Chapter 3745-108 Hg Budget Trading Program

[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 “Incorporation by Reference” section at the end of this rule.]

(A) This chapter of the Administrative Code establishes the Hg budget trading program in Ohio as a means to control and reduce mercury emissions from Hg budget sources in the state. The director authorizes the administrator to assist the director in implementing Ohio’s Hg budget trading program as a participant in the federal Hg budget trading program by carrying out the functions set forth for the administrator in this chapter.

(B) The terms used in this chapter shall have the meanings set forth in this rule as follows:

(1) “Account number” means the identification number given by the administrator to each Hg allowance tracking system account.

(2) “Acid rain emissions limitation” means a limitation on emissions of sulfur dioxide or nitrogen oxides under the acid rain program.

(3) “Acid rain program” means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the administrator under Title IV of the Clean Air Act and 40 CFR Parts 72 to 78.

(4) “Administrator” means the administrator of the United States environmental protection agency or the administrator’s duly authorized representative.

(5) “Allocate” or “allocation” means the determination by the permitting authority or the administrator of the amount of Hg allowances to be initially credited to a Hg budget unit or a new unit set-aside under rule 3745-108-04 of the Administrative Code.

(6) “Allowance transfer deadline” means, for a control period, midnight of March first, if it is a business day, or, if March first is not a business day, midnight of the first business day following March first, and is the deadline by which a Hg allowance transfer must be submitted for recordation in a Hg budget source’s compliance account in order to be used to meet the source’s Hg budget emissions limitation for such control period in accordance with paragraph (D) of rule 3745-108-05 of the Administrative Code.

(7) “Alternate Hg designated representative” means, for a Hg budget source and each Hg budget unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source in accordance with rule 3745-108-02 of the Administrative Code, to act on behalf of the Hg designated representative in matters pertaining to the Hg budget trading program.

(8) “ASTM” means the American society for testing and materials, also known as ASTM International.

(9) “Automated data acquisition and handling system” or “DAHS” means that component of the continuous emission monitoring system (CEMS), or other emissions monitoring system approved for use under rule 3745-108-07 of the Administrative Code, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required under rule 3745-108-07 of the Administrative Code.

(10) “Boiler” means an enclosed fossil-fuel or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(11) “Bottoming-cycle cogeneration unit” means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

(12) “Btu” means British thermal unit.

(13) “CAIR NOx annual trading program” means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the administrator in accordance with 40 CFR Part 96, Subparts AA to II and 40 CFR 51.123, as a means of mitigating interstate transport of fine particulates and nitrogen oxides.

(14) “CAIR NOx ozone season trading program” means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the administrator in accordance with 40 CFR Part 96, Subparts AAAA to IIII and 40 CFR 51.123, as a means of mitigating interstate transport of ozone and nitrogen oxides.

(15) “CAIR SO2 trading program” means a multi-state sulfur dioxide air pollution control and emission reduction program approved and administered by the administrator in accordance with 40 CFR Part 96, Subparts AAA to III and 40 CFR 51.124, as a means of mitigating interstate transport of fine particulates and sulfur dioxide.

(16) “Clean Air Act” or “CAA” means the Clean Air Act, 42 USC 7401 to 7671q.

(17) “CO2” means carbon dioxide.

(18) “Coal” means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by the American society of testing and materials (ASTM) standard specification for classification of coals by rank D388-77, 90, 91, 95, 98a, or 99 (reapproved 2004)1 (incorporated by reference, see 60.17) and coal refuse. Synthetic fuels derived from coal for the purpose of creating useful heat, including but not limited to solvent-refined coal, gasified coal, coal-oil mixtures, and coal-water mixtures are included in this definition for the purposes of this rule.

(19) “Coal-derived fuel” means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

(20) “Coal-fired” means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year.

(21) “Cogeneration unit” means a stationary, coal-fired boiler or stationary, coal-fired combustion turbine:

(a) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and

(b) Producing during the twelve-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity:

(i) For a topping-cycle cogeneration unit:

(a) Useful thermal energy not less than five per cent of total energy output; and

(b) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 per cent of total energy input, if useful thermal energy produced is fifteen per cent or more of total energy output, or not less than forty-five per cent of total energy input, if useful thermal energy produced is less than fifteen per cent of total energy output;

(ii) For a bottoming-cycle cogeneration unit, useful power not less than forty-five per cent of total energy input.

(22) “Combustion turbine” means:

(a) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(b) If the enclosed device under paragraph (B)(22)(a) of this rule is combined cycle, any associated heat recovery steam generator and steam turbine.

(23) “Commence commercial operation” means, with regard to a unit serving a generator:

(a) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in paragraph (D) of rule 3745-108-01 of the Administrative Code.

(i) For a unit that is a Hg budget unit under paragraph (C) of rule 3745-108-01 of the Administrative Code, on the date the unit commences commercial operation as defined in paragraph (B)(24)(a) of this rule and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the unit’s date of commencement of commercial operation.

(ii) For a unit that is a Hg budget unit under paragraph (C) of rule 3745-108-01 of the Administrative Code on the date the unit commences commercial operation as defined in paragraph (B)(24)(a) of this rule and that is subsequently replaced by a unit at the same source (e.g., repowered), the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (B)(24)(a) or (B)(24)(b) of this rule as appropriate.

(b) Notwithstanding paragraph (B)(24)(a) of this rule and except as provided in paragraph (D) of rule 3745-108-01 of the Administrative Code, for a unit that is not a Hg budget unit under paragraph (D) of rule 3745-108-01 of the Administrative Code on the date the unit commences commercial operation as defined in paragraph (B)(24)(a) of this rule, the unit’s date for commencement of commercial operation shall be the date on which the unit becomes a Hg budget unit under paragraph (D) of rule 3745-108-01 of the Administrative Code.

(i) For a unit with a date for commencement of commercial operation as defined in paragraph (B)(24)(b) of this rule and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the unit’s date of commencement of commercial operation.

(ii) For a unit with a date for commencement of commercial operation as defined in paragraph (B)(24)(b) of this rule and that is subsequently replaced by a unit at the same source (e.g., repowered), the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (B)(24)(a) or (B)(24)(b) of this rule as appropriate.

(24) “Commence operation” means:

(a) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, startup of a unit’s combustion chamber, except as provided in paragraph (D) of rule 3745-108-01 of the Administrative Code.

(i) For a unit that is a Hg budget unit under paragraph (C) of rule 3745-108-01 of the Administrative Code on the date the unit commences operation as defined in paragraph (B)(25)(a) of this rule and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the unit’s date of commencement of operation.

(ii) For a unit that is a Hg budget unit under paragraph (C) of rule 3745-108-01 of the Administrative Code on the date the unit commences operation as defined in paragraph (B)(25)(a) of this rule and that is subsequently replaced by a unit at the same source (e.g., repowered), the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (B)(25)(a) or (B)(25)(b) of this rule as appropriate.

(b) Notwithstanding paragraph (B)(25)(a) of this rule and except as provided in paragraph (D) of rule 3745-108-01 of the Administrative Code, for a unit that is not a Hg budget unit under paragraph (C) of rule 3745-108-01 of the Administrative Code on the date the unit commences operation as defined in paragraph (B)(25)(a) of this rule, the unit’s date for commencement of operation shall be the date on which the unit becomes a Hg budget unit under paragraph (C) of rule 3745-108-01 of the Administrative Code.

(i) For a unit with a date for commencement of operation as defined in paragraph (B)(25)(b) of this rule and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the unit’s date of commencement of operation.

(ii) For a unit with a date for commencement of operation as defined in paragraph (B)(25)(b) of this rule and that is subsequently replaced by a unit at the same source (e.g., repowered), the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (B)(25)(a) or (B)(25)(b) of this rule as appropriate.

(25) “Common stack” means a single flue through which emissions from two or more units are exhausted.

(26) “Compliance account” means a Hg allowance tracking system account, established by the administrator for a Hg budget source under rule 3745-108-05 of the Administrative Code, in which any Hg allowance allocations for the Hg budget units at the source are initially recorded and in which are held any Hg allowances available for use for a control period in order to meet the source’s Hg budget emissions limitation in accordance with paragraph (D) of rule 3745-108-05 of the Administrative Code.

(27) “Continuous emission monitoring system” or “CEMS” means the equipment required under rule 3745-108-07 of the Administrative Code to sample, analyze, measure, and provide, by means of readings recorded at least once every fifteen minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of Hg emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with 40 CFR Part 75. The following systems are the principal types of CEMS required under rule 3745-108-07 of the Administrative Code:

(a) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in units of standard cubic feet per hour;

(b) A Hg concentration monitoring system, consisting of a Hg pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of Hg emissions in units of micrograms per dry standard cubic meter;

(c) A moisture monitoring system, as defined in 40 CFR 75.11(b)(2) and providing a permanent, continuous record of the stack gas moisture content, in per cent H2O.

(d) A carbon dioxide monitoring system, consisting of a CO2 concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the CO2 concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO2 emissions, in per cent CO2; and

(e) An oxygen monitoring system, consisting of an O2 concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O2 concentration, in per cent O2.

(28) “Control period” means the period beginning January first of a calendar year and ending on December thirty-first of the same year, inclusive.

(29) “Director” means the director of the Ohio environmental protection agency.

(30) “Emissions” means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the Hg designated representative and as determined by the administrator in accordance with rule 3745-108-07 of the Administrative Code.

(31) “Excess emissions” means any ounce of mercury emitted by the Hg budget units at a Hg budget source during a control period that exceeds the Hg budget emissions limitation for the source.

(32) “General account” means an Hg allowance tracking system account, established under paragraph (A) of rule 3745-108-05 of the Administrative Code, that is not a compliance account.

(33) “Generator” means a device that produces electricity.

(34) “Gross electrical output” means with regard to a cogeneration unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

(35) “H2O” means water.

(36) “Heat input” means, with regard to a specified period of time, the product (in mmBtu per unit of time) of the gross calorific value of the fuel (in Btu per pound) divided by one million Btus per mmBtu and multiplied by the fuel feed rate into a combustion device (in pounds of fuel per unit time), as measured, recorded, and reported to the administrator by the Hg designated representative and determined by the administrator in accordance with rule 3745-108-07 of the Administrative Code and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

(37) “Heat input rate” means the amount of heat input (in mmBtu) divided by unit operating time (in hours) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hours) during which the unit combusts the fuel.

(38) “Hg” means mercury.

(39) “Hg authorized account representative” means, with regard to a general account, a responsible natural person who is authorized, in accordance with paragraph (B) of rule 3745-108-05 of the Administrative Code, to transfer and otherwise dispose of Hg allowances held in the general account and, with regard to a compliance account, the Hg designated representative of the source.

(40) “Hg allowance” means a limited authorization issued by the permitting authority or the administrator under rule 3745-108-04 of the Administrative Code to emit one ounce of mercury during a control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the Hg budget trading program. An authorization to emit mercury that is not issued under the provisions of a state plan that are approved by the administrator in accordance with 40 CFR 60.24(h)(6) shall not be a Hg allowance.

(41) “Hg allowance deduction” or “deduct Hg allowances” means the permanent withdrawal of Hg allowances by the administrator from a compliance account in order to account for a specified number of ounces of total mercury emissions from all Hg budget units at a Hg budget source for a control period, determined in accordance with rules 3745-108-05 and 3745-108-07 of the Administrative Code, or to account for excess emissions.

