Ohio Admin. Code 3745-31-26

Current through all regulations passed and filed through September 16, 2024
Section 3745-31-26 - Nonattainment provisions - offset ratio requirements

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

(A) In meeting the emissions offset in rules 3745-31-21 to 3745-31-27 of the Administrative Code, the following shall occur:
(1) The ratio of total actual emissions reductions to the emissions increase shall be at least 1.0 to 1.0 unless an alternative ratio is provided for the applicable nonattainment area in paragraphs (C) and (D) of this rule.
(2) The emissions offsets obtained shall be for the same regulated NSR pollutant except for interprecursor offsetting permitted under paragraph (D) of this rule.
(B) Offsets may be obtained from areas that have a higher nonattainment classification, provided the higher offset ratio is utilized, than the nonattainment area in which the major stationary source is to be located.
(C) Ozone nonattainment area offset requirements for VOC and nitrogen oxides are as follows:
(1) In areas that are not classified as marginal, moderate, serious, severe or extreme areas, the offset ratio shall be greater than 1.0 to 1.0.
(2) Marginal areas, the minimum required offset ratio is 1.1 to 1.0.
(3) Moderate areas, the minimum required offset ratio is 1.15 to 1.0.
(4) Serious areas, the minimum required offset ratio is 1.2 to 1.0.
(5) Severe areas, the minimum required offset ratio is 1.3 to 1.0.
(6) Extreme areas, the minimum required offset ratio is 1.5 to 1.0.
(D) PM 2.5 nonattainment area interprecursor offset ratios are as follows:
(1) Sulfur dioxide and PM 2.5 offset ratios:
(a) When using sulfur dioxide emission reductions for PM 2.5 emission increases, the minimum required offset ratio is 40.0 to 1.0.
(b) When using PM 2.5 emission reductions for sulfur dioxide emission increases, the minimum required offset ratio is 1.0 to 40.0.
(2) Nitrogen oxides and PM 2.5 offset ratios:
(a) When using nitrogen oxides emission reductions for PM 2.5 emission increases, the minimum required offset ratio is 200.0 to 1.0.
(b) When using PM 2.5 emission reductions for nitrogen oxide emission increases, the minimum required offset ratio is 1.0 to 200.0.
(E) Nitrogen oxides waiver.

Paragraph (A) of this rule does not apply in areas designated nonattainment for ozone that have been granted a nitrogen oxide waiver under Section 182(f) of the Clean Air Act.

Ohio Admin. Code 3745-31-26

Effective: 3/11/2023
Five Year Review (FYR) Dates: 11/30/2022 and 11/30/2027
Promulgated Under: 119.03
Statutory Authority: 3704.03(F)
Rule Amplifies: 3704.03(A), 3704.03(F)
Prior Effective Dates: 04/12/1996, 10/28/2004, 12/01/2006, 05/29/2014