying at most
public libraries and "The State Library of Ohio."
(c) Federal Register. Information and copies
may be obtained by writing to: "Superintendent of Documents, Attn: New Orders,
PO Box 371954, Pittsburgh, PA 15250-7954." Text of the Federal Register is also
available in electronic format at
www.gpoaccess.gov/fr/index.html.
The Federal Register is also available for inspection and copying at most Ohio
public libraries and "The State Library of Ohio."
(2) Referenced materials.
(a) 40 CFR 51.116
; "Data availability"
51.166; "Prevention of
significant deterioration of air quality"; 75 FR
31606, June 3, 2010
; 76 FR 43490, July 20, 2011.
(b)
40
CFR
70.2; "Definitions"; 57 FR
32295, July
21, 1992, as amended at 66 FR
59166, Nov. 27, 2001; 69 FR
31505, June 3, 2004;
72 FR
24078, May 1, 2007; 74 FR
51438, Oct. 6, 2009; 75 FR
31514, June 3,
2010
; 76 FR 43490, July 20, 2011.
(c) Section 193 of the Clean Air Act;
contained in
42 USC
7515; "General savings clause"; published
January 5, 2009 in supplement II of the 2006 edition of the United States Code.
(d) Section 302 of the Clean Air
Act; contained in
42
USC
7602; "Definitions"; published January 5,
2009 in supplement II of the 2006 edition of the United States Code.
(e) "Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring Rule; Final Rule"; 75 FR
31514, June 3,
2010
; 76 FR 43490, July 20, 2011.
Notes
Ohio Admin. Code
3745-31-34
Five Year Review (FYR) Dates:
9/12/2023 and
09/12/2028
Promulgated
Under: 119.03
Statutory Authority: 3704.03(F), 3704.03(G)
Rule Amplifies: 3704.03(F), 3704.03(G), 3704.03(A)
Prior Effective Dates: 03/31/2011,
03/22/2012
Five Year Review (FYR) Dates:
11/13/2018 and
11/13/2023
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F),
3704.03(G)
Rule Amplifies:
3704.03(G),
3704.03(F),
3704.03(A)
Prior Effective Dates: 03/31/2011,
03/22/2012