(42) “Hg allowances held” or “hold Hg allowances” means the Hg allowances recorded by the administrator, or submitted to the administrator for recordation, in accordance rules 3745-108-05 and 3745-108-06 of the Administrative Code, in a Hg allowance tracking system account.

(43) “Hg allowance tracking system” means the system by which the administrator records allocations, deductions, and transfers of Hg allowances under the Hg budget trading program. Such allowances shall be allocated, held, deducted, or transferred only as whole allowances.

(44) “Hg allowance tracking system account” means an account in the Hg allowance tracking system established by the administrator for purposes of recording the allocation, holding, transferring, or deducting of Hg allowances.

(45) “Hg budget emissions limitation” means, for a Hg budget source, the equivalent in ounces of the Hg allowances available for deduction for the source under paragraphs (D)(1) and (D)(2) of rule 3745-108-05 of the Administrative Code for a control period.

(46) “Hg budget permit” means the legally binding and federally enforceable written document, or portion of such document, issued by the director under rule 3745-108-03 of the Administrative Code, including any permit revisions, specifying the Hg budget trading program requirements applicable to a Hg budget source, to each Hg budget unit at the source, and to the owners and operators and the Hg designated representative of the source and each such unit.

(47) “Hg budget source” means a source that includes one or more Hg budget units.

(48) “Hg budget trading program” means a multi-state Hg air pollution control and emission reduction program approved and administered by the administrator in accordance with 40 CFR Part 60, Subpart HHHH and 40 CFR 60.24(h)(6), as a means of reducing national Hg emissions.

(49) “Hg budget unit” means a unit that is subject to the Hg budget trading program under paragraph (C) of rule 3745-108-01 of the Administrative Code.

(50) “Hg designated representative” means, for a Hg budget source and each Hg budget unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with rule 3745-108-02 of the Administrative Code, to represent and legally bind each owner and operator in matters pertaining to the Hg budget trading program.

(51) “hr” means hour.

(52) “kW” means kilowatt electrical.

(53) “kWh” means kilowatt hour.

(54) “lb” means pound.

(55) “Life-of-the-unit, firm power contractual arrangement” means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:

(a) For the life of the unit;

(b) For a cumulative term of no less than thirty years, including contracts that permit an election for early termination; or

(c) For a period no less than twenty-five years or seventy per cent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

(56) “Maximum design heat input” means, starting from the initial installation of a unit, the maximum amount of fuel per hour (in Btu per hour) that a unit is capable of combusting on a steady-state basis as specified by the manufacturer of the unit, or, starting from the completion of any subsequent physical change in the unit resulting in a decrease in the maximum amount of fuel per hour (in Btu per hour) that a unit is capable of combusting on a steady-state basis, such decreased maximum amount as specified by the person conducting the physical change.

(57) “mmBtu” means million British thermal units.

(58) “Monitoring system” means any monitoring system that meets the requirements of rule 3745-108-07 of the Administrative Code, including a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under 40 CFR Part 75.

(59) “MWe” means megawatts electric.

(60) “MWh” means megawatt hour.

(61) “Nameplate capacity” means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady-state basis and during continuous operation (when not restricted by seasonal or other deratings) as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady-state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as specified by the person conducting the physical change.

(62) “NOx” means nitrogen oxides.

(63) “O2” means oxygen.

(64) “Operator” means any person who operates, controls, or supervises a Hg budget unit or a Hg budget source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

(65) “Ounce” means 2.84×10+7 micrograms. For the purpose of determining compliance with the Hg budget emissions limitation, total ounces of mercury emissions for a control period shall be calculated as the sum of all recorded hourly emissions (or the mass equivalent of the recorded hourly emission rates) in accordance with rule 3745-108-07 of the Administrative Code, but with any remaining fraction of an ounce equal to or greater than 0.50 ounces deemed to equal one ounce and any remaining fraction of an ounce less than 0.50 ounces deemed to equal zero ounces.

(66) “Owner” means any of the following persons:

(a) With regard to a Hg budget source or a Hg budget unit at a source, respectively:

(i) Any holder of any portion of the legal or equitable title in a Hg budget unit at the source or the Hg budget unit;

(ii) Any holder of a leasehold interest in a Hg budget unit at the source or the Hg budget unit; or

(iii) Any purchaser of power from a Hg budget unit at the source or the Hg budget unit under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such Hg budget unit; or

(b) With regard to any general account, any person who has an ownership interest with respect to the Hg allowances held in the general account and who is subject to the binding agreement for the Hg authorized account representative to represent the person’s ownership interest with respect to Hg allowances.

(67) “ppm means parts per million.

(68) “Permitting authority” means the state air pollution control agency, local agency, other state agency, or other agency authorized by the administrator to issue or revise permits to meet the requirements of the Hg budget trading program in accordance with 40 CFR 60.4120 to 60.4124 or, if no such agency has been so authorized, the administrator.

(69) “Potential electrical output capacity” means thirty-three per cent of a unit’s maximum design heat input, divided by three thousand four hundred thirteen Btu per kWh, divided by one thousand kWh per MWh, and multiplied by eight thousand seven hundred sixty hours per year.

(70) “Receive” or “receipt of” means, when referring to the director or the administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the director or the administrator in the regular course of business.

(71) “Recordation,” “record,” or “recorded” means, with regard to Hg allowances, the movement of Hg allowances by the administrator into or between Hg allowance tracking system accounts, for purposes of allocation, transfer, or deduction.

(72) “Reference method” means any direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR 75.22.

(73) “Repowered” means, with regard to a unit, replacement of a coal-fired boiler with one of the following coal-fired technologies at the same source as the coal-fired boiler:

(a) Atmospheric or pressurized fluidized bed combustion;

(b) Integrated gasification combined cycle;

(c) Magneto hydrodynamics;

(d) Direct and indirect coal-fired turbines;

(e) Integrated gasification fuel cells; or

(f) As determined by the administrator, a derivative of one or more of the technologies under paragraphs (B)(75)(a) to (B)(75)(e) of this rule and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005.

(74) “scfh” means standard cubic feet per hour.

(75) “Serial number” means, for a Hg allowance, the unique identification number assigned to each Hg allowance by the administrator.

(76) “Sequential use of energy” means:

(a) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or

(b) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.

(77) “SO2” means sulfur dioxide.

(78) “Source” means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. For purposes of section 502(c) of the CAA, a source, including a source with multiple units, shall be considered a single facility.

(79) “State” means:

(a) For purposes of referring to a governing entity, the state, or where the context indicates, any one of the states in the United States, the District of Columbia, or, if approved for treatment as a State under 40 CFR Part 49, the Navajo Nation or Ute Indian Tribe that adopts the Hg budget trading program pursuant to 40 CFR 60.24(h)(6); or

(b) For purposes of referring to geographic areas, the state, or where the context indicates, any one of the states in the United States, the District of Columbia, the Navajo Nation Indian country, or the Ute Tribe Indian country.

(80) “Submit” or “serve” means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable requirement in this chapter:

(a) In person;

(b) By United States postal service; or

(c) By other means of dispatch or transmission and delivery. Compliance with any submission or service deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

(81) “Title V operating permit” means a permit issued under Chapter 3745-77 of the Administrative Code.

(82) “Title V operating permit regulations” means Chapters 3745-77 and 3745-78 of the Administrative Code.

(83) “Topping-cycle cogeneration unit” means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

(84) “Total energy input” means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself.

(85) “Total energy output” means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.

(86) “Unit” means a stationary coal-fired boiler or a stationary coal-fired combustion turbine.

(87) “Unit operating day” means a calendar day in which a unit combusts any fuel.

(88) “Unit operating hour” or “hour of unit operation” means an hour in which a unit combusts any fuel.

(89) “Useful power” means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

(90) “Useful thermal energy” means, with regard to a cogeneration unit, thermal energy that is:

(a) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

(b) Used in a heat application (e.g., space heating or domestic hot water heating); or

(c) Used in a space cooling application (i.e., thermal energy used by an absorption chiller).

(91) “USEPA” means the United States environmental protection agency.

(92) “Utility power distribution system” means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.

(93) “yr” means year.

(C) Applicability. The following units in a state shall be Hg budget units, and any source that includes one or more such units shall be a Hg budget source, subject to the requirements of this chapter.

(1) Except as provided in paragraph (C)(2) of this rule, any stationary, coal-fired boiler or stationary, coal-fired combustion turbine serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale.

(a) If a stationary boiler or stationary combustion turbine that, under paragraph (C)(1) of this rule, is not a Hg Budget unit begins to combust coal or coal-derived fuel or to serve a generator with nameplate capacity of more than twenty-five MWe producing electricity for sale, the unit shall become a Hg budget unit as provided in paragraph(C)(1) of this rule on the first date on which it both combusts coal or coal-derived fuel and serves such generator.

(2) The units in a state that meet the requirements set forth in paragraphs (C)(2)(a) or (C)(2)(c) of this section shall not be Hg budget units:

(a) Any unit that is a Hg budget unit under paragraph (C)(1) or (C)(1)(a) of this rule:

(i) Qualifying as a cogeneration unit during the twelve-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and

(ii) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than twenty-five MWe supplying in any calendar year more than one-third of the unit’s potential electric output capacity or two hundred nineteen thousand MWh, whichever is greater, to any utility power distribution system for sale.

(b) If a unit qualifies as a cogeneration unit during the twelve-month period starting on the date the unit first produces electricity and meets the requirements of paragraph (C)(2)(a) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a Hg budget unit starting on the earlier of January first after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January first after the first calendar year during which the unit no longer meets the requirements of paragraph (C)(2)(a)(ii) of this rule.

(c) Any unit that is a Hg budget unit under paragraph (C)(1) or (C)(1)(a) of this rule, is a solid waste incineration unit combusting municipal waste, and is subject to the requirements of:

(i) A state plan approved by the administrator in accordance with 40 CFR Part 60, Subpart Cb (emissions guidelines and compliance times for certain large municipal waste combustors);

(ii) 40 CFR Part 60, Subpart Eb (standards of performance for certain large municipal waste combusters);

(iii) 40 CFR Part 60, Subpart AAAA (standards of performance for certain small municipal waste combusters);

(iv) A state plan approved by the administrator in accordance with 40 CFR Part 60, Subpart BBBB (emission guidelines and compliance times for certain small municipal waste combustion units);

(v) 40 CFR Part 62, Subpart FFF, (federal plan requirements for certain large municipal waste combustors); or

(vi) 40 CFR Part 62, Subpart JJJ, (federal plan requirements for certain small municipal waste combustion units).

(D) Retired unit exemption.

(1) Standard provisions.

(a) Any Hg budget unit that is permanently retired shall be exempt from the Hg budget trading program, except for the provisions of this paragraph, paragraphs (B), (C), (E)(3)(d) to (E)(3)(g) and (F) of this rule, and rules 3745-108-05 and 3745-108-06 of the Administrative Code.

(b) The exemption under paragraph (D)(1)(a) of this rule shall become effective the day on which the Hg budget unit is permanently retired. Within thirty days of the unit’s permanent retirement, the Hg designated representative shall submit a statement to the director and shall submit a copy of the statement to the administrator. The statement shall state, in a format prescribed by the director, that the unit was permanently retired on a specific date and shall comply with the requirements of paragraph (D)(2) of this rule.

