Ohio Admin. Code 3745-103-18 - Administrative permit amendment

[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) Administrative amendments shall follow the procedures set forth under paragraph (B) of rule 3745-77-08 of the Administrative Code. The director shall submit the revised portion of the permit to the USEPA within ten working days after the date of final action on the request for an administrative amendment.

(B) The following permit revisions are administrative amendments:

(1) Activation of a compliance option conditionally approved by the director; provided that all requirements for activation under paragraph (B) of rule 3745-103-09 of the Administrative Code are met.

(2) Changes in the designated representative or alternative designated representative; provided that a new certificate of representation is submitted to the USEPA and the director in accordance with 40 CFR Part 72, Subpart B.

(3) Correction of typographical errors.

(4) Changes in names, addresses, or means of electronic transmission such as telephone or facsimile numbers, or e-mail addresses.

(5) Changes in the owners or operators; provided that a new certificate of representation is submitted within thirty days to the USEPA and the director in accordance with 40 CFR Part 72, Subpart B.

(6) Termination of a compliance option in the permit; provided that all requirements for termination under paragraph (C) of rule 3745-103-09 of the Administrative Code shall be met and this procedure shall not be used to terminate a repowering plan after December 31, 1999; for opt-in sources, termination of a compliance option in the permit; provided that all requirements for termination under rule 3745-103-48 of the Administrative Code are met.

(7) Changes in the date, specified in a new unit's acid rain permit, of commencement of operation or the deadline for monitor certification, provided that the changes are in accordance with rule 3745-103-05 of the Administrative Code.

(8) The addition of or change in a nitrogen oxides alternative emissions limitation demonstration period, provided that the requirements of rules 3745-103-55 to 3745-103-66 of the Administrative Code are met.

(9) Changes in a thermal energy plan that do not result in the addition or subtraction of a replacement unit or any change affecting the number of allowances transferred for the replacement of thermal energy.

(10) The addition of a NOx early election plan that was approved by the USEPA under 40 CFR 76.8 and by the director under rule 3745-103-60 of the Administrative Code.

(11) The addition of an exemption for which the requirement have been met under rules 3745-103-03 and 3745-103-04 of the Administrative Code.

(12) Adoption of changes that the director has determined to be similar to those in paragraphs (B)(1) to (B)(11) of this rule.

(C) Issuance of amendment.

(1) The director shall take final action on an administrative permit amendment, or for the addition of an alternative emissions limitation demonstration period. The source may implement any changes in the administrative permit amendment immediately upon submission of the requested amendment, provided that the requirements of paragraph (B) of this rule are met.

(2) The director may, on the director's own motion, make an administrative permit amendment under paragraph (B)(3), (B)(4), (B)(10), or (B)(11) of this rule at least thirty days after providing notice to the designated representative of the amendment and without providing any other prior public comment.

(D) The director shall designate the permit revision under paragraph (B) of this rule as having been made as an administrative permit amendment. The director shall submit the revised portion of the permit to the USEPA.

(E) An administrative amendment shall not be subject to the provisions for review by the USEPA and affected states applicable to a permit modification under rule 3745-103-16 of the Administrative Code and 40 CFR 72.81.

Notes

Ohio Admin. Code 3745-103-18

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, 01/31/2022

Effective: 1/31/2022
Five Year Review (FYR) Dates: 7/31/2022
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