(A) Action on application.
(1) A
Title V permit,
permit modification, or
permit renewal may be issued only if all of the following conditions have been
met:
(a) The
director has received a complete
application for a Title V permit, permit modification, or permit renewal, as
determined in accordance with rule
3745-77-05
of the Administrative Code
;
.
(b) Except for modifications qualifying for
minor
permit modification procedures under paragraphs (C)(1) and (C)(2) of this
rule, the
director has complied with the requirements for public participation
under paragraph (G) of this rule and the procedural requirements of division
(F) (1) of section
3704.036 of the Revised
Code
;
.
(c) The
director has complied with the requirements for notifying and responding to
affected states under paragraph (B) of rule
3745-77-09
of the Administrative Code
;
.
(d) The
director determines that the
conditions of the permit provide for compliance with all applicable
requirements, and the requirements of this chapter
;
and
.
(e) The
administrator has received a copy of
the proposed permit and any notices required under rule
3745-77-09
of the Administrative Code, and has not objected to issuance of the
permit
under paragraph (C) of rule
3745-77-09
of the Administrative Code within the time specified therein.
(2) Following review of a Title V
application submitted in accordance with this chapter, the director shall issue
a draft permit or denial, permit modification or denial, or permit renewal or
denial for public comment, in accordance with paragraph (G) of this rule. The
draft shall be accompanied by a statement that sets forth the legal and factual
basis for the draft permit conditions (including references to the applicable
statutory or regulatory provisions). The director shall send this statement of
basis to the administrator, to the applicant, and to any other person who
requests it.
(3) Following the
completion of the public comment period on the draft permit, the director shall
send the applicant a preliminary proposed permit that incorporates all changes
the director proposes to make to the draft permit and the director's responses
to comments received on the draft permit. Within fourteen days after receipt of
a preliminary proposed permit, the applicant may request an informal conference
with the director. In the event of such request from the applicant, the
director shall hold a conference with the applicant on the preliminary proposed
permit prior to the submission of a proposed permit to the administrator
pursuant to paragraph (A)(4) of this rule.
(4) Following completion of the public
comment period and review of the preliminary
proposed permit as provided in
paragraphs (A)(2) and (A)(3) of this rule, the
director shall prepare and
submit to the
administrator a proposed Title V permit, permit modification, or
permit renewal. Any denial of an application for a Title V permit, permit
modification, or permit renewal shall be made in compliance with division
(F)(1) of section
3704.036 of the Revised Code.
(a) The proposed Title V permit or proposed
denial, modification, or renewal shall be submitted to the administrator no
later than forty-five days preceding the deadline for final action under
paragraph (A)(6) of this rule and shall contain all applicable requirements
that have been promulgated and made applicable to the source as of the date of
issuance of the draft permit.
(b)
If new applicable requirements are promulgated or otherwise become newly
applicable to the source following submission of the proposed permit to the
administrator but before issuance of the final permit, the director shall
extend or reopen the public comment period to solicit comment on additional
permit provisions to implement the new applicable requirements.
(5) The following actions shall
occur after review by the
administrator:
(a)
Upon receipt of notice that the administrator will not object to a proposed
Title V permit, permit modification, or permit renewal that has been submitted
for the administrator's review pursuant to this rule, the director shall issue
the Title V permit, permit modification, or permit renewal forthwith and in any
event no later than the tenth day following receipt of the notice from the
administrator.
(b) Upon the passage
of forty-five days after submission of a Title V permit, permit modification,
or permit renewal for the administrator's review, and if the administrator has
not notified the director of an objection to the proposed permit, the director
shall issue the permit, permit modification, or permit renewal forthwith and in
no event later than the fifty-fifth day following submission for review by the
administrator.
(c) If the
administrator objects to the proposed Title V permit, permit modification, or
permit renewal, the director shall consult with the administrator and the
applicant and shall submit a revised proposed Title V permit to the
administrator within ninety days after the date of the administrator's
objection, unless the director determines that one or more revisions sought by
the administrator are inconsistent with applicable statutes or regulations. In
that case, the director may so inform the administrator within ninety days
following the date of the objection and decline to make those particular
revisions. In no event shall the director issue a final Title V permit over the
administrator's objection.
