Ohio Admin. Code 3745-50-711 - Maintaining a standardized permit

(A) Types of changes owners or operators may make to standardized permits. Owners or operators may make both routine changes, routine changes with prior Ohio EPA approval, and significant changes. For the purposes of paragraph (A) of this rule:

(1) "Routine changes" are any changes to the standardized permit that qualify as a "Class 1" permit modification (without prior Ohio EPA approval) under the appendix to rule 3745-50-51 of the Administrative Code;

(2) "Routine changes without prior Ohio EPA approval" are for those changes to the standardized permit that would qualify as a "Class 1" modification with prior Ohio EPA approval, or a "Class 2" permit modification under the appendix to rule 3745-50-51 of the Administrative Code; and

(3) "Significant changes" are any changes to the standardized permit that;

(a) Qualify as a "Class 3" permit modification under the appendix to rule 3745-50-51 of the Administrative Code;

(b) Are not explicitly identified in the appendix to rule 3745-50-51 of the Administrative Code; or

(c) Amend any terms or conditions in the supplemental portion of the standardized permit.

(B) Procedures to make routine changes.

(1) Owners or operators may make routine changes to the standardized permit without obtaining approval from the director. However, owners or operators shall first determine whether the routine change amends the information submitted under paragraph (B) of rule 3745-50-270 of the Administrative Code with the "Notice of Intent" to operate under the standardized permit.

(2) If the routine changes the owner or operator makes amend the information submitted under paragraph (B) of rule 3745-50-270 of the Administrative Code with the "Notice of Intent" to operate under the standardized permit, then the following shall be done before routine changes may be made:

(a) Submit to the director the revised information pursuant to paragraph (B)(1) of rule 3745-50-270 of the Administrative Code; and

(b) Provide notice of the changes to the facility mailing list and to state and local governments in accordance with the procedures in 40 CFR 124.10(c)(1)(ix) and 40 CFR 124.10(c)(1)(x).

(C) Procedures to make routine changes with prior approval.

(1) Routine changes to the standardized permit with prior Ohio EPA approval may be made only with the prior written approval of the director.

(2) Owners or operators also shall follow the procedures in paragraphs (D)(1) to (D)(2) of this rule.

(D) Procedures to make significant changes.

(1) Owners or operators shall first provide notice of and conduct a public meeting.

(a) Public meeting. Owners or operators shall hold a meeting with the public to solicit questions from the community and inform the community of the proposed modifications to hazardous waste management activities. Owners or operators shall post a sign-in sheet or otherwise provide a voluntary opportunity for people attending the meeting to provide contact names and addresses.

(b) Public notice. At least thirty days before the owner or operator plans to hold the meeting, the owner or operator shall issue a public notice in accordance with the requirements of paragraph (A) of rule 3745-50-531 of the Administrative Code.

(2) After holding the public meeting, owners or operators shall submit a modification request to the director that:

(a) Describes the exact changes the owner or operator wants and whether they are changes to information the owner or operator provided under paragraph (B) of rule 3745-50-270 of the Administrative Code or to terms and conditions in the supplemental portion of the standardized permit;

(b) Explains why the modification is needed; and

(c) Includes a summary of the public meeting under paragraph (D)(1) of this rule, along with the list of attendees and the attendees' addresses and copies of any written comments or materials submitted at the meeting.

(3) Once the director receives the modification request, the director shall make a tentative determination within one hundred twenty days to approve or disapprove the modification request. 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 shall inform the permit applicant during the initial one hundred twenty day review period.

(4) After the director makes the tentative determination, the procedures in paragraph (B) of rule 3745-50-704 of the Administrative Code and in this rule for processing an initial request for coverage under the standardized permit apply to making the final determination on the modification request.

[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

Ohio Admin. Code 3745-50-711

Effective: 3/7/2025
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12