Chapter 3745-107 | Definitions and Requirements

Rule 3745-107-01 | Applicabilty, definitions, and reference to materials.

• Effective: December 12, 2020
• Promulgated Under: 119.03

[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 (C) of this rule titled "Reference to materials."]

(A) Applicabilty. Except where excluded under 40 CFR 60.5780a, the requirements of this chapter apply to any EGU that meets the applicability under 40 CFR 60.5775a(b) and commenced construction on or before January 8, 2014.

(B) The definitions in this rule apply to this chapter:

(1) "Btu" means British thermal unit.

(2) "Director" means the director of the Ohio environmental protection agency.

(3) "EGU" means electric generating unit.

(4) "Heat rate" or "HR" means a measure of efficiency expressed as Btu per kilowatt hour electric.

(5) "HRI" means heat rate improvement.

(6) "MWh" means megawatt-hour electric.

(7) "U.S. EPA" means the United States environmental protection agency.

(C) Reference to materials. This chapter includes references to certain matter or materials. The text of the referenced materials is not included in the regulations contained in this chapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific versions specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The materials referenced are available as follows:

(a) Code of Federal Regulations (CFR). 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 http://www.ecfr.gov. The CFR compilations are also available for inspection and use at most public libraries and "The State Library of Ohio."

(b) Federal Register (FR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." Online access to the Federal Register is available at http://www.gpo.gov/fdsys/. A copy of the Federal Register is also available for inspection and use at most public libraries and "The State Library of Ohio."

(2) Incorporated Materials.

(a) 40 CFR 60.5509; "Am I subject to this subpart?"; as published in the July 1, 2019 Code of Federal Regulations.

(b) 40 CFR 60.5740a; "What must I include in my plan submittal?"; as published in the July 1, 2019 Code of Federal Regulations.

(c) 40 CFR 60.5775a(b);"What designated facilities must I address in my State plan?"; as published in the July 1, 2019 Code of Federal Regulations

(d) 40 CFR 60.5780a; "What EGUs are excluded from being designated facilities?"; as published in the July 1, 2019 Code of Federal Regulations.

(e) 40 CFR part 60, subpart UUUUa; "Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units"; as published in the July 1, 2019 Code of Federal Regulations.

(f) 40 CFR part 75; "Continuous emission monitoring;" as published in the July 1, 2019 Code of Federal Regulations.

(g) 84 FR 32520; "Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations"; as published July 8, 2019.

Supplemental Information

Authorized By: 3704.03(E)
Amplifies: 3704.03(A), 3704.03(E)
Five Year Review Date: 12/12/2025

Rule 3745-107-02 | EGU-specific operational characteristics, heat rate study and standard of performance.

• Effective: December 12, 2020
• Promulgated Under: 119.03

[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 (C) of rule 3745-107-01 of the Administrative Code.]

Any owner or operator of an EGU subject to this chapter shall submit the following to the director in accordance with the schedules specified in rule 3745-107-03 of the Administrative Code:

(A) EGU-specific current and anticipated future operational characteristics including, at a minimum, the following:

(1) Current electric generation capacity and capacity factors.

(2) Hourly and annual carbon dioxide emissions for the most recent five-year period if such data were not reported to U.S. EPA's clean air markets division.

(3) A description of the operating conditions of the EGU for the most recent five-year period, including load, heat input and any current or projected changes in operation that were considered when establishing the standard of performance.

(4) A summary of anticipated future operational characteristics through the year 2035 or through the end of the remaining useful life, where applicable, including, at a minimum, the following:

(a) Future annual generation, capacity, and capacity factors.

(b) Annual carbon dioxide emissions.

(c) Fuel use, fuel prices, and fuel carbon content.

(d) Fixed and variable operations and maintenance costs.

(e) Heat rates.

(f) Electric generation capacity and capacity factors.

(B) Current and projected wholesale electricity prices through year 2035.

