Ohio Administrative Code|Rule 3745-103-04 | Retired units exemption.

                                                
[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) This rule applies to any affected
		  unit (except for an opt-in source) that is permanently retired.
(B) Provisions.
(1) Any affected unit
			 (except for an opt-in source) that is permanently retired shall be exempt from
			 the acid rain program, except for the provisions of this rule, rules
			 3745-103-01 and 3745-103-02 of the Administrative Code, and 40 CFR Part 73,
			 Subpart B.
(2) The exemption under
			 paragraph (B)(1) of this rule shall become effective on January first of the
			 first full calendar year during which that the unit is permanently retired. By
			 December thirty-first of the first year that the unit is to be exempt under
			 this rule, the designated representative (authorized in accordance with rule
			 3745-103-06 of the Administrative Code), or, if no designated representative
			 has been authorized, a certifying official of each owner of the unit shall
			 submit a statement to the director. A copy of the statement shall be submitted
			 to USEPA. The statement shall state (in a format prescribed by the USEPA) that
			 the unit is permanently retired and shall comply with the requirements of
			 paragraph (D) of this rule.
(3) After receipt of the
			 notice under paragraph (B)(2) of this rule, the director shall amend under rule
			 3745-103-18 of the Administrative Code the operating permit covering the source
			 at which the unit is located, if the source has such a permit, to add the
			 provisions and requirements of the exemption under paragraphs (B)(1) and (D) of
			 this rule.
(C) A unit that was issued a written
		  exemption under this rule and that is permanently retired shall be exempt from
		  the acid rain program, except for the provisions of this rule, rules
		  3745-103-01 and 3745-103-02 of the Administrative Code, and subpart B of 40 CFR
		  Part 73, and shall be subject to the requirements of paragraph (D) of this rule
		  in lieu of the requirements set forth in the written exemption. The director
		  shall amend under rule 3745-103-18 of the Administrative Code the operating
		  permit covering the source at which the unit is located, if the source has such
		  a permit, to add the provisions and requirements of the exemption under this
		  paragraph and paragraph (D) of this rule.
(D) Special provisions.
(1) A unit exempted under
			 this rule shall not emit any sulfur dioxide and nitrogen oxides starting on the
			 date the exemption takes effect. The owners and operators of the unit shall be
			 allocated allowances in accordance with 40 CFR Part 73, Subpart B.
(2) A unit exempt under
			 this rule shall not resume operation unless the designated representative of
			 the source that includes the unit submits a complete acid rain permit
			 application under rule 3745-103-07 of the Administrative Code for the unit not
			 less than twenty-four months prior to the date on which the unit is to resume
			 operation.
(3) The owners and
			 operators and, to the extent applicable, the designated representative of a
			 unit exempt under this rule shall comply with the requirements of the acid rain
			 program concerning all periods for which the exemption is not in effect, even
			 if such requirements arise, or must be complied with, after the exemption takes
			 effect.
(4) For any period for
			 which a unit is exempt under this rule:
(a) For purposes of applying 40 CFR Parts 70 and 71, the unit
				shall not be treated as an affected unit under the acid rain program and shall
				continue to be subject to any other applicable requirements under 40 CFR Parts
				70 and 71.
(b) The unit shall not be eligible to be an opt-in source under
				rules 3745-103-22 to 3745-103-54 of the Administrative Code.
(5) For a period of five
			 years from the date the records are created the owners and operators of a unit
			 exempt under this rule shall retain at the source that includes the unit
			 records demonstrating that the unit is permanently retired. The five year
			 period for keeping records may be extended for cause, at any time prior to the
			 end of the period, in writing by the director. The owners and operators bear
			 the burden of proof that the unit is permanently retired.
(6) Loss of
			 exemption.
(a) On the earlier of the following dates, a unit exempt under
				paragraph (B) or (C) of this rule shall lose its exemption under the acid rain
				program and 40 CFR Parts 70 and 71:
(i) The date on which the
				  designated representative submits an acid rain permit application under
				  paragraph (D)(2) of this rule.
(ii) The date on which
				  the designated representative is required under paragraph (D)(2) of this rule
				  to submit an acid rain permit application.
(b) For the purpose of applying monitoring requirements under 40
				CFR Part 75, a unit that loses its exemption under this rule shall be treated
				as a new unit that commenced commercial operation on the first date on which
				the unit resumes operation.