(c) After receipt of the statement under paragraph (D)(1)(b) of this rule, the director shall amend any permit under rule 3745-108-03 of the Administrative Code covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (D)(1)(a) and (D)(2) of this rule.

(2) Special provisions.

(a) A unit exempt under paragraph(D)(1) of this rule shall not emit any mercury, starting on the date that the exemption takes effect.

(b) The director shall allocate Hg allowances under rule 3745-108-04 of the Administrative Code to a unit exempt under paragraph (D)(1) of this rule.

(c) For a period of five years from the date the records are created, the owners and operators of a unit exempt under paragraph (D)(1) of this rule shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The five-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the director or the administrator. The owners and operators bear the burden of proof that the unit is permanently retired.

(d) The owners and operators and, to the extent applicable, the Hg designated representative of a unit exempt under paragraph (D)(1) of this rule shall comply with the requirements of the Hg budget trading program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.

(e) A unit exempt under paragraph (D)(1) of this rule and located at a source that is required, or but for this exemption would be required, to have a Title V operating permit shall not resume operation unless the Hg designated representative of the source submits a complete Hg budget permit application under paragraph (C) of rule 3745-108-03 of the Administrative Code for the unit not less than eighteen months (or such lesser time provided by the director) before the later of January 1, 2010 or the date on which the unit resumes operation.

(f) On the earlier of the following dates, a unit exempt under paragraph (D)(1) of this rule shall lose its exemption:

(i) The date on which the Hg designated representative submits a Hg budget permit application for the unit under paragraph (D)(2)(e) of this rule;

(ii) The date on which the Hg designated representative is required under paragraph (D)(2)(e) of this rule to submit a Hg budget permit application for the unit; or

(iii) The date on which the unit resumes operation, if the Hg designated representative is not required to submit a Hg budget permit application for the unit.

(g) For the purpose of applying monitoring, reporting, and record keeping requirements under rule 3745-108-07 of the Administrative Code, a unit that loses its exemption under paragraph (D)(1) of this rule shall be treated as a unit that commences operation and commercial operation on the first date on which the unit resumes operation.

(E) Standard requirements.

(1) Permit requirements.

(a) The Hg designated representative of each Hg budget source required to have a Title V operating permit and each Hg budget unit required to have a Title V operating permit at the source shall:

(i) Submit to the director a complete Hg budget permit application under paragraph (C) of 3745-108-03 of the Administrative Code in accordance with the deadlines specified in paragraphs (B)(1) and (B)(2) of rule 3745-108-03 of the Administrative Code; and

(ii) Submit in a timely manner any supplemental information the director determines is necessary in order to review a Hg budget permit application and issue or deny a Hg budget permit.

(b) The owners and operators of each Hg budget source required to have a Title V operating permit and each Hg budget unit required to have a Title V operating permit at the source shall have a Hg budget permit issued by the director under rule 3745-108-03 of the Administrative Code for the source and operate the source and the unit in compliance with such Hg budget permit.

(c) The owners and operators of a Hg budget source that is not required to have a Title V operating permit and each Hg budget unit that is not required to have a Title V operating permit are not required to submit a Hg budget permit application, and to have a Hg budget permit, under rule 3745-108-03 of the Administrative Code for such Hg budget source and such Hg budget unit.

(2) Monitoring, reporting, and record keeping requirements.

(a) The owners and operators, and the Hg designated representative, of each Hg budget source and each Hg budget unit at the source shall comply with the monitoring, reporting, and record keeping requirements of rule 3745-108-07 of the Administrative Code.

(b) The emissions measurements recorded and reported in accordance with rule 3745-108-07 of the Administrative Code shall be used to determine compliance by each Hg budget source with the Hg budget emissions limitation under paragraph (E)(3) of this rule.

(3) Mercury emission requirements.

(a) As of the allowance transfer deadline for a control period, the owners and operators of each Hg budget source and each Hg budget unit at the source shall hold, in the source’s compliance account, Hg allowances available for compliance deductions for the control period under paragraph (D)(1) of rule 3745-108-05 of the Administrative Code in an amount not less than the ounces of total mercury emissions for the control period from all Hg budget units at the source, as determined in accordance with rule 3745-108-07 of the Administrative Code.

(b) A Hg budget unit shall be subject to the requirements under paragraph (E)(3)(a) of this rule starting on the later of January 1, 2010 or the deadline for meeting the unit’s monitor certification requirements under paragraph (A)(2)(a) or (A)(2)(b) of rule 3745-108-07 of the Administrative Code.

(c) A Hg allowance shall not be deducted, for compliance with the requirements under paragraph (E)(3)(a) of this rule, for a control period in a calendar year before the year for which the Hg allowance was allocated.

(d) Hg allowances shall be held in, deducted from, or transferred into or among Hg allowance tracking system accounts in accordance with rule 3745-108-06 of the Administrative Code.

(e) A Hg allowance is a limited authorization to emit one ounce of mercury in accordance with the Hg budget trading program. No provision of the Hg budget trading program, the Hg budget permit application, the Hg budget permit, or an exemption under paragraph (D) of rule 3745-108-01 of the Administrative Code and no provision of law shall be construed to limit the authority of the state or the United States to terminate or limit such authorization.

(f) A Hg allowance does not constitute a property right.

(g) Upon recordation by the administrator under rules 3745-108-05 and 3745-108-06 of the Administrative Code, every allocation, transfer, or deduction of a Hg allowance to or from a Hg budget unit’s compliance account is incorporated automatically in any Hg budget permit of the source that includes the Hg budget unit.

(4) Excess emissions requirements.

(a) If a Hg budget source emits mercury during any control period in excess of the Hg budget emissions limitation, then:

(i) The owners and operators of the source and each Hg budget unit at the source shall surrender the Hg allowances required for deduction under paragraph (D)(4)(a) of rule 3745-108-05 of the Administrative Code and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act or applicable state law; and

(ii) Each ounce of such excess emissions and each day of such control period shall constitute a separate violation of this rule, the Clean Air Act, and applicable state law.

(5) Record keeping and reporting requirements.

(a) Unless otherwise provided, the owners and operators of the Hg budget source and each Hg budget unit at the source shall keep on site at the source each of the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time before the end of five years, in writing by the director or the administrator:

(i) The certificate of representation under paragraph (D) of rule 3745-108-02 of the Administrative Code for the Hg designated representative for the source and each Hg budget unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new certificate of representation under paragraph (D) of rule 3745-108-02 of the Administrative Code changing the Hg designated representative;

(ii) All emissions monitoring information, in accordance with rule 3745-108-07 of the Administrative Code, provided that to the extent that rule 3745-108-07 of the Administrative Code provides for a three-year period for record keeping, the three-year period shall apply;

(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the Hg budget trading program;

(iv) Copies of all documents used to complete a Hg budget permit application and any other submission under the Hg budget trading program or to demonstrate compliance with the requirements of the Hg budget trading program.

(b) The Hg designated representative of a Hg budget source and each Hg budget unit at the source shall submit the reports required under the Hg budget trading program, including those under rule 3745-108-07 of the Administrative Code.

(6) Liability.

(a) Each Hg budget source and each Hg budget unit shall meet the requirements of the Hg budget trading program.

(b) Any provision of the Hg budget trading program that applies to a Hg budget source or the Hg designated representative of a Hg budget source shall also apply to the owners and operators of such source and of the Hg budget units at the source.

(c) Any provision of the Hg budget trading program that applies to a Hg budget unit or the Hg designated representative of a Hg budget unit shall also apply to the owners and operators of such unit.

(7) Effect on other authorities. No provision of the Hg budget trading program, a Hg budget permit application, a Hg budget permit, or an exemption under paragraph (D) of rule 3745-108-01 of the Administrative Code shall be construed as exempting or excluding the owners and operators, and the Hg designated representative, of a Hg budget source or Hg budget unit from compliance with any other provision of the applicable, approved state implementation plan, a federally enforceable permit, or the CAA.

(F) Computation of time.

(1) Unless otherwise stated, any time period scheduled, under the Hg budget trading program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.

(2) Unless otherwise stated, any time period scheduled, under the Hg budget trading program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.

(3) Unless otherwise stated, if the final day of any time period, under the Hg budget trading program, falls on a weekend or a state or federal holiday, the time period shall be extended to the next business day.

(G) Appeal procedures.

(1) The appeal procedures for decisions of the administrator under the Hg budget trading program shall be the procedures set forth in 40 CFR Part 78, applied by replacing the terms “subParts AA through II of Part 96 of this chapter,” “§96.141(b)(2) or (c)(2),” “§96.154,” “§96.156,” “§96.161,” “§96.175,” “CAIR NOx allowances,” “CAIR NOx Allowance Tracking System account,” “CAIR designated representative,” “CAIR authorized account representative,” and “§96.106” by the terms “Clean Air Mercury Rule in Ohio,” “3745-108-05(D),” “3745-108-05(F),” “3745-108-06(B),” “3745-108-07(F),” “Hg allowances,” “Hg Allowance Tracking System Account,” “Hg designated representative,” “Hg authorized account representative,” and “3745-108-01(E).”

(2) The appeal procedures for final actions of the director made under this chapter shall be the procedures set forth in Chapter 3745-47 of the Administrative Code.

(H) Incorporation by reference.

This chapter includes references to certain matter or material. The text of the incorporated materials is not included in the regulations contained in this chapter. The materials are hereby made a part of the regulations in this chapter. For materials subject to change, only the specific version specified in the regulation are incorporated. Material is incorporated 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 incorporated unless and until this rule has been amended to specify the new dates.

(1) Availability. The materials incorporated by reference are available as follows:

(a) Clean Air Act as defined in this rule. 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 most public libraries and “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 Ohio public libraries and “The State Library of Ohio.”

(c) American society for testing materials (ASTM). Information and copies may be obtained by writing to: “ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19426-2959.” These documents are available for purchase at www.astm.org. ASTM documents are also generally available at local public libraries and “The State Library of Ohio.”

(d) United States Code. 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 United States Code is also available in electronic format at http://www4.law.cornell.edu/uscode/. The U.S.C. compilations are also available for inspection and copying at most public libraries and “The State Library of Ohio.”

(2) Incorporated materials.

(a) Clean Air Act, as amended November 15, 1990, 42 USC 7401 to 7671q.

(b) Clean Air Act, “Title IV – Acid Deposition Control;” July 14, 1955, ch. 360, title IV, Sec. 401 through 416, as added Pub. L. 101-549, title IV, Secs. 401-416, Nov. 15, 1990, 104 Stat. 2584, 2585, 2589, 2592, 2605, 2613, 2616, 2619, 2621, 2623, 2624, 2625, 2626.

(c) 40 CFR 51.123, “Findings and requirements for submission of state implementation plan revisions relating to emissions of oxides of nitrogen pursuant to the Clean Air Interstate Rule;” 70 FR 25161, May 12, 2005.

(d) 40 CFR 51.124, “Findings and requirements for submission of state implementation plan revisions relating to emissions of sulfur dioxide pursuant to the Clean Air Interstate Rule;” 70 FR 25161, May 12, 2005.

