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

[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 (LLLLLL) of rule 3745-31-01 of the Administrative Code entitled, "referenced materials."]

(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) All regulated NSR pollutants as defined under rule 3745-31-01 of the Administrative Code.

The owner or operator shall obtain creditable emission reductions of any regulated NSR pollutant from the same source or other sources in the same nonattainment area, except that the director may allow the owner or operator of a major stationary source to obtain such emission reductions in another nonattainment area if the following requirements are met:

(1) The other nonattainment area has an equal or higher nonattainment classification, provided that the higher offset ratio is utilized, than the nonattainment area in which the major stationary source is located, and;

(2) Emissions from such other nonattainment area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the major stationary source is located.

(C) Sulfur dioxide, particulate matter, PM10, PM 2.5, lead and carbon monoxide.

Since the air quality impact of sulfur dioxide, particulate matter, PM10, PM 2.5, 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.

Replaces: 3745-31-25

Effective: 05/29/2014
R.C. 119.032 review dates: 05/29/2019
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(A), 3704.03(F)
Prior Effective Dates: 4/12/96, 12/1/06