Ohio Admin. Code 3745-50-704 - Issuing a standardized permit - preparation of a final standardized permit
(A)
Requirements for the director to prepare a draft
standardized permit.
(1)
The director shall review the "Notice of Intent" and
supporting information submitted by the facility owner or
operator.
(2)
The director shall determine whether the facility is or
is not eligible to operate under the standardized permit.
(a)
If the facility
is eligible for the standardized permit, the director shall propose terms and
conditions, if any, to include in a supplemental portion. If the director
determines that these terms and conditions are necessary to protect human
health and the environment and cannot be imposed, the director shall
tentatively deny coverage under the standardized permit. The facility has
submitted an incomplete or inadequate materials with the "Notice of
Intent."
(b)
If the facility is not eligible for the standardized
permit, the director shall tentatively deny coverage under the standardized
permit. Cause for ineligibility may include, but is not limited to:
(i)
Failure of the
owner or operator to submit all the information required under paragraph (B) of
rule 3745-50-270 of the Administrative Code.
(ii)
Information
submitted that is required under paragraph (B) of rule 3745-50-270 of the
Administrative Code is determined to be inadequate.
(iii)
The facility
does not meet the eligibility requirements (activities are outside the scope of
the standardized permit).
(iv)
Demonstrated
history of significant non-compliance with applicable
requirements.
(v)
Permit conditions cannot ensure protection of human
health and the environment.
(c)
The director
shall prepare the owner's or operator's draft permit decision with one hundred
twenty days after receiving the "Notice of Intent" and supporting documents
from a facility owner or operator. The director's tentative determination under
paragraph (A) of this rule to deny or grant coverage under the standardized
permit, including any proposed site-specific conditions in a supplemental
portion, constitutes a draft permit decision. The director is allowed a
one-time extension of thirty days to prepare the draft permit decision. When
the use of the thirty-day extension is anticipated, the director should inform
the permit applicant during the initial one hundred twenty day review period.
Reason for an extension may include, but is not limited to, needing to complete
review of submittals with the "Notice of Intent" (e.g., closure plans, waste
analysis plans, for facilities seeking to manage hazardous waste generated
off-site).
(d)
Many requirements in rules 3745-50-501 to 3745-50-508
of the Administrative Code and 40 CFR Part 124 subpart A apply to processing
the standardized permit application and preparing the director's draft permit
decision. For example, the director's draft permit decision shall be
accompanied by a statement of basis or fact sheet, and shall be based on the
administrative record. In preparing the director's draft permit decision, the
following provisions of rules 3745-50-501 to 3745-50-508 of the Administrative
Code and 40 CFR Part 124 subpart A apply (subject to the following
modifications):
(i)
Rule 3745-50-501 of the Administrative Code
applies.
(ii)
Rule 3745-50-502 of the Administrative Code
applies.
(iii)
40
CFR 124.3 applies, except paragraphs
40 CFR
124.3(c),
40 CFR
124.3(d),
40 CFR
124.3(f), and
40 CFR
124.3(g).
(iv)
40 CFR
124.4 applies; however, in the context of a
standardized permit, the reference to the public comment period is paragraph
(B) of rule 3745-50-707 of the Administrative Code instead of
40 CFR
124.10.
(v)
Rule 3745-50-505
of the Administrative Code does not apply.
(vi)
Rule 3745-50-506
of the Administrative Code does not apply; procedures in rules 3745-50-700 to
3745-50-711 apply instead.
(vii)
40 CFR
124.7 applies.
(viii)
Rule
3745-50-508 of the Administrative Code applies; however, in the contact of the
standardized permit, the reference to the public comment period is paragraph
(B) of rule 3745-50-707 of the Administrative Code instead of
40 CFR
124.10.
(ix)
[Reserved.]
(x)
40 CFR
124.10. Only
40 CFR
124.10(c)(1)(ix) and
40 CFR
24.10(c)(1)(x)(A) apply to
the standardized permit. Most of
40 CFR
124.10 does not apply to the standardized
permit; paragraphs (A), (B), and (C) of rule 3745-50-707 of the Administrative
Code apply instead.