(6) Except as provided in this paragraph or
in paragraph (C)(1)(e) or (C)(2)(d) of this rule, the
director shall take final
action on each initial or renewal application or application for a modification
within eighteen months after receiving a complete application. For each such
application that the
director does not propose to deny, the
director shall
submit a proposed Title V permit, modification, or renewal to the
administrator
no later than forty-five days before the deadline for final action established
in this paragraph.
(a) The director shall take final
action on at least one third of all initial permit applications annually during
the first two years and shall take action on the remainder of the initial
applications in the third year following approval of the Title V permit
program.
(b)
(a) The director shall take action on any permit,
permit modification, or permit renewal application submitted in compliance with
regulations promulgated under Titles IV or V of the act for the permitting of
affected sources under the acid rain program within the time specified in those
regulations.
(c)
(b) The
director may suspend action on a pending Title
V permit application if the applicant has made appropriate application to the
director pursuant to Chapter 3745-31
or
3745-35 of the Administrative Code to establish federally enforceable
limits that would exempt the
source in question from the requirement to obtain
a Title V permit under rule
3745-77-02
of the Administrative Code until after the
director has taken final action on
the application under Chapter 3745-31
or
3745-35 of the Administrative Code.
(d)
(c) The director shall
take action on any complete permit application containing any early reduction
demonstration under Section 112(i)(5) of the act within nine months of receipt
of the complete application.
(e)
(d) Pursuant to
division (F) of section
3704.036 of the Revised Code,
the director's failure to take final action on a Title V permit renewal or
modification application within the times prescribed by this chapter, may be
appealed to the environmental review appeals commission under section
3745.04 of the Revised
Code.
(B)
Administrative
permit amendments.
(1) An
administrative permit amendment may be made by the director consistent with
all of the following:
(a) The director shall take no more than
sixty days from receipt of a request for an administrative permit amendment to
take final action on such request, and may incorporate such changes without
providing notice to the public or affected states, provided that it designates
any such permit revisions as administrative permit amendments made pursuant to
this paragraph.
(b) The director
shall submit a copy of the revised permit to the administrator.
(c) The source may implement the changes
addressed in the request for an administrative amendment immediately upon
submittal of the request.
(2) Permit shield. Administrative
permit
amendments defined in paragraph (C)(5) of rule
3745-77-01 of the
Administrative Code shall be covered by the
permit shield in paragraph (F) of
rule
3745-77-07 of the
Administrative Code upon the
director's final action granting a request for
such
administrative permit amendment.
(3) Administrative permit amendments for
purposes of the acid rain portion of the permit shall be governed by
regulations promulgated under Title IV of the act.
(C) Permit modification.
A permit modification is any revision to a Title V permit that
cannot be accomplished under the administrative permit amendment provisions
under paragraph (B) of this rule. A permit modification for purposes of the
acid rain portion of the permit shall be governed by regulations promulgated
under Title IV of the act.
(1) Minor
permit modification procedures.
(a) Criteria.
Minor
permit modification procedures may be used only for those permit
modifications that
fulfill all of the following:
(i) Do not violate any
applicable
requirement
;
.
(ii) Do
not involve significant changes to existing monitoring, reporting, or
recordkeeping requirements in the
permit
;
.
[Comment: Because of the size limitations on insignificant
emissions units, the consequences of a change in monitoring at an insignificant
emissions unit would be quite small. Such a change is not significant and,
therefore, is eligible for minor modification procedures. In addition, a
relaxation in a recordkeeping and reporting requirement for a best available
technology emission limitation or operational restriction for an insignificant
emissions unit does not require the use of the significant modification
process. Such a relaxation to the recordkeeping or reporting requirements would
have small consequences, and such a change could be made using the permit
modification procedures stated in this paragraph.]
(iii) Do not require or change a case-by-case
determination of an emission limitation or other standard, or a
source-specific
determination for temporary sources of ambient impacts, or a visibility or
increment analysis
;
.
[Comment: Case-by-case determinations of best available
technology emission limitations, operational restrictions, or other standards
for insignificant emissions units are created by the permit to install and then
are incorporated into the Title V permit. The Title V permit does not create or
change the best available technology emission limitation, operational
restriction or other standard; the best available technology emission
limitation, operational restriction or other standard may be created and
changed only by the permit to install. Therefore, the Title V permit does not
"require or change" such an emission limit, operational restriction or other
standard. Accordingly, in such case the minor modification procedures may be
used.]
