3745-31-25 Nonattainment provisions - location of offsetting emissions.

[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 "Incorporation by Reference" at the end of rule 3745-31-01 of the Administrative Code.]

(A) Applicability

This rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.336 as nonattainment for an air pollutant for which the major stationary source or major modification is major.

(B) Volatile organic compounds (VOC), and nitrogen oxides

In the case of emission offsets involving VOCs, and nitrogen oxides, the offsets may be obtained from:

(1) Within the same demonstration area as the new major stationary source or major modification, or

(2) Outside the same demonstration area if the applicant demonstrates to the director's satisfaction that the net combined impact of the emissions from the offsetting sources and emissions from the new major stationary source or major modification will have a positive net air quality benefit on the nonattainment ozone air quality in the area.

(C) Sulfur dioxide, particulate matter, PM10, lead and carbon monoxide

Since the air quality impact of sulfur dioxide, particulate matter, PM10, lead and carbon monoxide is site dependent, simple area wide mass emission offsets may not be appropriate. For these air pollutants, the director may require atmospheric dispersion modeling to ensure that the emission offsets provide a positive net air quality benefit. This modeling shall be conducted in accordance with the director's guidance.

Effective: 12/01/2006
R.C. 119.032 review dates: 09/14/2006 and 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(F) , 3704.03(A)
Prior Effective Dates: 4/12/96