Environmental Update, December 2020

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Shumaker, Loop & Kendrick, LLPAvailable for Comment – Draft General Permits for Natural Gas and No. 2 Oil-Fired Boilers: Ohio Environmental Protection Agency (OEPA), Division of Air Pollution Control (DAPC) draft revised general permits for natural gas and No. 2 oil-fired boilers are available for comment. There are eight general permits available for four boiler capacity ranges (>10 to 19.9 MMBtu/hr, 20 to 29.9 MMBtu/hr, 30 to 39.9 MMBtu/hr, and 40 to 50 MMBtu/hr) and area or major sources of hazardous air pollutants (HAPS). The existing general permits for boilers were updated to account for the following:

  • Incorporate Ohio Administrative Code (OAC) rule 3745-31-05(A)(3)(a)(ii), which exempts boilers from Best Available Technology (BAT) requirements for each pollutant that has the potential to emit less than 10 tons per year.
  • Incorporate 40 CFR Part 63, Subpart DDDDD – National Emission Standards for Hazardous Air Pollutants (NESHAP) for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.
  • Incorporate OAC rule 3745-110 – Nitrogen Oxides Reasonably Available Control Technology (RACT). Boilers with a maximum heat input capacity of less than 40 MMBtu/hr are exempt from this rule.
  • Removed OAC rules 3745-21-07(B), 3745-21-08(B), and 3745-23-06(B) from the permit because the rules were rescinded.
  • Incorporate the use of ultra-low sulfur No. 2 fuel oil, which reduces potential sulfur dioxide (SO2) emissions.

Additional information regarding the general permit program, general permit terms and conditions, and instructions for applying for the general permits can be found here. The draft general permits and supporting documentation are available here. The comment deadline is Wednesday, December 23, 2020

For questions regarding regulations governing major sources of hazardous air pollutants or the draft general permits contact Michael A. Snyder at 614.628.4469 or via email at msnyder@shumaker.com.

Notice of Adoption of New Rule Language – Ohio EPA DAPC Rulemaking – Toxic Chemical Release Reporting (TRI):  On December 2, 2020, the Director of the OEPA issued notice that OEPA has adopted amended, rescinded, and rescinded/replaced as new rules in OAC Chapter 3745-100, “Toxic Release Inventory.” The following rules are included in this rulemaking:

Rule #                         Title
3745-100-01         Definition
3745-100-05        Covered facilities for toxic chemical release reporting
3745-100-06        Thresholds for reporting 
3745-100-07        Reporting requirements and schedule for reporting
3745-100-08        Exemptions
3745-100-09        Notification about toxic chemicals
3745-100-10         Applicable chemicals and chemical categories
3745-100-11          Toxic chemical release reporting form and instructions
3745-100-12         Fees
3745-100-13         Trade secret claims
3745-100-14         Alternate threshold and certification
3745-100-15         Alternate threshold certification and instruction
3745-100-16         Lower thresholds for chemicals of special concern
3745-100-17         SIC and NAICS codes to which this chapter applies

The Director’s order of adoption was issued on December 2, 2020. The rules became effective Saturday December 12, 2020. The amended rule language can be found on here

The Director’s action in this matter is pursuant to the procedural requirements of OAC Chapter 119 and is based upon the record of the public hearing conducted by OEPA on September 28, 2020. No comments were received during the public comment period.

The Director’s action is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the OAC. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director’s action.

For questions regarding the TRI Reporting Rules, contact Joseph S. Simpson at 419.321.1389 or via email at jsimpson@shumaker.com.

Notice of Adoption of New Rules – Power Plant Efficiency Rules: On December 2, 2020, the Director of the OEPA issued notice that OEPA has adopted the following new rules of the Ohio Administrative Code (OAC):

Rule #                        Title
3745-107-01        Applicability, definitions, and reference to materials.
3745-107-02        EGU-specific operational characteristics, heat rate study, and standard of performance.
3745-107-03        Timelines and enforceability.
3745-107-04        Monitoring, record keeping, and reporting

OEPA, DAPC is adopting OAC Chapter 3745-107 “Power Plant Efficiency Rules” to comply with the requirements of U.S. EPA’s “Affordable Clean Energy Rule” (ACE rule), found in Federal Register Volume 84, page 32520. The ACE rule mandates that states develop enforceable carbon dioxide emission standards of performance for large coal-fired electric generating units (EGUs).

The Director’s order of adoption was issued on December 2, 2020. The adopted rules will became effective Saturday, December 12, 2020. The new rule language can be found here.  

The Director’s action in this matter is pursuant to the procedural requirements of OAC Chapter 119 and is based upon the record of the public hearing conducted by OEPA on October 16, 2020, and comments received during the public comment period. OEPA’s response to comments document can be found here.

The Director’s action  is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the OAC. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director’s action.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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