(e) 40 CFR 60.24; “Emission standards and compliance schedules;” 40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995; 65 FR 76384, Dec. 6, 2000.

(f) 40 CFR 72.2, ‘Definitions;” 58 FR 3650, Jan. 11, 1993, as amended at 58 FR 15647, Mar. 23, 1993; 58 FR 33770, June 21, 1993; 58 FR 40747, July 30, 1993; 60 FR 17111, Apr. 4, 1995; 60 FR 18468, Apr. 11, 1995; 60 FR 26514, May 17, 1995; 62 FR 55475, Oct. 24, 1997; 63 FR57498, Oct. 27, 1998; 63 FR 68404, Dec. 11, 1998; 64 FR 25842, May 13, 1999; 64 FR 28586, May 26, 1999; 67 FR 40420, June 12, 2002; 67 FR 53504, Aug. 16, 2002; 70 FR 25333, May 12, 2005; 70 FR 28690, May 18, 2005.

(g) 40 CFR 75.11; “Specific provisions for monitoring SO2 emissions (SO2 and flow monitors);” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26520, 26566, May 17, 1995; 61 FR 59157, Nov. 20, 1996; 63 FR 57499, Oct. 27, 1998; 64 FR 28590, May 26, 1999; 67 FR 40423, June 12, 2002.

(h) 40 CFR 75.15; “Special provisions for measuring Hg mass emissions using the excepted sorbent trap monitoring methodology;’ 70 FR 28678.

(i) 40 CFR 75.20, “Initial certification and recertification procedures.” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26524, May 17, 1995; 60 FR 40296, Aug. 8, 1995; 61 FR 59158, Nov. 20, 1996; 63 FR 57506, Oct. 27, 1998; 64 FR 28592, May 26, 1999; 67 FR 40431, June 12, 2002.

(j) 40 CFR 75.21. “Quality assurance and quality control requirements.” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26527, 26566, May 17, 1995; 61 FR 25582, May 22, 1996; 61 FR 59159, Nov. 20, 1996; 64 FR 28599, May 26, 1999; 67 FR 40433, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 70 FR 28679, May 18, 2005.

(k) 40 CFR 75.22; “Reference test methods;” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26528, May 17, 1995; 64 FR 28600, May 26, 1999; 67 FR 40433, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 70 FR 28679, May 18, 2005.

(l) 40 CFR 75.34; “Units with add-on emission controls;” 60 FR 26567, May 17, 1995; as amended at 61 FR 59160, Nov. 20, 1996; 64 FR 28604, May 26, 1999; 67 FR 40438, June 12, 2002.

(m) 40 CFR 75.61; “Notifications;” 60 FR 26538, May 17, 1995; as amended at 61 FR 25582, May 22, 1996; 61 FR 59162, Nov. 22, 1996; 64 FR 28620, May 26, 1999; 67 FR 40442, 40443, June 12, 2002.

(n) 40 CFR 75.63; “Initial certification or recertification application;” 64 FR 28621, May 26, 1999; as amended at 67 FR 40443, June 12, 2002.

(o) 40 CFR 75.66; “Petitions to the administrator:” 58 FR 3701, Jan. 11, 1993; as amended at 60 FR 26540, 26569, May 17, 1995; 61 FR 59162, Nov. 20, 1996; 64 FR 28623, May 26, 1999; 67 FR 40444, June 12, 2002.

(p) 40 CFR 75.80, “Action on petitions submitted under section 126 relating to emissions of nitrogen oxides;” 64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65 FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000.

(q) 40 CFR 75.81, “Action on petitions submitted under section 126 relating to emissions of nitrogen oxides;” 64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65 FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000.

(r) 40 CFR 75.82; “Monitoring of Hg mass emissions and heat input at common and multiple stacks;” 70 FR 28684, May 18, 2005.

(s) 40 CFR 75.84; “Recordkeeping and reporting;” 70 FR 28684, May 18, 2005.

(t) 40 CFR Part 49, “Tribal Clean Air Act Authority” as published in the July 1, 2004 Code of Federal Regulations.

(u) 40 CFR Part 70, “State Operating Permit Programs” as published in the July 1, 2004 Code of Federal Regulations.

(v) 40 CFR Part 71, “Federal Operating Permit Programs” as published in the July 1, 2004 Code of Federal Regulations.

(w) 40 CFR Part 72, “Permits Regulations” as published in the July 1, 2004 Code of Federal Regulations.

(x) 40 CFR Part 73; “Sulfur Dioxide Allowance System;” as published in the July 1, 2004 Code of Federal Regulations.

(y) 40 CFR Part 74; “Sulfur Dioxide Opt-ins;” as published in the July 1, 2004 Code of Federal Regulations.

(z) 40 CFR Part 75, “Continuous Emission Monitoring;” as published in the July 1, 2004 Code of Federal Regulations.

(aa) 40 CFR Part 75, Appendix A; “Specifications and Test Procedures;” 58 FR 3701, Jan. 11, 1993; as amended at 60 FR 26541, May 17, 1995; 61 FR 25582, May 22, 1996; 61 FR 59162, Nov. 20, 1996; 63 FR 57512, Oct. 27, 1998; 64 FR 28631, May 26, 1999; 64 FR 37582, July 12, 1999; 67 FR 40448, 40449, 40452, 40453, 40455, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 70 FR 28690, May 18, 2005.

(bb) 40 CFR Part 75, Appendix B; “Quality Assurance and Quality Control Procedures;” 58 FR 3701, Jan. 11, 1993; as amended at 60 FR 26546, 26571, May 17, 1995; 61 FR 59165, Nov. 20, 1996; 64 FR 28644, May 26, 1999; 64 FR 37582, July 12, 1999; 67 FR 40456, 40457, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 67 FR 57274, Sept. 9, 2002; 70 FR 28690, May 18, 2005.

(cc) 40 CFR Part 75, SubPart D; “Missing Data Substitution Procedures;” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26529, May 17, 1995; 61 FR 59160, Nov. 20, 1996; 61 FR 25582, May 22, 1996; 61 FR 59160, Nov. 20, 1996; 64 FR 28600, May 26, 1999; 67 FR 40433, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 67 FR 57274, Sept. 9, 2002.

(dd) 40 CFR Part 75, SubPart E; “Alternative Monitoring Systems;” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26530, May 17, 1995; 60 FR 40296, Aug. 8, 1995; 64 28605, May 26, 1999; 67 FR 40440, June 12, 2002.

(ee) 40 CFR Part 75, SubPart F; “Recordkeeping Requirements;” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26532, May 17, 1995; 61 FR 59161, Nov. 20, 1996; 64 FR 28605, May 26, 1999; 64 FR 37582, July 12, 1999; 67 FR 40440, June 12, 2002; 70 FR 28682, May 18, 2005.

(ff) 40 CFR Part 75, SubPart G; “Reporting Requirements;” 58 FR 3701, Jan. 11, 1993, as amended at 60 FR 17131, Apr. 4, 1995; 60 FR 26538, May 17, 1995; 61 FR 25582, May 22, 1996; 61 FR 59162, Nov. 20, 1996; 62 FR 55487, Oct. 24, 1997; 64 FR 28620, May 26, 1999; 67 FR 40442, June 12, 2002.

(gg) 40 CFR Part 75, SubPart H; “NOX Mass Emissions Provisions;” 63 FR 57507, Oct. 27, 1998, as amended at 64 FR 28624, May 26, 1999; 67 FR 40444, June 12, 2002; 67 FR 53505, Aug. 16, 2002.

(hh) 40 CFR Part 75, SubPart I; “Hg Mass Emission Provisions;” 70 FR 28605-28700, May 18, 2005.

(ii) 40 CFR Part 76; “Acid Rain Nitrogen Oxides Emission Reduction Program;” as published in the July 1, 2004 Code of Federal Regulations.

(jj) 40 CFR Part 77; “Excess Emissions;” as published in the July 1, 2004 Code of Federal Regulations.

(kk) 40 CFR Part 78, “Appeal Procedures For Acid Rain Program” as published in the July 1, 2004 Code of Federal Regulations.

(ll) 42 USC 7401 to 7671q; “The Public Health and Welfare – Air Pollution Prevention and Control;” published January 19, 2004 in supplement III of the 2000 edition of the United States Code.

(mm) ASTM D388-05; “Standard Classification of Coals by Rank;” approved September 15, 2005.

(nn) Section 502(c) of the Clean Air Act; contained in 42 USC 7661;” Permit Programs;” published January 19, 2004 in supplement III of the 2000 edition of the United States Code.

Effective: 05/11/2007

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

(A) Authorization and responsibilities of Hg designated representative.

(1) Except as provided under paragraph (B) of this rule, each Hg budget source, including all Hg budget units at the source, shall have one and only one Hg designated representative, with regard to all matters under the Hg budget trading program concerning the source or any Hg budget unit at the source.

(2) The Hg designated representative of the Hg budget source shall be selected by an agreement binding on the owners and operators of the source and all Hg budget units at the source and shall act in accordance with the certification statement in paragraph (D)(1)(d)(iv) of this rule.

(3) Upon receipt by the administrator of a complete certificate of representation under paragraph (D) of this rule, the Hg designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the Hg budget source represented and each Hg budget unit at the source in all matters pertaining to the Hg budget trading program, notwithstanding any agreement between the Hg designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the Hg designated representative by the director, the administrator, or a court regarding the source or unit.

(4) No Hg budget permit will be issued, no emissions data reports will be accepted, and no Hg allowance tracking system account will be established for a Hg budget unit at a source, until the administrator has received a complete certificate of representation under paragraph (D) of this rule for a Hg designated representative of the source and the Hg budget units at the source.

(5) Certification of Hg budget trading program submissions.

(a) Each submission under the Hg budget trading program shall be submitted, signed, and certified by the Hg designated representative for each Hg budget source on behalf of which the submission is made. Each such submission shall include the following certification statement by the Hg designated representative: “I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

(b) The director and the administrator shall accept or act on a submission made on behalf of owner or operators of a Hg budget source or a Hg budget unit only if the submission has been made, signed, and certified in accordance with paragraph (A)(5)(a) of this rule.

(B) Alternate Hg designated representative.

(1) A certificate of representation under paragraph (D) of this rule shall designate one and only one alternate Hg designated representative, who may act on behalf of the Hg designated representative. The agreement by which the alternate Hg designated representative is selected shall include a procedure for authorizing the alternate Hg designated representative to act in lieu of the Hg designated representative.

(2) Upon receipt by the administrator of a complete certificate of representation under paragraph (D) of this rule, any representation, action, inaction, or submission by the alternate Hg designated representative shall be deemed to be a representation, action, inaction, or submission by the Hg designated representative.

(3) Except in this paragraph; paragraph (B) of rule 3745-108-01 of the Administrative Code; paragraphs (A)(1), (A)(4), (C), and (D) of this rule; paragraph (A) of rule 3745-108-05 of the Administrative Code; and paragraph (E) of rule 3745-108-07 of the Administrative Code, whenever the term “Hg designated representative” is used in this chapter, the term shall be construed to include the Hg designated representative or any alternate Hg designated representative.

(C) Changing Hg designated representative and alternate Hg designated representative; changes in owners and operators.

(1) The Hg designated representative may be changed at any time upon receipt by the administrator of a superseding complete certificate of representation under paragraph (D) of this rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous Hg designated representative before the time and date when the administrator receives the superseding certificate of representation shall be binding on the new Hg designated representative and the owners and operators of the Hg budget source and the Hg budget units at the source.