(C) For EGUs with complex or shared stacks, a detailed description of the methodologies, including formulas and measurement techniques that will be utilized to disaggregate the emissions, generation, and heat rates of the individual EGUs.

(D) An EGU specific evaluation of the applicability of each individual HRI measure identified in Table 1 of 40 CFR 60.5740a, including, at a minimum, the following:

(1) The recommended baseline date or period from which the HRI will be measured including a sufficient explanation for why the proposed baseline date or period is appropriate for the EGU. Identify if startup, shutdown and malfunction events are included or excluded from the HRI analysis and standard of performance. When applicable, include sufficient explanation as to how the baseline heat rate will be corrected for these events.

(2) Evaluation of the technical feasibility of the installation or implementation of each HRI measure.

(3) Evaluation of the estimated per cent HRI achievable by the installation or implementation of each HRI measure. Provide sufficient explanation in cases where site-specific factors may lead to the per cent HRI achievable falling outside of the ranges identified in Table 1 of 40 CFR 60.5740a.

(4) Evaluation of the estimated cost of each HRI measure including the following:

(a) The anticipated initial capital cost of installation or implementation.

(b) The anticipated operational and maintenance costs.

(c) Provide sufficient explanation in cases where site specific factors may lead to the anticipated cost of the HRI measure being outside the ranges identified in Table 2 of 84 FR 32520.

(5) Include an evaluation of the repeatability of HRI measures previously implemented. Where a measure is determined to not be repeatable, provide sufficient explanation.

(E) An evaluation of the estimated HRI achievable for each individual EGU when all feasible HRI measures are applied, including the expected cumulative HRI achievable. Where applicable, provide sufficient explanation where individual expected HRIs were determined to not be additive.

(F) The recommended standard or standards of performance including, at a minimum, the following:

(1) Expression of the form of the standard of performance as an emission performance rate relating mass of carbon dioxide emitted per unit of electricity generated (e.g. pounds of carbon dioxide emitted per MWh).

(2) Identification as to whether the emission rate is expressed as a net output-based standard or as a gross output-based standard. If expressed as a gross output-based standard, include a demonstration on how emission reductions achieved through HRI measures that only affect the net energy output are accounted for.

(3) Sufficient explanation where more than one emissions performance rate is recommended.

(4) Consideration of the applicability of each of HRI measure and associated degree of emission limitation individually and cumulatively expected at the individual EGU. Include a demonstration on how each HRI measure was considered and each associated degree of emission limitation when calculating each standard of performance.

(5) With sufficient explanation, other factors, including remaining useful life, may be considered in applying a standard of performance to an EGU provided that the owner or operator demonstrates any of the following:

(a) Unreasonable cost of control due to unit age, location, or basic process design.

(b) Physical impossibility of installing necessary control equipment.

(c) Other factors specific to the EGU that make application of a less stringent standard more reasonable. For example, unreasonable cost of control due to the likelihood of initiating a prevention of significant deterioration review, or when an HRI measure was recently installed and therefore reapplication of the same technology is not reasonable.

If remaining useful life is considered as a factor, provide the retirement date of the affected unit which will become an enforceable requirement.

(G) Proposed method for monitoring, record keeping and reporting in accordance with rule 3745-107-04 of the Administrative Code.

(H) Proposed compliance schedule in accordance with rule 3745-107-03 of the Administrative Code. Include a detailed timeline for the installation or implementation of the HRI measures, including an evaluation of the feasibility of installing or implementing the HRI measures simultaneously with other HRI measures.

(I) Include materials supporting calculations for each standard of performance and any other materials necessary to support evaluation of the owner or operator's submittal of the requirements contained within this chapter by the director.

Supplemental Information

Authorized By: 3704.03(E)
Amplifies: 3704.03(A), 3704.03(E)
Five Year Review Date: 12/12/2025

Rule 3745-107-03 | Timelines and enforceability.