(iv) Do not seek to
establish or change a
permit term or condition for which there is no
corresponding underlying
applicable requirement and that the source assumed to
avoid an
applicable requirement to which the source would otherwise be subject.
Such terms and conditions include
either of the
following:
(a) A federally enforceable
emissions cap assumed to avoid classification as a modification under any
provision of Title I of the
act
; or
.
(b) An
alternative emissions limit approved pursuant to regulations promulgated under
Section 112(i)(5) of the
act
;
.
(v) Are not modifications under any provision
of Title I of the
act
; and
.
(vi) Are
not required under paragraph (C)(3) of this rule to be processed as a
significant modification.
(b) Notwithstanding paragraphs (C)(1)(a) and
(C)(2)(a) of this rule, minor permit modification procedures may be used for
permit modifications involving the use of economic incentives, marketable
permits, emissions trading, and other similar approaches, to the extent that
such minor permit modification procedures are explicitly provided for in the
applicable implementation plan or in applicable requirements promulgated by the
administrator.
(c) Application. An
application requesting the use of minor
permit modification procedures shall
meet the requirements of rule
3745-77-03
of the Administrative Code and shall include
all
of the following:
(i) A description of
the change, the emissions resulting from the change, and any new applicable
requirements that will apply if the change occurs
;
.
(ii) The
source's suggested
draft
permit
;
.
(iii)
Certification by a
responsible official, consistent with paragraph (D) of rule
3745-77-03
of the Administrative Code that the proposed modification meets the criteria
for use of minor
permit modification procedures and a request that such
procedures be used
; and
.
(iv)
Completed applications in a form and manner prescribed by the
director to use
to notify the
administrator and affected states as required under rule
3745-77-09
of the Administrative Code.
(d) Administrator and affected state
notification. Within five working days of receipt of a complete permit
modification application, the director shall meet the obligation of paragraphs
(A)(1) and (B)(1) of rule
3745-77-09
of the Administrative Code to notify the
administrator and affected states of
the requested permit modification. The director promptly shall send any notice
required under paragraph (B)(2) of rule
3745-77-09
of the Administrative Code to the
administrator.
(e) Timetable for issuance. Within ninety
days of the
director's receipt of an application under minor permit
modification procedures, or fifteen days after the end of the
administrator's
forty-five day review period under paragraph (C) of rule
3745-77-09
of the Administrative Code, whichever is later, the
director shall
do one of the following:
(i) Issue the
permit modification as
proposed
;
.
(ii)
Propose to deny the
permit modification application that will be effective in
thirty days unless an adjudication hearing is requested
;
.
(iii) Determine that the requested
modification does not meet the minor
permit modification criteria and should be
reviewed under the significant modification procedures under paragraph (C)(3)
of this rule
; or
.
(iv)
Revise the
draft permit modification and transmit to the
administrator the new
proposed permit modification as required by paragraph (A) of rule
3745-77-09
of the Administrative Code.
(f) Ability to make changes. The applicant
may make the change proposed in its minor permit modification application
immediately after it files such application. After the applicant makes the
change allowed by the preceding sentence, and until the director takes any of
the actions specified in paragraph (C)(1)(e) of this rule, the owner or
operator of the source must comply with both the applicable requirements
governing the change and the proposed permit terms and conditions. During this
time period, the owner or operator of the source need not comply with the
existing permit terms and conditions the applicant seeks to modify. However, if
the owner or operator of the source fails to comply with the proposed permit
terms and conditions during this time period, the existing permit terms and
conditions the applicant seeks to modify may be enforced against the
source.
(g) Permit shield. The
permit shield under paragraph (F) of rule
3745-77-07 of the
Administrative Code shall not extend to minor
permit modifications.
(2) Group processing of minor
permit modifications.
Consistent with this paragraph, the director may modify the
procedure outlined in paragraph (C)(1) of this rule to process groups of an
applicant's applications for certain modifications eligible for minor permit
modification processing including modifications for insignificant emissions
units subject to one or more applicable requirements.
(a) Criteria. Group processing of
modifications may be used only for those
permit modifications that
meet both of the following:
(i) Meet the criteria for minor
permit
modification procedures under paragraph (C)(1)(a) of this rule
; and
.