(2) The alternate Hg designated representative may be changed at any time upon receipt by the administrator of a superseding complete certificate of representation under paragraph (D) of this rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate Hg designated representative before the time and date when the administrator receives the superseding certificate of representation shall be binding on the new alternate Hg designated representative and the owners and operators of the Hg budget source and the Hg budget units at the source.

(3) Changes in owners and operators.

(a) In the event a new owner or operator of a Hg budget source or a Hg budget unit is not included in the list of owners and operators in the certificate of representation under paragraph (D) of this rule, such new owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the Hg designated representative and any alternate Hg designated representative of the source or unit, and the decisions and orders of the director, the administrator, or a court, as if the new owner or operator were included in such list.

(b) Within thirty days following any change in the owners and operators of a Hg budget source or a Hg budget unit, including the addition of a new owner or operator, the Hg designated representative or any alternate Hg designated representative shall submit a revision to the certificate of representation under paragraph (D) of this rule amending the list of owners and operators to include the change.

(D) Certificate of representation.

(1) A complete certificate of representation for a Hg designated representative or an alternate Hg designated representative shall include the following elements in a format prescribed by the administrator:

(a) Identification of the Hg budget source, and each Hg budget unit at the source, for which the certificate of representation is submitted.

(b) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the Hg designated representative and any alternate Hg designated representative.

(c) A list of the owners and operators of the Hg budget source and of each Hg budget unit at the source.

(d) The following certification statements by the Hg designated representative and any alternate Hg designated representative:

(i) “I certify that I was selected as the Hg designated representative or alternate Hg designated representative, as applicable, by an agreement binding on the owners and operators of the source and each Hg budget unit at the source.”

(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the Hg budget trading program on behalf of the owners and operators of the source and of each Hg budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions.”

(iii) “I certify that the owners and operators of the source and of each Hg budget unit at the source shall be bound by any order issued to me by the administrator, the director, or a court regarding the sources or unit.”

(iv) Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a Hg budget unit, or where a customer purchases power from a Hg budget unit under a life-of-the-unit, firm power contractual arrangement, “I certify that: I have given a written notice of my selection as the ‘Hg designated representative’ or ‘alternate Hg designated representative,’ as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each Hg budget unit at the source; and Hg allowances and proceeds of transactions involving Hg allowances shall be deemed to be held or distributed in proportion to each holder’s legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of Hg allowances by contract, Hg allowances and proceeds of transactions involving Hg allowances shall be deemed to be held or distributed in accordance with the contract.”

(e) The signature of the Hg designated representative and any alternate Hg designated representative and the dates signed.

(2) Unless otherwise required by the director or the administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the director or the administrator. Neither the director nor the administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

(E) Objections concerning Hg designated representative.

(1) Once a complete certificate of representation under paragraph (D) of this rule has been submitted and received, the director and the administrator shall rely on the certificate of representation unless and until a superseding complete certificate of representation under paragraph (D) of this rule is received by the administrator.

(2) Except as provided in paragraphs (C)(1) and (C)(2) of rule 3745-108-02 of the Administrative Code, no objection or other communication submitted to the director or the administrator concerning the authorization, or any representation, action, inaction, or submission, of the Hg designated representative shall affect any representation, action, inaction, or submission of the Hg designated representative or the finality of any decision or order by the director or the administrator under the Hg budget trading program.

(3) Neither the director nor the administrator shall adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any Hg designated representative, including private legal disputes concerning the proceeds of Hg allowance transfers.

Effective: 05/11/2007

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

[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 last paragraph of rule 3745-108-01 of the Administrative Code titled “Incorporation by Reference.”]

(A) General Hg budget trading program permit requirements.

(1) For each Hg budget source required to have a Title V operating permit, such permit shall include a Hg budget permit administered by the director for the Title V operating permit. The Hg budget portion of the Title V permit shall be administered in accordance with Chapter 3745-77 of the Administrative Code except as provided otherwise by this rule.

(2) Each Hg budget permit shall contain, with regard to the Hg budget source and the Hg budget units at the source covered by the Hg budget permit, all applicable Hg budget trading program requirements and shall be a complete and separable portion of the Title V operating permit.

(B) Submission of Hg budget permit applications.

(1) The Hg designated representative of any Hg budget source required to have a Title V operating permit shall submit to the director a complete Hg budget permit application under paragraph (C) of this rule for the source covering each Hg budget unit at the source at least eighteen months (or such lesser time provided by the director) before the later of January 1, 2010 or the date on which the Hg budget unit commences operation.

(2) For a Hg budget source required to have a Title V operating permit, the Hg designated representative shall submit a complete Hg budget permit application under paragraph (C) of this rule for the source covering each Hg budget unit at the source to renew the Hg budget permit in accordance with the director’s Title V operating permits regulations addressing permit renewal.

(C) Information requirements for Hg budget permit applications.

A complete Hg budget permit application shall include the following elements concerning the Hg budget source for which the application is submitted, in a format prescribed by the director:

(1) Identification of the Hg budget source;

(2) Identification of each Hg budget unit at the Hg budget source; and

(3) The standard requirements under paragraph (E) of rule 3745-108-01 of the Administrative Code.

(D) Hg budget permit contents and term.

(1) Each Hg budget permit shall contain, in a format prescribed by the director, all elements required for a complete Hg budget permit application under paragraph (C) of rule 3745-108-03 of the Administrative Code.

(2) Each Hg budget permit is deemed to incorporate automatically the definitions of terms under paragraph (B) of rule 3745-108-01 of the Administrative Code and, upon recordation by the administrator under rules 3745-108-05 and 3745-108-06 of the Administrative Code, every allocation, transfer, or deduction of a Hg allowance to or from the compliance account of the Hg budget source covered by the permit.

(3) The term of the Hg budget permit shall be set by the director, as necessary to facilitate coordination of the renewal of the Hg budget permit with issuance, revision, or renewal of the Hg budget source’s Title V operating permit.

(E) Hg budget permit revisions.

Except as provided in paragraph (D)(2) of rule 3745-108-03 of the Administrative Code, the director shall revise the Hg budget permit, as necessary, in accordance with Chapter 3745-77 of the Administrative Code.

Effective: 05/11/2007

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

[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 last paragraph of rule 3745-108-01 of the Administrative Code titled “Incorporation by Reference.”]

(A) State of Ohio trading budget.

Ohio’s Hg trading budget for the years 2010 through 2017 is 2.056 tons (65,792 ounces) per year and for the years 2018 and beyond is 0.812 tons (25,984 ounces) per year.

(B) Timing requirements for Hg allowance allocations.

(1) Within thirty days of the effective date of this rule, but no later than October 31, 2007, the director shall submit to the administrator the Hg allowance allocations, in a format prescribed by the administrator and in accordance with paragraphs (C)(1) and (C)(2) of rule 3745-108-04 of the Administrative Code, for the control periods in 2010, 2011, 2012, 2013, and 2014.

(2) Existing units.

(a) By October 31, 2009 and by October thirty-first every six years thereafter, the director shall submit to the administrator the Hg allowance allocations, in a format prescribed by the administrator and in accordance with paragraphs (C)(1) and (C)(2) of this rule, for the control periods six years, seven years, eight years, nine years, ten years and eleven years after the year of the allowances allocation.

(3) New units.

(a) By October 31, 2010 and October thirty-first of each year thereafter, the director shall submit to the administrator the Hg allowance allocations, in a format prescribed by the administrator and in accordance with paragraphs (C)(1), (C)(4) and (C)(5) of this rule, for the control period in the year of the applicable deadline for submission under this paragraph.

(C) Hg allowance allocations.

(1) The baseline heat input (in mmBtu) used with respect to Hg allowance allocations under paragraph (C)(3) of this rule for each Hg budget unit shall be:

(a) For units commencing operation before January 1, 2001, the average of the three highest amounts of the unit’s control period heat input for 1998 through 2005 (with no adjustment for fuel type combusted as found in U.S. EPA’s model rule); and

(b) For units commencing operation on or after January 1, 2001 and operating each calendar year during a period of five or more consecutive calendar years, the average of the three highest amounts of the unit’s total converted control period heat input over the first such five years.

(2) A unit’s control period heat input for a calendar year under paragraph (C)(1) of this rule, and a unit’s total ounces of Hg emissions during a calendar year under paragraph (C)(4) of this rule, shall be determined in accordance with 40 CFR Part 75, to the extent the unit was otherwise subject to the requirements of 40 CFR Part 75 for the year, or shall be based on the best available data reported to the director for the unit, to the extent the unit was not otherwise subject to the requirements of 40 CFR Part 75 for the year.

(a) A unit’s converted control period heat input for a calendar year specified under paragraph (C)(1)(b) of this rule equals:

(i) Except as provided in paragraphs (C)(2)(a)(ii) and (C)(2)(a)(iii) of this rule, the control period gross electrical output of the generator or generators served by the unit multiplied by seven thousand nine hundred Btu per kWh and divided by one million Btu per mmBtu, provided that if a generator is served by two or more units, then the gross electrical output of the generator shall be attributed to each unit in proportion to the unit’s share of the total control period heat input of such units for the year;

(ii) For a unit that is a boiler and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the total heat energy (in Btu) of the steam produced by the boiler during the control period, divided by 0.8 and by one million Btu per mmBtu; or

(iii) For a unit that is a combustion turbine and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the control period gross electrical output of the enclosed device comprising the compressor, combustor, and turbine multiplied by three thousand four hundred thirteen Btu per kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by one million Btu per mmBtu.

(3) For each control period in 2010 and thereafter, the director shall allocate to all Hg budget units in the state that have a baseline heat input (as determined under paragraph (C)(1) of this rule), in accordance with the following procedure:

(a) A total amount of Hg allowances equal to ninety-five per cent for a control period in 2010 to 2014, and ninety-seven per cent for a control period in 2015 and thereafter, of the amount of ounces (i.e., tons multiplied by thirty-two thousand ounces per ton) of Hg emissions in the state trading budget under paragraph (A) of this rule (except as provided in paragraph (C)(5) of this rule);

(b) The director shall allocate Hg allowances to each Hg budget unit under paragraph (C)(3) of this rule in an amount determined by multiplying the total amount of Hg allowances allocated under paragraph (C)(3) of this rule by the ratio of the baseline heat input of such Hg budget unit to the total amount of baseline heat input of all such Hg budget units in the state and rounding to the nearest whole allowance as appropriate.

(4) For each control period in 2010 and thereafter, the director shall allocate Hg allowances to Hg budget units in the state that commenced operation on or after January 1, 2001 and do not yet have a baseline heat input (as determined under paragraph (C)(1) of this rule), in accordance with the following procedures:

(a) The director shall establish a separate new unit set-aside for each control period. Each new unit set-aside shall be allocated Hg allowances equal to five per cent for a control period in 2010 to 2014, and three per cent for a control period in 2015 and thereafter, of the amount of ounces (i.e., tons multiplied by thirty-two thousand ounces per ton) of Hg emissions in the state trading budget under paragraph (A) of 3745-108-04 of the Administrative Code.