(B)
Requirements for
the director when preparing a final standardized permit.
(1)
The director
shall consider all comments received during the public comment period [see
paragraph (B) of rule 3745-50-707 of the Administrative Code] in making the
final hazardous waste management permit decision. In addition, many
requirements in rules 3745-50-501 to 3745-50-508 of the Administrative Code and
40 CFR Part 124 subpart A apply to the public comment period, public hearings,
and preparation of the director's final permit decision. In preparing a final
permit decision, the following provisions of rules 3745-50-501 to 3745-50-508
of the Administrative Code and 40 CFR Part 124 subpart A apply (subject to the
following modifications):
(a)
Rule 3745-50-501 of the Administrative Code
applies.
(b)
Rule 3745-50-502 of the Administrative Code
applies.
(c)
40
CFR 124.11 does not apply to the standardized
permit; the procedures in paragraph (B) of rule 3745-50-707 of the
Administrative Code apply instead.
(e)
40
CFR 124.13 applies; however, in the context
of the standardized permit, the reference to the public comment period is
paragraph (B) of rule 3745-50-707 of the Administrative Code instead of
40 CFR
124.10.
(f)
40 CFR
124.14 applies; however, in the context of
the standardized permit, use the following references:
(i)
In
40 CFR
124.14(b)(1) use reference
to paragraph (A) of rule 3745-50-704 of the Administrative Code instead of rule
3745-50-506 of the Administrative Code;
(ii)
In
40 CFR
124.14(b)(3) use reference
to paragraph (B) of rule 3745-50-707 of the Administrative Code instead of
40 CFR
124.10;
(g)
40 CFR
124.15 applies; however, in the context of
the standardized permit, the reference to the public comment period is
paragraph (B) of rule 3745-50-707 of the Administrative Code instead of
40 CFR
124.10.
(h)
40 CFR
124.16 applies.
(i)
40 CFR
124.17 does not apply to the standardized
permit; procedures in paragraph (C) of rule 3745-50-707 of the Administrative
Code apply instead.
(j)
[Reserved.]
(k)
40 CFR
124.19. Provisions regarding RCRA permit
appeals apply.
(l)
40
CFR 124.20 applies.
(2)
[Reserved.]
(C)
Situations in
which the director may require a facility owner or operator to apply for an
individual permit.
(1)
Cases where the director may determine that a facility
is not eligible for the standardized permit include, but are not limited
to:
(a)
The
facility does not meet the criteria in paragraph (B) of rule 3745-50-700 of the
Administrative Code.
(b)
The facility has a demonstrated history of significant
non-compliance with rules or permit conditions.
(c)
The facility has
a demonstrated history of submitting incomplete or deficient permit application
information.
(d)
The facility has submitted incomplete or inadequate
materials with the "Notice of Intent."
(2)
If the director
determines that a facility is not eligible for the standardized permit, the
director shall inform the facility owner or operator that the owner or operator
is required to apply for an individual permit.
(3)
The director may
require any facility that has a standardized permit to apply for and obtain an
individual hazardous waste management permit. Any interested person may
petition the director to take action under this paragraph. Cases where the
director may require an individual hazardous waste management permit include,
but are not limited to:
(a)
The facility is not in compliance with the terms and
conditions of the standardized permit.
(b)
Circumstances
have changed since the time the facility owner or operator applied for the
standardized permit, so that the facility's hazardous waste management
practices are no longer appropriately controlled under the standardized
permit.
(4)
The director may require any facility that is
authorized by a standardized permit to apply for an individual hazardous waste
management permit only if the director has notified the facility owner or
operator in writing that an individual hazardous waste management permit
application is required. The director shall include in this notification a
brief statement of the reasons for the director's decision, a statement setting
a deadline for the owner or operator to file the application, and a statement
that, on the effective date of the individual hazardous waste management
permit, the facility's standardized permit automatically terminates. The
director may grant additional time upon request from the facility owner or
operator.
(5)
When the director issues an individual hazardous waste
management permit to an owner or operator otherwise subject to a standardized
permit, the standardized permit for the owner's or operator's facility will
automatically cease to apply on the effective date of the individual hazardous
waste management permit.
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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