(ii) Collectively are below ten per cent of
the emissions allowed by the
permit for the
emissions unit for which the change
is requested, below twenty per cent of the applicable definition of major
source in rule
3745-77-01 of the
Administrative Code, or below five TPY, whichever is least.
(b) Application. An applicant
requesting the use of group processing procedures shall meet the requirements
of rule
3745-77-03
of the Administrative Code and shall include
all
of the following in the application:
(i) A description of the change, the
emissions resulting from the change, and any new applicable requirements that
will apply if the change occurs
;
.
(ii) The
source's suggested
draft permit
;
.
(iii)
Certification by a
responsible official, consistent with paragraph (D) of rule
3745-77-03
of the Administrative Code, that the proposed modification meets the criteria
for use of group processing procedures and a request that such procedures be
used
;
.
(iv) A
list of the applicant's other pending applications for group processing, and a
determination of whether the requested modification, aggregated with these
other applications, equals or exceeds the threshold set under paragraph
(C)(2)(a)(ii) of this rule
;
.
(v) Certification, consistent with paragraph
(D) of rule
3745-77-03
of the Administrative Code that the applicant has notified the
administrator of
the proposed modification. Such notification need contain only a brief
description of the requested modification
;
and
.
(vi) Completed applications, in the form and
manner prescribed by the
director to notify the
administrator and affected
states as required under rule
3745-77-09
of the Administrative Code.
(c) Administrator and affected state
notification. On a quarterly basis or within five business days of receipt of
an application demonstrating that the aggregate of a source's pending
applications equals or exceeds the threshold level set under paragraph
(C)(2)(a)(ii) of this rule, whichever is earlier, the director promptly shall
meet the obligation under paragraphs (A)(1) and (B)(1) of rule
3745-77-09
of the Administrative Code to notify the
administrator and affected states of
the requested permit modifications. The director shall send any notice required
under paragraph (B)(2) of rule
3745-77-09
of the Administrative Code to the
administrator.
(d) Timetable for issuance. The provisions of
paragraph (C)(1)(e) of this rule shall apply to modifications eligible for
group processing, except that the
director shall take one of the actions
specified in paragraphs (C)(1)(e)(i) to (C)(1)(e)(iv) of this rule within one
hundred eighty days of receipt of the application or fifteen days after the end
of the
administrator's forty-five day review period under paragraph (C) of rule
3745-77-09
of the Administrative Code, whichever is later.
(e) Ability to make changes. The director may
allow the owner or operator of the source to make the changes proposed for
group processing in the minor permit modification application immediately after
the applicant files such the source makes the changes allowed by the preceding
sentence, and until the director takes any of the actions specified in
paragraphs (C)(1) (e)(i) to (C)(1)(e)(iv) of this rule, the owner or operator
of the source must comply with both the applicable requirements governing the
changes and the proposed permit terms and conditions. During this time period,
the owner or operator of the source need not comply with the existing permit
terms and conditions it seeks to modify. However, if the owner or operator of
the source fails to comply with the proposed permit terms and conditions during
this time period, the existing permit terms and conditions the applicant seeks
to modify may be enforced against the owner or operator of the
source.
(f) Permit shield. The
permit shield under paragraph (F) or rule
3745-77-07 of the
Administrative Code shall not extend to group processing of minor
permit
modifications.
(3)
Significant modification procedures.
(a)
Criteria. Significant modification procedures shall be used for applicants
requesting
permit modifications that do not qualify as minor
permit
modifications or as administrative amendments, including
either of the following:
(i) Significant change in existing monitoring
permit terms or conditions
; or
.
(ii) A
relaxation of reporting or recordkeeping permit terms or conditions, except for
those relating to best available technology emission limitations, operational
restrictions or other standards for insignificant emission units, which are
subject to the minor modification procedures and comments set forth at
paragraph (C) (1) of this rule.
(b) No permit condition that is rendered
inapplicable as a result of a modification shall be construed to prohibit the
modification.
(c) Significant
permit modifications shall meet all requirements of this chapter, including
those for applications, public participation, review by affected states, and
review by the administrator, as they apply to permit issuance and permit
renewal. The director shall complete review on a majority of significant permit
modifications within nine months after receipt of a complete
application.
