[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 (TT)
(AA) of rule
3745-77-01 of the Administrative
Code titled "referenced materials."]
(A) Compliance with existing permits.
Prior to the issuance or denial of the initial Title V permit,
the owner or operator of a source for which a timely and complete Title V
permit application has been filed pursuant to this rule and rule
3745-77-05 of the Administrative
Code shall continue to comply with all effective terms and conditions of
permit-to-install, permits-to-install and operate and permits-to-operate that
were issued to one or more emissions units at such source in accordance with
present or former Chapter 3745-31 or former Chapter 3745-35 of the
Administrative Code. The filing of a timely and complete Title V permit
application shall have the same effect as filing an application for a renewal
of a permit-to-install and operate for purposes of section
119.06 of the Revised
Code.
(B) Initial
application filing and processing.
Sources required to obtain a Title V permit shall submit an
application no later than the date specified below based on the location of the
source:
(1) Sources that are located
within the areas identified in appendix A to this rule shall file an
application in accordance with rule
3745-77-03 of the Administrative
Code by no later than sixty days after approval of the
Title V permit
program.
(2) Sources that are
located within the areas identified in appendix B to this rule shall file an
application in accordance with rule
3745-77-03 of the Administrative
Code by no earlier than sixty-one days after approval of the
Title V permit
program and no later than one hundred eighty days after approval of the
Title V
permit program.
(3) Sources that
are located within the areas identified in appendix C to this rule shall file
an application in accordance with rule
3745-77-03 of the Administrative
Code by no earlier than one hundred eighty-one days after approval of the
Title
V permit program and no later than three hundred sixty-five days after approval
of the
Title V permit program.
(4)
Sources subject to paragraph (B)(1) or (B)(2) of this rule may submit a request
at least forty-five days prior to the Title V permit application submittal
deadline and request up to a ninety day extension of time to submit a Title V
permit application. The director shall act on the request within thirty days or
the request will automatically be approved.
(5) Sources within the jurisdiction of the
same local air pollution control agency or district office may, by mutual
consent of the director and the owners or operators of the sources involved,
trade the deadline dates for the submission of initial Title V permit
applications under this paragraph.
(C) Notwithstanding the provisions of
paragraph (B) of this rule, no initial Title V permit application shall be due
less than one year after the effective date of this rule.
(D) A timely application for a source
applying for a Title V permit for the first time, other than a source required
to file under paragraph (B) of this rule, is one that is submitted within
twelve months after the source becomes subject to the Title V permit program.
Sources required to have a preconstruction permit under Part C or Part D of
Title I of the act shall submit a complete Title V permit application within
twelve months after commencing operation, provided that where an existing Title
V permit would prohibit construction or operation of such new or modified
source, a Title V permit revision must
shall be obtained before operation of such new or
modified source.
(E) Title V permit
renewal applications shall be filed no earlier than eighteen months and no
later than six months prior to the expiration of the Title V permit.
(F) Applications for initial phase II acid
rain permits shall be submitted to the director by January 1, 1996, for sulfur
dioxide, and by January 1, 1998, for nitrogen oxides.
(G) An owner or operator of a Title V source
required to meet the requirements of Section 112(g) of the act shall file a
Title V permit application within twelve months after commencing operation of a
modification subject to that section.