• Effective: December 12, 2020
• Promulgated Under: 119.03

[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 (C) of rule 3745-107-01 of the Administrative Code.]

(A) Final compliance timelines for the standards of performance and associated monitoring record keeping and reporting shall be as follows:

(1) For an owner or operator of an EGU subject to this chapter before the effective date of this rule, no later than July 8, 2024.

(2) For an owner or operator of an EGU subject to this chapter that no longer meets an exclusion under 40 CFR 60.5780a, no more than twenty-four months from Ohio's revised plan submittal required under 40 CFR part 60, subpart UUUUa.

(3) In lieu of the compliance schedule in paragraph (A)(1) or paragraph (A)(2) of this rule, an extended compliance schedule may be approved by the director provided there are legally enforceable increments of progress to achieve compliance for each EGU. Where practicable, increments of progress shall include the following:

(a) Submittal of a final control plan for the EGU to the director.

(b) Awarding of contracts for emission control systems or for process modifications, or issuance of orders for the purchase of component parts to accomplish emission control or process modification.

(c) Initiation of on-site construction or installation of emission control equipment or process change.

(d) Completion of on-site construction or installation of emission control equipment or process change.

(e) Final compliance.

(B) EGU-specific operational characteristics, heat rate study and standard of performance proposals required under rule 3745-107-02 of the Administrative Code shall be submitted as follows:

(1) For an owner or operator of an EGU subject to this chapter before the effective date of this rule, no later than May 3, 2021.

(2) For an owner or operator of an EGU that no longer meets an exclusion under 40 CFR 60.5780a, no later than one hundred twenty days after becoming subject to this chapter.

(C) The director shall make the standard of performance and associated monitoring, record keeping and reporting enforceable by adopting in the Ohio Administrative Code; issuing in a permit under either Chapter 3745-77 or Chapter 3745-31 of the Administrative Code; by director's order; or by an Ohio consent agreement, according to the following:

(1) For an owner or operator of an EGU subject to this chapter before the effective date of this rule, prior to the plan due date for Ohio's plan required under 40 CFR part 60, subpart UUUUa.

(2) For an owner or operator of an EGU that no longer meets an exclusion under 40 CFR 60.5780a, prior to submittal of Ohio's revised plan required under 40 CFR part 60, subpart UUUUa.

Supplemental Information

Authorized By: 3704.03(E)
Amplifies: 3704.03(A), 3704.03(E)
Five Year Review Date: 12/12/2025

Rule 3745-107-04 | Monitoring, record keeping and reporting.

• Effective: December 12, 2020
• Promulgated Under: 119.03

[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 (C) of rule 3745-107-01 of the Administrative Code.]

Any owner or operator of an EGU subject to this chapter shall monitor, recordkeep and report emission and electricity generation data in accordance with one of the following:

(A) 40 CFR part 75.

(B) An alternative monitoring, recordkeeping, and reporting plan that meets the following requirements:

(1) Specifies the methods, systems, and formulas used to measure carbon dioxide emissions.

(2) Includes methods to continuously and accurately measure all carbon dioxide emissions, carbon dioxide emission rates and other data necessary to demonstrate compliance and assure data quality.

(3) Includes quality assurance test requirements sufficient to ensure monitoring systems provide accurate and reliable data for assessing and verifying compliance.

(4) Includes recordkeeping requirements and electronic reporting procedures and systems.

(5) Includes data validation procedures to ensure that data are complete and calculated consistent with 40 CFR part 75. Data validation procedures would include procedures for determining substitute data in instances where data would otherwise be incomplete.

(6) Is submitted in accordance with the timeline specified in rule 3745-107-03 of the Administrative Code and is approved by the director and is included in Ohio's plan submitted in accordance with 40 CFR part 60, subpart UUUUa.

Supplemental Information

Authorized By: 3704.03(E)
Amplifies: 3704.03(A), 3704.03(E)
Five Year Review Date: 12/12/2025