(d) A complete
application for a significant permit modification shall be filed within twelve
months after commencing operation of the modified source, provided that where
an existing Title V permit would prohibit construction or operation of such
modified source, a Title V permit revision must be obtained before operation of
such modified source. This paragraph shall not affect the applicability of
Chapter 3745-31 of the Administrative Code to any source that is required to
have a permit to install under that chapter.
(D) Reopening for cause.
(1) Causes for reopening prior to
permit
expiration. Each issued
permit shall include provisions specifying the
conditions under which the
permit will be reopened prior to the expiration of
the
permit. A
permit shall be reopened and revised under any of the following
circumstances:
(a) Additional applicable
requirements under the Act become applicable to a major Title V source with a
remaining permit term of three or more years. Such a reopening shall be
completed not later than eighteen months after promulgation of the applicable
requirement. No such reopening is required if the effective date of the
requirement is later than the date on which the permit is due to expire, unless
the original permit or any of its terms and conditions has been extended
pursuant to paragraph (E)(1) of this rule.
(b) Additional requirements (including excess
emissions requirements) become applicable to an affected source under the acid
rain program. Upon approval by the administrator, excess emissions offset plans
shall be deemed to be incorporated into the permit.
(c) The director or the administrator
determines that the permit contains a material mistake or that inaccurate
statements were made in establishing the emissions standards or other terms or
conditions of the permit.
(d) The
administrator or the director determines that the permit must be revised or
revoked to assure compliance with the applicable requirements.
(2) Reopening procedure.
Procedures to reopen and issue a permit shall follow the same
procedures as apply to initial permit issuance under paragraph (A) of this rule
and, except as provided in paragraph (B)(3) of this rule, shall affect only
those parts of the permit for which cause to reopen exists. Such reopening
shall be made as expeditiously as practicable.
(3) Advance notice to permittee.
Reopenings under paragraph (D)(1) of this rule shall not be
initiated before a notice of such intent is provided to the owner or operator
of the Title V source by the director at least thirty days in advance of the
date that the permit is to be reopened, except that the director may provide a
shorter time period in the case of an emergency.
(4) Action by the
administrator.
Within ninety days, or longer if the administrator extends this
period, after receipt of notification by the administrator that the
administrator has found cause to exist to revoke, modify, or revoke and reissue
a permit pursuant to paragraph (D)(1) of this rule, the director shall forward
to the administrator a proposed determination of revocation, modification, or
revocation and reissuance, as appropriate. Within ninety days receipt of the
administrator's objection to a proposed determination, the director shall
address and act upon the administrator's objection unless the director
determines that one or more revisions sought by the administrator are
inconsistent with applicable statutes or regulations.
(E) Renewal applications and
processing.
(1) If the
director fails to take
a final action on the application to renew a Title V permit prior to expiration
of the Title V permit and the owner or operator of the source filed the
application in accordance with paragraph (E) of rule
3745-77-04
of the Administrative Code and such application was deemed complete in
accordance with paragraph (A) of rule
3745-77-05
of the Administrative Code. All provisions and authorizations of the expired
permit shall remain in effect until the
director's final action on the pending
renewal application. If a Title V operating permit expires after a timely and
complete renewal application has been filed in accordance with paragraph (E) of
rule
3745-77-04
of the Administrative Code with the
director, all authorizations and provisions
under the permit shield of the expired permit shall remain in effect until the
director's final action on the pending renewal application.
(2) If a permit has been reopened for cause
within two years of the expiration of the permit, the owner or operator of the
source may elect to use the reopening procedure to renew the entire
permit.
(F) Revocation.
(1) The
director may revoke a Title V permit
if the
director determines that any of the federally enforceable conditions,
terms, or standards of paragraph (A) (7)(a) of rule
3745-77-07 of the
Administrative Code or any other
applicable requirement have been or will be
violated. Where the director determines that such violations occurred only at
individual emission units covered by the Title V permit, the director may
revoke the Title V permit and reissue it for only those emission units that are
not in violation.
(2) The director
shall afford a prompt hearing to any permit holder whose Title V permit is
revoked in the manner prescribed in Chapter 3745-47 of the Administrative
Code.
(3) Revocation and reissuance
of a Title V permit shall be final thirty days after service of notice to the
permit holder.
(4) A Title V permit
that has been revoked shall be surrendered forthwith to the director.
