WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	Eight areas are in moderate nonattainment for 8-hr ozone and 11 areas are in Subpart 1; 27 areas are in nonattainment for PM-2.5. EPA's Nonattainment Areas
Major Source Threshold	250 tons (100 tons of listed sources) of criteria pollutants in attainment areas. 100 tons of NOx or VOC in moderate nonattainment areas.
Minor Source Permitting Exemption	PTE less than 10 lb/day OR 25 tpy; emergency generators less than 50 hp
Minor Source Treatment	Emission limits: opacity, PM and SO2; BACT
Emergency Generating Limits	Less than 50 hp exempt

DE MINIMIS EXEMPTIONS

Sources that have a potential to emit less than 10 lb/day or 25 tons per year of each criteria pollutant are exempt from permitting. No state notification is required.

MINOR SOURCE PERMITTING

The restrictions and controls under this permit are determined on a case-by-case basis. All sources have to do Best Available Technology (BAT) for all criteria pollutants (a form of state BACT). This could require control equipment or operating limits. Control equipment is generally not required for minor sources and there is no cost threshold. The state also enforces an opacity limit of 20%. There are additional PM and SO2 standards that vary with location, size and type of unit. Fuel burning equipment less than 10 MMBtu/hr is exempt from permitting. Oil-fired steam generating units must meet an SO2 limit of 1.6 lb SO2/MMBtu; gas turbines and stationary internal combustion engines must meet a limit of 0.5 lb/MMBtu.

There is no public comment period unless there is public interest or the source is taking a synthetic minor to avoid Title V permitting. In either case the comment period is 30 days. The state has a maximum of 180 days to complete the permitting process, but actual times can vary widely.

MAJOR NSR/PSD PERMITTING

250 tons (100 tons of listed sources) of any criteria pollutant triggers PSD. 100 tons of NOx and VOC triggers NSR in nonattainment.

TREATMENT OF EMERGENCY ENGINES

Emergency generators are exempt if they are less than 50 hp and burning natural gas, gasoline, distillate oil or liquid petroleum oil with less than 0.5% sulfur. Units taking this exemption can operate for emergencies and maintenance only, although there is no hourly limit. State notification is not required. Sources that cannot qualify for this exemption are permitted as a minor source.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Onsite electrical generators greater than 50 MW must obtain a certificate from the Ohio Power Siting Board prior to construction. (See below)

Before construction can begin on any major electric generating facility within the state of Ohio, a certificate of Environmental Compatibility and Public Need must be obtained from the Ohio Power Siting Board. The Ohio Revised Code defines a major utility as a generating plant of 50 MW or more. Prior to filing an application, the applicant must hold a public informational meeting. The application must contain information regarding the original need for a power generating facility, describe the facility's impact and effects on the area, including environmental, ecological, social, agricultural, and electric system reliability, and provide information on an alternative site.

BUILDING, ZONING AND FIRE CODES:

Building Codes: The 2007 Ohio Building Code is a statewide mandatory code. It is based on the 2006 IBC with amendments.

• Bureau of Building Code Compliance

Energy Codes : Ohio currently enforces ASHRAE 90.1-2004 as its commercial energy code. [1]

• Ohio Energy Office

Fire Codes: The 2007 Ohio Fire Code is a statewide mandatory code. It is based on the 2006 IFC with amendments.

• State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

Prompted by EPAct 2005, the Public Utilities Commission of Ohio (PUCO) adopted new interconnection standards for distributed generation in March 2007. These standards replaced the original interconnection standards, adopted in April 2000, and now provide for three levels of review for the interconnection of distributed generation systems up to 20 MW in capacity.

Certified, inverter-based systems with up to 10 kW in capacity that use renewable fuel use the Level 1, simplified review procedure. Certified, inverter-based or synchronous systems up to 2 MW in capacity use the Level 2, expedited review procedure. Both Level 1 and 2 systems must meet IEEE 1547 and UL 1741 standards and may not be interconnected at the transmission level. Inverter-based or synchronous systems not greater than 20 MW in capacity that do not qualify for Level 1 or Level 2 certification use the standard procedure. Technical screens, fees and timelines for all levels are in the rules.

For interconnection application, there are two forms. The “short form” is for systems up to 50 kW capacity, and the standard form for all systems with a greater capacity.

For more information contact PUCO.
Public Utilities Commission of Ohio
180 East Broad Street
Columbus , OH 43215-3793
Jan Karlak
Phone: (614) 644-8384
Fax: (614) 752-8353
E-Mail:Jan.Karlak@puc.state.oh.us

EXIT FEES:

According to the PUC there are no exit fees for DG applications in the state of Ohio.

UTILITY STANDBY RATES:

Ohio does not have a statewide policy on standby rates. Relevant provisions for Ohio utilities are summarized below.

Ohio Power Co (AEP) - Schedule OAD-SBS: Delivery of standby energy is provided through Ohio Power but the energy commodity must be purchased through another provider. The standby fee is entirely demand based and billed from the contract demand. Rate information is available at: https://www.aepohio.com/CustomerService/RatesAndTariffs/LegalTariffFilings/ohio.aspx

Cincinnati Gas & Electric Company (Duke Energy) - Rate DP: There is no standard standby rate, however utility personnel indicated that on-site generation customers would be charged under Rate DP. Charges are primarily demand based. Billing demand is based on the higher of the maximum 15 minute demand of the month or 85% of the maximum from the previous 11 months. Rate information is available at: http://www.duke-energy.com/rates/ohio/electric.asp