(b) The Hg designated representative of such a Hg budget unit may submit to the director a request, in a format specified by the director, to be allocated Hg allowances, starting with the later of the control period in 2010 or the first control period after the control period in which the Hg budget unit commences commercial operation and until the first control period for which the unit is allocated Hg allowances under paragraph (C)(3) of this rule. The Hg allowance allocation request must be submitted on or before July first of the first control period for which the Hg allowances are requested and after the date on which the Hg budget unit commences commercial operation.

(c) In a Hg allowance allocation request under paragraph (C)(4)(b) of this rule, the Hg designated representative may request for a control period Hg allowances in an amount not exceeding the Hg budget unit’s total ounces of Hg emissions during the control period immediately before such control period.

(d) The director shall review each Hg allowance allocation request under paragraph (C)(4)(b) of this rule and shall allocate Hg allowances for each control period pursuant to such request as follows:

(i) The director shall accept an allowance allocation request only if the request meets, or is adjusted by the director as necessary to meet, the requirements of paragraph (C)(4)(b) or (C)(4)(c) of this rule;

(ii) On or after July first of the control period, the director shall determine the sum of the Hg allowances requested (as adjusted under paragraph (C)(4)(d)(i) of this rule) in all allowance allocation requests accepted under paragraph (C)(4)(d)(i) of this rule for the control period;

(iii) If the amount of Hg allowances in the new unit set-aside for the control period is greater than or equal to the sum under paragraph (C)(4)(d)(ii) of this rule, then the director shall allocate the amount of Hg allowances requested (as adjusted under paragraph (C)(4)(d)(i) of this rule) to each Hg budget unit covered by an allowance allocation request accepted under paragraph (C)(4)(d)(i) of this rule;

(iv) If the amount of Hg allowances in the new unit set-aside for the control period is less than the sum under paragraph (C)(4)(d)(ii) of this rule, then the director shall allocate to each Hg budget unit covered by an allowance allocation request accepted under paragraph (C)(4)(d)(i) of this rule the amount of the Hg allowances requested (as adjusted under paragraph (C)(4)(d)(i) of this rule), multiplied by the amount of Hg allowances in the new unit set-aside for the control period, divided by the sum determined under paragraph (C)(4)(d)(ii) of this rule, and rounded to the nearest whole allowance as appropriate; and

(v) The director shall notify each Hg designated representative that submitted an allowance allocation request of the amount of Hg allowances (if any) allocated for the control period to the Hg budget unit covered by the request.

(5) If, after completion of the procedures under paragraph (C)(4)(d) of this rule for a control period, any unallocated Hg allowances remain in the new unit set-aside for the control period, the director shall allocate to each Hg budget unit that was allocated Hg allowances under paragraph (C)(3) of this rule an amount of Hg allowances equal to the total amount of such remaining unallocated Hg allowances, multiplied by the unit’s allocation under paragraph (C)(3) of this rule, divided by ninety-five per cent for 2010 to 2014, and ninety-seven per cent for 2014 and thereafter, of the amount of ounces (i.e., tons multiplied by thirty-two thousand ounces per ton) of Hg emissions in the state trading budget under paragraph (A) of this rule, and rounded to the nearest whole allowance as appropriate.

Effective: 05/11/2007

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

[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 last paragraph of rule 3745-108-01 of the Administrative Code titled “Incorporation by Reference.”]

(A) Establishment of accounts.

(1) The Hg designated representative shall submit a complete certificate of representation under paragraph (D) of 3745-108-02 of the Administrative Code to the administrator. Upon receipt of the complete certificate of representation, the administrator will establish a compliance account for the Hg budget source for which the certificate of representation was submitted unless the source already has a compliance account.

(2) General accounts.

(a) Any person may apply to open a general account for the purpose of holding and transferring Hg allowances. An application for a general account may designate one and only one Hg authorized account representative and one and only one alternate Hg authorized account representative who may act on behalf of the Hg authorized account representative. The agreement by which the alternate Hg authorized account representative is selected shall include a procedure for authorizing the alternate Hg authorized account representative to act in lieu of the Hg authorized account representative.

(b) A complete application for a general account shall be submitted to the administrator and shall include the following elements in a format prescribed by the administrator:

(i) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the Hg authorized account representative and any alternate Hg authorized account representative;

(ii) Organization name and type of organization, if applicable;

(iii) A list of all persons subject to a binding agreement for the Hg authorized account representative and any alternate Hg authorized account representative to represent their ownership interest with respect to the allowances held in the general account;

(iv) The following certification statement by the Hg authorized account representative and any alternate Hg authorized account representative: “I certify that I was selected as the Hg authorized account representative or the alternate Hg authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to Hg allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the Hg budget trading program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the administrator or a court regarding the general account;”

(v) The signature of the Hg authorized account representative and any alternate Hg authorized account representative and the dates signed.

(c) Unless otherwise required by the director or the administrator, documents of the agreement referred to in the application for a general account shall not be submitted to the director or the administrator. Neither the director nor the administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

(3) Authorization of Hg authorized account representative.

(a) Upon receipt by the administrator of a complete application for a general account under paragraph (A)(2) of this rule:

(i) The administrator will establish a general account for the person or persons for whom the application is submitted.

(ii) The Hg authorized account representative and any alternate Hg authorized account representative for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to Hg allowances held in the general account in all matters pertaining to the Hg budget trading program, notwithstanding any agreement between the Hg authorized account representative or any alternate Hg authorized account representative and such person. Any such person shall be bound by any order or decision issued to the Hg authorized account representative or any alternate Hg authorized account representative by the administrator or a court regarding the general account.

(iii) Any representation, action, inaction, or submission by any alternate Hg authorized account representative shall be deemed to be a representation, action, inaction, or submission by the Hg authorized account representative.

(b) Each submission concerning the general account shall be submitted, signed, and certified by the Hg authorized account representative or any alternate Hg authorized account representative for the persons having an ownership interest with respect to Hg allowances held in the general account. Each such submission shall include the following certification statement by the Hg authorized account representative or any alternate Hg authorized account representative: “I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the Hg allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

(c) The administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (A)(3)(b) of this rule.

(4) Changing Hg authorized account representative and alternate Hg authorized account representative; changes in persons with ownership interest.

(a) The Hg authorized account representative for a general account may be changed at any time upon receipt by the administrator of a superseding complete application for a general account under paragraph (A)(2) of this rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous Hg authorized account representative before the time and date when the administrator receives the superseding application for a general account shall be binding on the new Hg authorized account representative and the persons with an ownership interest with respect to the Hg allowances in the general account.

(b) The alternate Hg authorized account representative for a general account may be changed at any time upon receipt by the administrator of a superseding complete application for a general account under paragraph (A)(2) of this rule. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate Hg authorized account representative before the time and date when the administrator receives the superseding application for a general account shall be binding on the new alternate Hg authorized account representative and the persons with an ownership interest with respect to the Hg allowances in the general account.

(c) In the event a new person having an ownership interest with respect to Hg allowances in the general account is not included in the list of such persons in the application for a general account, such new person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the Hg authorized account representative and any alternate Hg authorized account representative of the account, and the decisions and orders of the administrator or a court, as if the new person were included in such list.

(d) Within thirty days following any change in the persons having an ownership interest with respect to Hg allowances in the general account, including the addition of persons, the Hg authorized account representative or any alternate Hg authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the Hg allowances in the general account to include the change.

(5) Objections concerning Hg authorized account representative.

(a) Once a complete application for a general account under paragraph (A)(2) of this rule has been submitted and received, the administrator shall rely on the application unless and until a superseding complete application for a general account under paragraph (A)(2) of this rule is received by the administrator.

(b) Except as provided in paragraphs (A)(4)(a) and (A)(4)(b) of this rule, no objection or other communication submitted to the administrator concerning the authorization, or any representation, action, inaction, or submission of the Hg authorized account representative or any alternative Hg authorized account representative for a general account shall affect any representation, action, inaction, or submission of the Hg authorized account representative or any alternative Hg authorized account representative or the finality of any decision or order by the administrator under the Hg budget trading program.

(c) Neither the director or the administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the Hg authorized account representative or any alternative Hg authorized account representative for a general account, including private legal disputes concerning the proceeds of Hg allowance transfers.

(6) Account identification. The administrator shall assign a unique identifying number to each account established under paragraph (A)(1) or (A)(2) of this rule.

(B) Responsibilities of Hg authorized account representative.

Following the establishment of a Hg allowance tracking system account, all submissions to the administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of Hg allowances in the account, shall be made only by the Hg authorized account representative for the account.

(C) Following the establishment of a Hg allowance tracking system account, all submissions to the administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of Hg allowances in the account, shall be made only by the Hg authorized account representative for the account.

(1) By December 1, 2006, the administrator will record in the Hg budget source’s compliance account the Hg allowances allocated for the Hg budget units at a source, as submitted by the director in accordance with paragraph (B)(1) of rule 3745-108-04 of the Administrative Code, for the control periods in 2010, 2011, 2012, 2013, and 2014.

(2) By December 1, 2008, the administrator will record in the Hg budget source’s compliance account the Hg allowances allocated for the Hg budget units at the source, as submitted by the director or as determined by the administrator in accordance with paragraph (B)(2) of rule 3745-108-04 of the Administrative Code, for the control period in 2015.

(3) In 2011 and each year thereafter, after the administrator has made all deductions (if any) from a Hg budget source’s compliance account under paragraph (D) of this rule, the administrator will record in the Hg budget source’s compliance account the Hg allowances allocated for the Hg budget units at the source, as submitted by the director or determined by the administrator in accordance with paragraph (B)(2) of rule 3745-108-04 of the Administrative Code, for the control period in the sixth year after the year of the control period for which such deductions were or could have been made.

(4) By December 1, 2010 and December first of each year thereafter, the administrator will record in the Hg budget source’s compliance account the Hg allowances allocated for the Hg budget units at the source, as submitted by the director or determined by the administrator in accordance with paragraph (B)(3) of rule 3745-108-04 of the Administrative Code, for the control period in the year of the applicable deadline for recordation under this paragraph.

(5) Serial numbers for allocated Hg allowances. When recording the allocation of Hg allowances for a Hg budget unit in a compliance account, the administrator will assign each Hg allowance a unique identification number that shall include digits identifying the year of the control period for which the Hg allowance is allocated.

(D) Compliance with Hg budget emissions limitation.

(1) Allowance transfer deadline. The Hg allowances are available to be deducted for compliance with a source’s Hg budget emissions limitation for a control period in a given calendar year only if the Hg allowances:

(a) Were allocated for the control period in the year or a prior year;

(b) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a Hg allowance transfer correctly submitted for recordation under rule 3745-108-06 of the Administrative Code by the allowance transfer deadline for the control period; and

(c) Are not necessary for deductions for excess emissions for a prior control period under paragraph (D)(4) of this rule.

(2) Deductions for compliance. Following the recordation, in accordance with rule 3745-108-06 of the Administrative Code, of Hg allowance transfers submitted for recordation in a source’s compliance account by the allowance transfer deadline for a control period, the administrator will deduct from the compliance account Hg allowances available under paragraph (D)(1) of this rule in order to determine whether the source meets the Hg budget emissions limitation for the control period, as follows:

(a) Until the amount of Hg allowances deducted equals the number of ounces of total Hg emissions, determined in accordance with rule 3745-108-07 of the Administrative Code, from all Hg budget units at the source for the control period; or

(b) If there are insufficient Hg allowances to complete the deductions in paragraph (D)(2)(a) of this rule, until no more Hg allowances available under paragraph (D)(1) of this rule remain in the compliance account.

