3745-109-16 CAIR NOx ozone season source permits.

[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 paragraph (H) of rule 3745-109-01 of the Administrative Code titled " Referenced materials."]

(A) General CAIR ozone season trading program permit requirements.

(1) For each CAIR NOx ozone season source required to have a Title V operating permit or required, under rule 3745-109-21 of the Administrative Code, to have an operating permit or other federally enforceable permit, such permit shall include a CAIR permit administered by the director for the Title V operating permit or the federally enforceable permit as applicable. The CAIR portion of the Title V permit or other federally enforceable permit as applicable shall be administered in accordance with the director's Title V operating permits regulations promulgated under 40 CFR Part 70 or 71 or the director's regulations for other federally enforceable permits as applicable, except as provided otherwise by paragraph (D) of rule 3745-109-01 , this rule, and rule 3745-109-21 of the Administrative Code.

(2) Each CAIR permit shall contain, with regard to the CAIR NOx ozone season source and the CAIR NOx ozone season units at the source covered by the CAIR permit, all applicable CAIR NOx ozone season trading program, CAIR NOx annual trading program, and CAIR SO2 trading program requirements and shall be a complete and separable portion of the Title V operating permit or other federally enforceable permit under paragraph (A)(1) of this rule.

(B) Submission of CAIR permit applications.

(1) Duty to apply. The CAIR designated representative of any CAIR NOx ozone season source required to have a Title V operating permit shall submit to the director a complete CAIR permit application under paragraph (C) of this rule for the source covering each CAIR NOx ozone season unit at the source at least twelve months (or such lesser time provided by the director) before the later of January 1, 2009 or the date on which the CAIR NOx ozone season unit commences commercial operation, except as provided in paragraph (D)(1) of rule 3745-109-21 of the Administrative Code.

(2) Duty to Reapply. For a CAIR NOx ozone season source required to have a Title V operating permit, the CAIR designated representative shall submit a complete CAIR permit application under paragraph (C) of this rule for the source covering each CAIR NOx ozone season unit at the source to renew the CAIR permit in accordance with the director's Title V operating permits regulations addressing permit renewal, except as provided in paragraph (D)(2) of rule 3745-109-21 of the Administrative Code.

(C) Information requirements for CAIR permit applications.

A complete CAIR permit application shall include the following elements concerning the CAIR NOx ozone season source for which the application is submitted, in a format prescribed by the director:

(1) Identification of the CAIR NOx ozone season source.

(2) Identification of each CAIR NOx ozone season unit at the CAIR NOx ozone season source.

(3) The standard requirements under paragraph (E) of rule 3745-109-01 of the Administrative Code.

(D) CAIR permit contents and term.

(1) Each CAIR permit shall contain, in a format prescribed by the director, all elements required for a complete CAIR permit application under paragraph (C) of this rule.

(2) Each CAIR permit is deemed to incorporate automatically the definitions of terms under paragraph (B) of rule 3745-109-01 of the Administrative Code and, upon recordation by the administrator under rules 3745-109-18 , 3745-109-19 or 3745-109-21 of the Administrative Code, every allocation, transfer, or deduction of a CAIR NOx ozone season allowance to or from the compliance account of the CAIR NOx ozone season source covered by the permit.

(3) The term of the CAIR permit shall be set by the director, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR NOx ozone season source's Title V operating permit or other federally enforceable permit as applicable.

(E) CAIR permit revisions.

Except as provided in paragraph (D) of this rule, the director shall revise the CAIR permit, as necessary, in accordance with the director's Title V operating permits regulations or the director's regulations for other federally enforceable permits as applicable addressing permit revisions.

Effective: 11/14/2013
R.C. 119.032 review dates: 08/29/2013 and 11/14/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E) , 3704.03(V)
Prior Effective Dates: 09/27/07