(A) Termination.
(1)
Authorization to
install or modify an air contaminant source contained in an issued
permit-to-install (PTI) or permit-to-install-and-operate (PTIO) shall terminate
within eighteen months of the effective date of the issuance of the PTI or PTIO
that authorized the installation or modification unless one of the following
applies:
(a)
The
owner or operator has undertaken a continuing program of installation or
modification during the eighteen-month period.
(b)
The owner or
operator has entered into a binding contractual obligation to undertake and
complete within a reasonable period of time a continuing program of
installation or modification of the air contaminant source during the
eighteen-month period.
(c)
The director has extended the date by which the air
contaminant source that is the subject of the PTI or PTIO shall be installed or
modified per the requirements described in paragraph (A)(2) of this
rule.
(d)
The PTI or PTIO is the subject of an appeal by a party
other than the owner or operator of the air contaminant source that is the
subject of the PTI or PTIO, in which case the date of termination of the permit
is not later than eighteen months after the effective date of the permit plus
the number of days between the date in which the permit was appealed and the
date on which all appeals concerning the permit have been
resolved.
(e)
The PTI or PTIO has been superseded by a subsequent PTI
or PTIO, in which case the original PTI or PTIO terminates on the effective
date of the superseding PTI or PTIO.
(1) Authorization to install or
modify an air contaminant source(s) contained in an issued permit-to-install or
PTIO shall terminate within eighteen months of the effective date of the
issuance of the permit-to-install or PTIO that authorized the installation or
modification, if the owner or operator has not undertaken a continuing program
of installation or modification or has not entered into a binding contractual
obligation to undertake and complete within a reasonable time a continuing
program of installation or modification of the air contaminant
source.
(2) The director may administratively modify
a permit-to-install or PTIO to extend these dates of termination by up to
twelve months if the applicant submits, within a reasonable time before the
termination date, a request for an administrative modification, containing
information that, in the judgment of the director, adequately justifies an
extension of time. No appeal taken from denial of extension of a termination
date shall prevent termination of a permit during the period between denial of
extension and final disposition of the appeal unless prohibited by any court or
administrative body having jurisdiction over the matter.
(3) A permit-to-install, permit-to-operate or
PTIO may be terminated in accordance with paragraph (A)(2) or (B)(1)(c) of rule
3745-31-02 of the Administrative
Code.
(B) Revocation.
(1) The director may revoke a
permit-to-install or PTIO, if the director concludes at any time that any
applicable laws have been or are likely to be violated.
(2) The director may also revoke, or
partially revoke, a permit-to-install, PTIO or variance if the permittee
requests revocation for cause and the director determines that granting the
requested revocation will not result in the violation of any applicable laws.
When a permittee requests a revocation, the director, without prior hearing,
shall make a final determination on the application.
(3) Revocation, pursuant to paragraph (B)(1)
of this rule, of a permit-to-install, PTIO or variance shall be final thirty
days after service of notice to the permit holder.
(4) The Ohio environmental protection agency
shall afford a prompt hearing to any permit holder whose permit-to-install or
PTIO is revoked, except as described in paragraph (B)(2) of this rule, in the
manner prescribed in Chapter 3745-49 of the Administrative Code.
(5) A variance issued pursuant to rule
3745-31-09 of the Administrative
Code may be revoked if any of the following occur:
(a) The director determines that any of the
terms, conditions, standards, or requirements of rule
3745-31-09 of the Administrative
Code have been or will be violated or that circumstances have changed so that
the applicant is no longer eligible for a variance under that rule.
(b) The signatory fails to file an interim
report as required pursuant to paragraph (G)(4) of rule
3745-31-09 of the Administrative
Code, or if such report fails to satisfy the director that the source is making
satisfactory progress.
(c) False or
misleading statements are made in an interim report required pursuant to
paragraph (G)(4) of rule
3745-31-09 of the Administrative
Code.
(C)
Expiration and renewal.
(1) A PTIO may be
issued for a period of time consistent with the requirements of division (G) of
section
3704.03 of the Revised Code, and
is subject to renewal pursuant to rule
3745-31-05 of the Administrative
Code.
(a) A conditional PTIO issued pursuant
to paragraph (B) of rule
3745-31-05 of the Administrative
Code shall be effective for such reasonable periods as the director may
determine on a case-by-case basis consistent with division (G) of section
3704.03 of the Revised Code. A
conditional PTIO may not be renewed; however, the effective date may be
extended for such reasonable periods as the director may determine on a
case-by-case basis provided the total time period of effectiveness is
consistent with division (G) of section
3704.03 of the Revised
Code.
(b) A FEPTIO issued pursuant
to paragraph (D) of rule
3745-31-05 of the Administrative
Code shall be effective for a period of time consistent with division (G) of
section
3704.03 of the Revised Code but
no longer than five years, and is subject to renewal.
(2) A permit-to-install does not expire and
is not renewable.
(3) Any site
approval for a portable source issued pursuant to paragraph (H) of rule
3745-31-05 of the Administrative
Code may be issued for a period of time consistent with the requirements of
division (G) of section
3704.03 of the Revised Code, and
is subject to renewal pursuant to paragraph (H) of rule
3745-31-05 of the Administrative
Code.
(4) Any variance issued
pursuant to rule
3745-31-09 of the Administrative
Code may be issued for a period of time consistent with the requirements of
division (H) of section
3704.03 of the Revised Code, and
is subject to renewal. A variance may be renewed only when the Ohio
environmental protection agency is satisfied that the source for which the
variance was granted is making satisfactory progress toward achievement of the
program specified in any compliance schedule incorporated into the variance
and/or
or is
complying with any other terms and conditions of the variance. Renewal shall be
considered pursuant to rule
3745-31-09 of the Administrative
Code.
(D) Revision.
(1) Any PTIO or variance issued by the
director shall be subject to revision by the director in response to changes in
applicable law or other factors affecting the compliance of the air contaminant
source with the standards or conditions of any currently effective
permit.
(2) The director may revise
any site approval for a portable source issued pursuant to paragraph (H) of
rule
3745-31-05 of the Administrative
Code to add or delete certain portable sources or add or delete certain terms
and conditions as appropriate.
(3)
The director may require the owner or operator to submit a permit application
pursuant to rule
3745-31-05 of the Administrative
Code to fulfill the requirements of paragraph (D) of this rule.
(E) Transfer.
The transferee of any permit-to-install, PTIO or variance shall
assume personally the responsibilities of the original permit
holder-transferor. The Ohio environmental protection agency
must
shall be
notified in writing, in a manner prescribed by the director, of any transfer of
a permit once the transfer has been completed.
Notes
Ohio Admin. Code 3745-31-07
Effective:
3/11/2023
Five Year Review (FYR) Dates:
11/30/2022 and
11/30/2027
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F),
3704.03(G)
Rule Amplifies:
3704.03(G),
3704.03(F),
3704.03(A)
Prior Effective Dates: 07/05/1973, 01/01/1974, 12/07/1978,
11/07/1979, 12/05/1980, 06/14/1982, 08/15/1982, 08/30/1982, 09/18/1987,
11/17/1988 (Emer.), 03/09/1989 (Emer.), 06/12/1989, 10/08/1993, 04/20/1994,
10/31/1994, 11/18/1994, 04/12/1996, 04/27/1998, 06/18/2001, 11/30/2001,
10/17/2003, 11/03/2006, 12/01/2006, 06/30/2008,
05/29/2014