(3) Identification of Hg allowances by serial number.

(a) The Hg authorized account representative for a source’s compliance account may request that specific Hg allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in accordance with paragraph (D)(2) or (D)(4) of this rule. Such request shall be submitted to the administrator by the allowance transfer deadline for the control period and include, in a format prescribed by the administrator, the identification of the Hg budget source and the appropriate serial numbers.

(b) The administrator will deduct Hg allowances under paragraph (D)(2) or (D)(4) of this rule from the source’s compliance account, in the absence of an identification or in the case of a partial identification of Hg allowances by serial number under paragraph (D)(3)(a) of this rule, on a first-in, first-out accounting basis in the following order:

(i) Any Hg allowances that were allocated to the units at the source, in the order of recordation; and then

(ii) Any Hg allowances that were allocated to any unit and transferred and recorded in the compliance account pursuant to rule 3745-108-06 of the Administrative Code, in the order of recordation.

(4) Deductions for excess emissions.

(a) After making the deductions for compliance under paragraph (D)(2) of this rule for a control period in a calendar year in which the Hg budget source has excess emissions, the administrator will deduct from the source’s compliance account an amount of Hg allowances, allocated for the control period in the immediately following calendar year, equal to three times the number of ounces of the source’s excess emissions.

(b) Any allowance deduction required under paragraph (D)(4)(a) of this rule shall not affect the liability of the owners and operators of the Hg budget source or the Hg budget units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air Act or applicable state law.

(5) Recordation of deductions. The administrator will record in the appropriate compliance account all deductions from such an account under paragraph (D)(2) or (D)(4) of this rule.

(6) Administrator’s action on submissions.

(a) The administrator may review and conduct independent audits concerning any submission under the Hg budget trading program and make appropriate adjustments of the information in the submissions.

(b) The administrator may deduct Hg allowances from or transfer Hg allowances to a source’s compliance account based on the information in the submissions, as adjusted under paragraph (D)(6)(a) of this rule.

(E) Banking.

(1) Hg allowances may be banked for future use or transfer in a compliance account or a general account in accordance with paragraph (E)(2) of this rule.

(2) Any Hg allowance that is held in a compliance account or a general account shall remain in such account unless and until the Hg allowance is deducted or transferred under paragraphs (D) and (F) of this rule or rule 3745-108-06 of the Administrative Code.

(F) Account error.

The administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Hg allowance tracking system account. Within ten business days of making such correction, the administrator will notify the Hg authorized account representative for the account.

(G) Closing of general accounts.

(1) The Hg authorized account representative of a general account may submit to the administrator a request to close the account, which shall include a correctly submitted allowance transfer under rule 3745-108-06 of the Administrative Code for any Hg allowances in the account to one or more other Hg allowance tracking system accounts.

(2) If a general account has no allowance transfers in or out of the account for a twelve-month period or longer and does not contain any Hg allowances, the administrator may notify the Hg authorized account representative for the account that the account will be closed following twenty business days after the notice is sent. The account shall be closed after the twenty-day period unless, before the end of the twenty-day period, the administrator receives a correctly submitted transfer of Hg allowances into the account under rule 3745-108-06 of the Administrative Code or a statement submitted by the Hg authorized account representative demonstrating to the satisfaction of the administrator good cause as to why the account should not be closed.

Effective: 05/11/2007

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

(A) Submission of Hg allowance transfers.

An Hg authorized account representative seeking recordation of a Hg allowance transfer shall submit the transfer to the administrator. To be considered correctly submitted, the Hg allowance transfer shall include the following elements, in a format specified by the administrator:

(1) The account numbers for both the transferor and transferee accounts;

(2) The serial number of each Hg allowance that is in the transferor account and is to be transferred; and

(3) The name and signature of the Hg authorized account representative of the transferor account and the date signed.

(B) USEPA recordation.

(1) Within five business days (except as provided in paragraph (B)(2) of this rule) of receiving a Hg allowance transfer, the administrator will record a Hg allowance transfer by moving each Hg allowance from the transferor account to the transferee account as specified by the request, provided that:

(a) The transfer is correctly submitted under paragraph (A) of this rule; and

(b) The transferor account includes each Hg allowance identified by serial number in the transfer.

(2) A Hg allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any Hg allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the administrator completes the deductions under paragraph (D) of rule 3745-108-05 of the Administrative Code for the control period immediately before such allowance transfer deadline.

(3) Where a Hg allowance transfer submitted for recordation fails to meet the requirements of paragraph (B)(1) of this rule, the administrator will not record such transfer.

(C) Notification.

(1) Within five business days of recordation of a Hg allowance transfer under paragraph (B) of this rule, the administrator will notify the Hg authorized account representatives of both the transferor and transferee accounts.

(2) Within ten business days of receipt of a Hg allowance transfer that fails to meet the requirements of paragraph (B)(1) of this rule, the administrator will notify authorized account representatives of both accounts subject to the transfer of:

(a) A decision not to record the transfer, and

(b) The reasons for such non-recordation.

(3) Nothing in this rule shall preclude the submission of a Hg allowance transfer for recordation following notification of non-recordation.

Effective: 05/11/2007

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

[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 last paragraph of rule 3745-108-01 of the Administrative Code titled “Incorporation by Reference.”]

(A) General requirements. The owners and operators, and to the extent applicable, the Hg designated representative, of a Hg budget unit, shall comply with the monitoring, record keeping, and reporting requirements as provided in this paragraph, paragraphs (B) to (G) of this rule, and 40 CFR Part 75, Subpart I. For purposes of complying with such requirements, the definitions in paragraph (B) of rule 3745-108-01 of the Administrative Code and in 40 CFR 72.2 shall apply, and the terms “affected unit,” “designated representative,” and “continuous emission monitoring system” (or “CEMS”) in 40 CFR Part 75 shall be deemed to refer to the terms “Hg budget unit,” “Hg designated representative,” and “continuous emission monitoring system” (or “CEMS”) respectively, as defined in paragraph (B) of rule 3745-108-01 of the Administrative Code. The owner or operator of a unit that is not a Hg budget unit but that is monitored under 40 CFR 75.82(b)(2)(i) shall comply with the same monitoring, record keeping, and reporting requirements as a Hg budget unit.

(1) Requirements for installation, certification, and data accounting. The owner or operator of each Hg budget unit shall:

(a) Install all monitoring systems required under this paragraph and paragraphs (B) to (G) of this rule for monitoring Hg mass emissions and individual unit heat input (including all systems required to monitor Hg concentration, stack gas moisture content, stack gas flow rate, and CO2 or O2 concentration, as applicable, in accordance with 40 CFR 75.81 and 40 CFR 75.82);

(b) Successfully complete all certification tests required under paragraph (B) of rule 3745-108-07 of the Administrative Code and meet all other requirements of this paragraph, paragraphs (B) through (G) of this rule, and 40 CFR Part 75, Subpart I applicable to the monitoring systems under paragraph (A)(1)(a) of this rule; and

(c) Record, report, and quality-assure the data from the monitoring systems under paragraph (A)(1)(a) of this rule.

(2) Compliance deadlines. The owner or operator shall meet the monitoring system certification and other requirements of paragraphs (A)(1)(a) and (A)(1)(b) of this rule on or before the following dates. The owner or operator shall record, report, and quality-assure the data from the monitoring systems under paragraph (A)(1)(a) of this rule on and after the following dates:

[Comment: Due to the vacatur of the federal CAMR program by the U.S. court of appeals for the District of Columbia, New Jersey v. Environmental Protection Agency, 51 7 F.3d 574 (D.C. Cir. 2008), the prior compliance deadlines have been delayed which should allow time for appeals of the federal court decision to run their course and for US EPA to make final decisions regarding CAMR.]

(a) For the owner or operator of a Hg budget unit that commences commercial operation before July 1, 2008, by January 1, 2011;

(b) For the owner or operator of a Hg budget unit that commences commercial operation on or after July 1, 2008, by the later of the following dates:

(i) January 1, 2011; or

(ii) Ninety unit operating days or one hundred eighty calendar days, whichever occurs first, after the date on which the unit commences commercial operation;

(c) For the owner or operator of a Hg budget unit for which construction of a new stack or flue or installation of add-on Hg emission controls, a flue gas desulfurization system, a selective catalytic reduction system, or a compact hybrid Particulate collector system is completed after the applicable deadline under paragraph (A)(2)(a) or (A)(2)(b) of this rule, by ninety unit operating days or one hundred eighty calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue, add-on Hg emissions controls, flue gas desulfurization system, selective catalytic reduction system, or compact hybrid particulate collector system.

(3) Reporting data.

(a) Except as provided in paragraph (A)(3)(b) of this rule, the owner or operator of a Hg budget unit that does not meet the applicable compliance date set forth in paragraph (A)(2) of this rule for any monitoring system under paragraph (A)(1)(a) of this rule shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for Hg concentration, stack gas flow rate, stack gas moisture content, and any other parameters required to determine Hg mass emissions and heat input in accordance with 40 CFR 75.80(g).

(b) The owner or operator of a Hg budget unit that does not meet the applicable compliance date set forth in paragraph (A)(2)(c) of this rule for any monitoring system under paragraph (A)(1)(a) of this rule shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in 40 CFR Part 75, Subpart D, in lieu of the maximum potential (or, as appropriate, minimum potential) values, for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under paragraph (A)(2)(c) of this rule.

(4) Prohibitions.

(a) No owner or operator of a Hg budget unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this paragraph and paragraphs (B) to (G) of this rule without having obtained prior written approval in accordance with paragraph (F) of this rule.

(b) No owner or operator of a Hg budget unit shall operate the unit so as to discharge, or allow to be discharged, Hg emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this paragraph, paragraphs (B) to (G) of this rule, and 40 CFR Part 75, Subpart I.

(c) No owner or operator of a Hg budget unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording Hg mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this paragraph, paragraphs (B) to (G) of this rule, and 40 CFR Part 75, Subpart I.

(d) No owner or operator of a Hg budget unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this rule, except under any one of the following circumstances:

(i) During the period that the unit is covered by an exemption under paragraph (D) of rule 3745-108-01 of the Administrative Code that is in effect;

(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this paragraph, paragraphs (B) to (G) of this rule, and 40 CFR Part 75, Subpart I, by the director for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(iii) The Hg designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with paragraph (B)(3)(c)(i) of this rule.

(B) Initial certification and recertification procedures.

(1) The owner or operator of a Hg budget unit shall be exempt from the initial certification requirements of this rule for a monitoring system under paragraph (A)(1)(a) of this rule if the following conditions are met:

(a) The monitoring system has been previously certified in accordance with 40 CFR Part 75; and

(b) The applicable quality-assurance and quality control requirements of 40 CFR 75.21 and 40 CFR Part 75, Appendix B are fully met for the certified monitoring system described in paragraph (B)(1)(a) of this rule.

(2) The recertification provisions of this rule shall apply to a monitoring system under paragraph (A)(1)(a) of this rule exempt from initial certification requirements under paragraph (B)(1) of this rule.

