[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) Once a
designated representative submits
a timely and complete
acid rain permit application, the owners and operators of
the
affected source and the affected units covered by the permit application
shall be deemed in compliance with the requirement to have an acid rain permit
under paragraph (A)(2) of rule
3745-103-05 and paragraph (A)(1)
of rule
3745-103-07 of the
Administrative Code; provided that any delay in issuing an
acid rain permit is
not caused by the failure of the designated representative to submit in a
complete and timely fashion supplemental information, as required by the
director, necessary to issue a permit.
(B) Prior to the earlier of the date on which
an acid rain permit is issued or denied, an affected unit governed by and
operated in accordance with the terms and requirements of a timely and complete
acid rain permit application shall be deemed to be operating in compliance with
the acid rain program.
(C) A
complete acid rain permit application shall be binding on the owners and
operators and the designated representative of the affected source and the
affected units covered by the permit application and shall be enforceable as an
acid rain permit from the date of submission of the complete permit application
until the issuance or denial of such permit.
(D) If a
permit is appealed under 40 CFR Part
78, issuance or denial of the
permit shall occur when the USEPA takes final
action subject to judicial review.
(E) 40 CFR Part
78 shall govern
governs
appeals of any final decision of the
USEPA under 40 CFR Parts
72,
73,
74,
75,
76, and
77; provided that matters listed in paragraph (d) of
40 CFR
78.3 and preliminary, procedural, or
intermediate decisions, such as draft acid rain permits, may not be
appealed.
(F) Filing an appeal, and
exhausting administrative remedies, under 40 CFR Part
78 shall be a
prerequisite to seeking judicial review. Final
USEPA action occurs only when a
decision appealable under 40 CFR Part
78 is issued and the procedures for
appealing the decision are exhausted.
Notes
Ohio Admin. Code 3745-103-08
Effective:
9/25/2023
Five Year Review (FYR) Dates:
5/26/2023 and
05/26/2028
Promulgated
Under: 119.03
Statutory Authority: 3704.03(E)
Rule
Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates:
09/10/1997, 06/27/2002, 01/12/2007, 11/10/2011,
10/20/2017