3745-103-07. Acid rain permit applications

[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-103-01 of the Administrative Code titled "Referenced materials."]

(A) Requirement to apply.

(1) Duty to apply. The designated representative shall submit a complete acid rain permit application for each source with an affected unit at least six months prior to the expiration of an existing acid rain permit governing the unit during phase II or an opt-in permit governing an opt-in source or such longer time as approved by the director under Chapter 3745-77 of the Administrative Code that ensures that the term of the existing permit will not expire before the effective date of the permit for which the application is submitted.

(2) Deadlines.

(a) For any source with an existing unit described under paragraph (A)(2) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director on or before January 1, 1996.

(b) For any source with a new unit described under paragraph (A)(3)(a) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director at least twenty-four months before the later of January 1, 2000 or the date on which the unit commences operation.

(c) For any source with a unit described under paragraph (A)(3)(b) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director at least twenty-four months before the later of January 1, 2000 or the date on which the unit begins to serve a generator with a nameplate capacity greater than twenty-five MWe.

(d) For any source with a unit described under paragraph (A)(3)(c) of rule 3745-103-02 of the Administrative Code the designated representative shall submit a complete acid rain permit application governing such unit to the director at least twenty-four months before the later of January 1, 2000 or the date on which the auxiliary firing commences operation.

(e) For any source with a unit described under paragraph (A)(3)(d) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director before the later of January 1, 1998 or March first of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than two hundred nineteen thousand MWe-hrs actual electric output on a gross basis.

(f) For any source with a unit described under paragraph (A)(3)(e) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director before the later of January 1, 1998 or March first of the year following the calendar year in which the facility fails to meet the definition of a "qualifying facility."

(g) For any source with a unit described under paragraph (A)(3)(f) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director before the later of January 1, 1998 or March first of the year following the calendar year in which the facility fails to meet the definition of an "independent power production facility."

(h) For any source with a unit described under paragraph (A)(3)(g) of rule 3745-103-02 of the Administrative Code, the designated representative shall submit a complete acid rain permit application governing such unit to the director before the later of January 1, 1998 or March first of the year following the three calendar year period in which the incinerator consumed twenty per cent or more fossil fuel (on a Btu basis).

(B) Acid rain permit application forms.

A complete acid rain permit application shall be submitted on USEPA form 7610-16.

(C) Where two or more affected units are located at a source, the director may, in the director's sole discretion, allow the designated representative of the source to submit, under paragraph (A)(1) of this rule, two or more acid rain permit applications covering the units at the source, provided that each affected unit is covered by only one application.

Effective: 10/20/2017
Five Year Review (FYR) Dates: 7/31/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 9/10/97, 6/27/02, 1/12/07, 11/10/11