(3) Except as provided in paragraph (B)(1) of this rule, the owner or operator of a Hg budget unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system (e.g., a continuous emission monitoring system and an excepted monitoring system (sorbent trap monitoring system) under 40 CFR 75.15) under paragraph (A)(1)(a) of this rule. The owner or operator of a unit that qualifies to use the Hg low mass emissions excepted monitoring methodology under 40 CFR 75.81(b) or that qualifies to use an alternative monitoring system under 40 CFR Part 75, Subpart E shall comply with the procedures in paragraph (B)(4) or (B)(5) of this rule respectively.

(a) The owner or operator shall ensure that each monitoring system under paragraph (A)(1)(a) of this rule (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadline in paragraph (A)(2) of this rule. In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this rule in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.

(b) Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system, or an excepted monitoring system (sorbent trap monitoring system) under 40 CFR 75.15, under paragraph (A)(1)(a) of this rule that may significantly affect the ability of the system to accurately measure or record Hg mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or 40 CFR Part 75, Appendix B, the owner or operator shall recertify the monitoring system in accordance with 40 CFR 75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit’s operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system, and each excepted monitoring system (sorbent trap monitoring system) under 40 CFR 75.15, whose accuracy is potentially affected by the change, in accordance with 40 CFR 75.20(b). Examples of changes to a continuous emission monitoring system that require recertification include replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.

(c) Approval process for initial certification and recertification. Paragraphs (B)(3)(c)(i) to (B)(3)(c)(iv) of this rule apply to both initial certification and recertification of a continuous monitoring system under paragraph (A)(1)(a) of this rule. For recertifications, replace the words “certification” and “initial certification” with the word “recertification,” replace the word “certified” with the word “recertified,” and follow the procedures in 40 CFR 75.20(b)(5) in lieu of the procedures in paragraph (B)(3)(c)(v) of this rule.

(i) The Hg designated representative shall submit to the permitting authority, USEPA region V administrator, and the administrator written notice of the dates of certification testing, in accordance with paragraph (D) of rule 3745-108-07 of the Administrative Code.

(ii) The Hg designated representative shall submit to the permitting authority a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63.

(iii) The provisional certification date for a monitoring system shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitoring system may be used under the Hg budget trading program for a period not to exceed one hundred twenty days after receipt by the permitting authority of the complete certification application for the monitoring system under paragraph (B)(3)(c)(ii) of this rule. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of 40 CFR Part 75, shall be considered valid quality assured data (retroactive to the date and time of provisional certification), provided that the permitting authority does not invalidate the provisional certification by issuing a notice of disapproval within one hundred twenty days of the date of receipt of the complete certification application by the permitting authority.

(iv) The permitting authority will issue a written notice of approval or disapproval of the certification application to the owner or operator within one hundred twenty days of receipt of the complete certification application under paragraph (B)(3)(c)(ii) of this rule. In the event the permitting authority does not issue such a notice within such one hundred twenty-day period, each monitoring system that meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application shall be deemed certified for use under the Hg budget trading program.

(a) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, then the permitting authority will issue a written notice of approval of the certification application within one hundred twenty days of receipt.

(b) If the certification application is not complete, then the permitting authority will issue a written notice of incompleteness that sets a reasonable date by which the Hg designated representative must submit the additional information required to complete the certification application. If the Hg designated representative does not comply with the notice of incompleteness by the specified date, then the permitting authority may issue a notice of disapproval under paragraph (B)(3)(c)(iv)(c) of this rule. The one hundred twenty-day review period shall not begin before receipt of a complete certification application.

(c) If the certification application shows that any monitoring system does not meet the performance requirements of 40 CFR Part 75 or if the certification application is incomplete and the requirement for disapproval under paragraph (B)(3)(c)(iv)(b) of this rule is met, then the permitting authority will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the permitting authority and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under 40 CFR 75.20(a)(3)). The owner or operator shall follow the procedures for loss of certification in paragraph (B)(3)(c)(v) of this rule for each monitoring system that is disapproved for initial certification.

(d) The permitting authority may issue a notice of disapproval of the certification status of a monitor in accordance with paragraph (C)(2) of this rule.

(v) If the permitting authority issues a notice of disapproval of a certification application under paragraph (B)(3)(c)(iv)(c) of this rule or a notice of disapproval of certification status under paragraph (B)(3)(c)(iv)(iv) of this rule, then:

(a) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under 40 CFR 75.20(a)(4)(iii), 40 CFR 75.20(b)(5), or 40 CFR 75.21(e) and continuing until the applicable date and hour specified under 40 CFR 75.20(a)(5)(i);

(i) For a disapproved Hg pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of Hg and the maximum potential flow rate, as defined in 40 CFR Part 75, Appendix A, Sections 2.1.7.1 and 2.1.4.1;

(ii) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO2 concentration or the minimum potential O2 concentration (as applicable), as defined in 40 CFR Part 75, Appendix A, Sections 2.1.3.1, 2.1.3.2 and 2.1.5;

(iii) For a disapproved excepted monitoring system (sorbent trap monitoring system) under 40 CFR 75.15 and disapproved flow monitor, respectively, the maximum potential concentration of Hg and maximum potential flow rate, as defined in 40 CFR Part 75, Appendix A, Sections 2.1.7.1 and 2.1.4.1.

(b) The Hg designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (B)(3)(c)(i) and (B)(3)(c)(ii) of this rule.

(c) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority’s notice of disapproval, no later than thirty unit operating days after the date of issuance of the notice of disapproval.

(4) Initial certification and recertification procedures for units using the Hg low mass emission excepted methodology under 40 CFR 75.81(b). The owner or operator of a unit qualified to use the Hg low mass emissions (HgLME) excepted methodology under 40 CFR 75.81(b) shall meet the applicable certification and recertification requirements in 40 CFR 75.81(c) to 40 CFR 75.81(f).

(5) Certification/recertification procedures for alternative monitoring systems. The Hg designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the administrator and, if applicable, the permitting authority under 40 CFR Part 75, Subpart E shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

(C) Out of control periods.

(1) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable missing data procedures in of 40 CFR Part 75, Subpart D.

(2) Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a Particular performance specification or other requirement under paragraph (B) of rule 3745-108-07 of the Administrative Code or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the permitting authority shall issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the administrator. By issuing the notice of disapproval, the permitting authority revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in paragraph (B) of rule 3745-108-07 of the Administrative Code for each disapproved monitoring system.

(D) Notifications.

The Hg designated representative for a Hg budget unit shall submit written notice to the permitting authority and the administrator in accordance with 40 CFR 75.61, except that if the unit is not subject to an acid rain emissions limitation, the notification is only required to be sent to the permitting authority.

(E) Record keeping and reporting.

(1) General provisions.

(a) The Hg designated representative shall comply with all record keeping and reporting requirements in this rule and the requirements of paragraph (A)(5)(a) of rule 3745-108-02 of the Administrative Code.

(b) If a Hg budget unit is subject to an acid rain emission limitation or the CAIR NOx annual trading program, CAIR SO2 trading program, or CAIR NOx ozone season trading program, and the Hg designated representative who signed and certified any submission that is made under 40 CFR Part 75, Subpart F or G and that includes data and information required under paragraphs (A) to (D) and (F) and (G) of this rule or 40 CFR Part 75, Subpart I is not the same person as the designated representative or alternative designated representative, or the CAIR designated representative or alternate CAIR designated representative, for the unit under 40 CFR Part 72 and the CAIR NOx annual trading program, CAIR SO2 trading program, or CAIR NOx ozone season trading program, then the submission must also be signed by the designated representative or alternate designated representative, or the CAIR designated representative or alternate CAIR designated representative, as applicable.

(2) The owner or operator of a Hg budget unit shall comply with requirements of 40 CFR 75.84(e) for monitoring plans.

(3) The Hg designated representative shall submit an application to the director within forty-five days after completing all initial certification or recertification tests required under paragraph (B) of this rule, including the information required under 40 CFR 75.63.

(4) The Hg designated representative shall submit quarterly reports, as follows:

(a) The Hg designated representative shall report the Hg mass emissions data and heat input data for the Hg budget unit, in an electronic quarterly report in a format prescribed by the administrator, for each calendar quarter beginning with:

[Comment: Due to the vacatur of the federal CAMR program by the U.S. court of appeals for the District of Columbia, New Jersey v. Environmental Protection Agency, 51 7 F.3d 574 (D.C. Cir. 2008), the prior reporting deadlines have been delayed which should allow time for appeals of the federal court decision to run their course and for US EPA to make final decisions regarding CAMR.]

(i) For a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2011 to March 31, 2011; or

(ii) For a unit that commences commercial operation on or after July 1, 2008, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under paragraph (A)(2) of this rule, unless that quarter is the third or fourth quarter of 2008, in which case reporting shall commence in the quarter covering January 1, 2011 to March 31, 2011.

(b) The Hg designated representative shall submit each quarterly report to the administrator within thirty days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR 75.84(f).

(c) For Hg budget units that are also subject to an acid rain emissions limitation or the CAIR NOx annual trading program, CAIR SO2 trading program, or CAIR NOx ozone season trading program, quarterly reports shall include the applicable data and information required by 40 CFR Part 75, Subparts F to H as applicable, in addition to the Hg mass emission data, heat input data, and other information required by this paragraph and paragraphs (A) to (D) and (F) and (G) of this rule.

(5) The Hg designated representative shall submit to the administrator a compliance certification (in a format prescribed by the administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:

(a) The monitoring data submitted were recorded in accordance with the applicable requirements of this rule, paragraphs (A) to (D) and (F) and (G) of this rule, and 40 CFR Part 75, including the quality assurance procedures and specifications; and

(b) For a unit with add-on Hg emission controls, a flue gas desulfurization system, a selective catalytic reduction system, or a compact hybrid Particulate collector system and for all hours where Hg data are substituted in accordance with 40 CFR 75.34(a)(1), the Hg add-on emission controls, flue gas desulfurization system, selective catalytic reduction system, or compact hybrid particulate collector system were operating within the range of parameters listed in the quality assurance/quality control program under 40 CFR Part 75, Appendix B, or quality-assured SO2 emission data recorded in accordance with 40 CFR Part 75 document that the flue gas desulfurization system, or quality-assured NOx emission data recorded in accordance with 40 CFR Part 75 document that the selective catalytic reduction system, was operating properly, as applicable, and the substitute data values do not systematically underestimate Hg emissions.

(F) Petitions.

The Hg designated representative of a Hg unit may submit a petition under 40 CFR 75.66 to the administrator requesting approval to apply an alternative to any requirement of paragraphs (A) to (E) and (F) of this rule. Application of an alternative to any requirement of paragraphs (A) to (E) and (F) of this rule is in accordance with this paragraph and paragraphs (A) to (E) and (F) of this rule only to the extent that the petition is approved in writing by the administrator, in consultation with the director.

(G) Additional requirements to provide heat input data.

The owner or operator of a Hg budget unit that monitors and reports Hg mass emissions using a Hg concentration monitoring system and a flow monitoring system shall also monitor and report heat input rate at the unit level using the procedures set forth in 40 CFR Part 75.

Effective: 12/26/2008

R.C. 119.032 review dates: 05/11/2012

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A), 3704.03(E)

Prior Effective Dates: 5/11/2007