Requirements for ERC Generators

(a) Eligible facilities. Offsets may only be generated by the owners and operators of facilities that meet criteria (1) and (2) below. (1) Facilities that are currently operating under either of the following permit types (A) A Title V operating permit or (B) An individual facility operating under a FESOP. (2) To be eligible to generate ERCs, a facility must have been operating for at least 24 months prior to the date the owner or operator of the facility submits an application for an NSR permit that will generate ERCs. (b) Eligible emission reduction strategies. ERCs may be awarded for either of the following emission reduction strategies: (1) The permanent shutdown of a facility, resulting in the elimination of actual emissions associated with the facility; or (2) The adoption of a limitation on the emission of an eligible pollutant that results in a permanent reduction in actual emissions. (c) Ineligible emission reduction strategies. ERCs may not be awarded for any of the following strategies: AQAC_2026_JUL_SC_7_8_10_RUL 19 June 15, 2026 (1) A reduction of emissions from a facility due to the shifting of activity from one emission unit to another emission unit at the same facility; (2) A reduction of emissions from a facility that is required by an otherwise applicable federal rule; or (3) A reduction of emissions from a facility that is due to an enforcement action. (d) Permitting requirements and public review. The generation of ERCs may be accomplished through issuance of a permit that meets the requirements of (1) or (2) below. (1) A facility currently operating under a FESOP shall obtain a construction permit that meets the requirements of either (A), (B), or (C) below. (A) The facility shall obtain an individual facility construction permit that meets the requirements of OAC 252:100-7-15. In addition, the permit must undergo Tier II public review in accordance with OAC 252:4-7-13(g); or (B) The facility shall obtain a major source construction permit that meets the requirements of OAC 252:100-8-4(a). In addition, the permit must undergo Tier II or Tier III public review in accordance with OAC 252:4-7-13(g); or (C) The facility shall obtain a PSD construction permit that meets the requirements of OAC 252:100-8-4(a) and all applicable requirements of Part 7 of OAC 252:100-8. In addition, the permit must undergo Tier II or Tier III public review in accordance with OAC 252:4- 7-13(g). (2) A facility currently operating under a Title V operating permit shall obtain a construction permit that meets the requirements of either (A) or (B) below. (A) The facility shall obtain a major source construction permit that meets the requirements of OAC 252:100-8-4(a). In addition, the permit must undergo Tier II or Tier III public review in accordance with OAC 252:4-7-13(g); or (B) The facility shall obtain a PSD construction permit that meets the requirements of OAC 252:100-8-4(a) and all applicable requirements of Part 7 of OAC 252:100-8. In addition, the permit must undergo Tier II or Tier III public review in accordance with OAC 252:4- 7-13(g).