(G) Public participation.
Except for modifications qualifying for minor permit
modification procedures, all permit proceedings, including initial permit
issuance, significant modifications, and renewals, shall follow the procedures
in this paragraph for public comment and hearing.
:
(1) Notice shall be given: by publication in
a newspaper of general circulation in the area where the
source is located and
in the "Ohio EPA Weekly Review"; to persons on a mailing list developed by the
director, including those who request in writing to be on the list; and by
other means if necessary to assure adequate notice to the affected
public
;
.
(2) The
notice shall identify the affected
facility; the name and address of the
permittee; the name and address of the
director; the activity or activities
involved in the permit action; the emissions change involved in any permit
modification; the name, address, and telephone number of a person from whom
interested persons may obtain additional information, including copies of the
permit draft, the application, all relevant supporting materials, including any
permit application, compliance plan, permit, and monitoring and compliance
certification report pursuant to Section 503(e) of the
act, except for
information entitled to confidential treatment pursuant to Section 114(c) of
the
act, and all other materials available to the director that are relevant to
the permit decision; a brief description of the comment procedures required by
this chapter; and the time and place of any hearing that may be held, including
a statement of procedures to request a hearing (unless a hearing has already
been scheduled)
;
.
(3) The
director shall provide such notice and opportunity for participation by
affected states as is provided for by rule
3745-77-09
of the Administrative Code
;
.
(4) The
director shall provide at least
thirty days for public comment and shall give notice of any public hearing at
least thirty days in advance of the hearing
;
.
(5) The director shall keep a record of the
commenters and also of the issues raised during the public participation
process and such records shall be available to the public.
(H) Termination.
(1) Other than upon
Title V permit
expiration, a
Title V permit, or terms and conditions within a
Title V permit
that apply to a specific
emissions unit or activity level, terminate when
any of the following occur:
(a) The
responsible official of a permittee
submits to the Ohio environmental protection
agency and the Ohio environmental
protection
agency receives a document certifying permanent shutdown of the
Title V facility or, as applicable, the specific emissions unit within the
facility
;
.
(b) A
change is made at the Title V
facility such that the
facility is no longer a
Title V source pursuant to paragraph (B) of rule
3745-77-02
of the Administrative Code, and the owner or operator submits to the
director a
complete application for a permit-to-install and operate (PTIO) that
demonstrates the facility is no longer a Title V source under paragraph (B) of
rule
3745-77-02
of the Administrative Code or is exempt pursuant to paragraph (C) of rule
3745-77-02
of the Administrative Code from the requirements to obtain a
Title V permit,
and the
director has issued a PTIO pursuant to Chapter 3745-31 of the
Administrative Code for all air contaminant sources at the facility for which a
PTIO is required if the sources are not covered by a Title V permit
; or
.
(c) The owner or operator submits to the
director a complete application for a PTIO requesting federally-enforceable
restrictions (i.e. application for a federally enforceable PTIO (FEPTIO)) that
demonstrates upon issuance of an FEPTIO the facility will no longer be Title V
source under paragraph (B) of rule
3745-77-02
of the Administrative Code because it will be exempt pursuant to paragraph
(C)(4) of rule
3745-77-02
of the Administrative Code from the requirements to obtain a
Title V permit,
and the
director has issued the FEPTIO and, as needed, a PTIO, for all air
contaminant sources at the facility for which a FEPTIO and, if applicable, a
PTIO is required if the sources are not covered by a Title V permit.
(2) Provided a complete
application for a PTIO or FEPTIO is filed under paragraph (H)(1)(b) or
(H)(1)(c) of this rule six months prior to expiration of the Title V permit, if
the director fails to take final action on the application, the owner or
operator is permitted by this rule to continue to operate the facility in
accordance with all terms and conditions and authorizations of the expired
Title V permit until the director takes final action on the
application.
(3) An owner or
operator shall submit to the Ohio environmental protection agency by no later
than the date required by the terminated Title V permit or by the terms and
conditions of the expired Title V permit applied to the source under paragraph
(H)(2) of this rule, any quarterly deviation reports, semiannual deviation
reports, annual compliance certifications, or similar report or certification,
for the last period during which the Title V permit applied to the source, or
during which the terms and conditions of the expired Title V permit applied to
the source under paragraph (H)(2) of this rule.