Lawriter - OAC - 3745-103-47 Opt-in source permanent shutdown, reconstruction, or change in affected status.

3745-103-47 Opt-in source permanent shutdown, reconstruction, or change in affected status.

[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) Notification.

(1) When an opt-in source has permanently shutdown during the calendar year, the designated representative shall notify the USEPA and Ohio EPA of the date of shutdown, within thirty days of such shutdown.

(2) When an opt-in source has undergone a modification that qualifies as a reconstruction as defined in 40 CFR 60.15, the designated representative shall notify the USEPA of the date of completion of the reconstruction, within thirty days of such completion.

(3) When an opt-in source becomes an affected unit under rule 3745-103-02 of the Administrative Code, the designated representative shall notify the USEPA and Ohio EPA of such change in the opt-in source's affected status within thirty days of such change.

(B) USEPA's action.

(1) The USEPA will terminate the opt-in source's opt-in permit and deduct allowances as provided below in any of the following circumstances:

(a) When an opt-in source has permanently shutdown. The USEPA shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under rule 3745-103-41 of the Administrative Code for the calendar year in which the shut down occurs and for all future years following the year in which the shut down occurs.

(b) When an opt-in source has undergone a modification that qualifies as a reconstruction as defined in 40 CFR 60.15. The USEPA shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under rule 3745-103-41 of the Administrative Code for the calendar year in which the reconstruction is completed and all future years following the year in which the reconstruction is completed.

(c) When an opt-in source becomes an affected unit under rule 3745-103-02 of the Administrative Code. The USEPA shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under rule 3745-103-41 of the Administrative Code the calendar year in which the opt-in source becomes affected under rule 3745-103-02 of the Administrative Code and all future years following the calendar year in which the opt-in source becomes affected under rule 3745-103-02 of the Administrative Code.

(d) When an opt-in source does not renew its opt-in permit. The USEPA shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under rule 3745-103-41 of the Administrative Code for the calendar year in which the opt-in source's opt-in permit expires and all future years following the year in which the opt-in source's opt-in permit expires.

Effective: 10/20/2017
Five Year Review (FYR) Dates: 7/31/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 9/10/97, 1/12/07, 11/10/11