[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) Transmission of information to the
administrator.
(1) Unless the administrator
waives this requirement as provided in
40 CFR
70.8(a)(2), the director
shall provide to the administrator a copy of each Title V permit application
(including any application for
significant or
minor Title V permit modification),
the statement
required by paragraph (A)(2) of rule
3745-77-08of the Administrative
Code (sometimes referred to as the `statement of basis'), each proposed
Title V permit, and each final Title V permit
, and, if
significant comment is received during the public participation process, the
written response to comments (which includes a written response to all
significant comments raised during the public participation process on the
draft permit and recorded under paragraph (G)(5) of rule
3745-77-08 of the Administrative
Code), and an explanation of how those public comments and the permitting
authority's responses are available to the public. The director may
require the applicant to provide a copy of the permit application (including
the compliance plan) directly to the administrator. Upon agreement with the
administrator, the director may submit to the administrator a Title V permit
application summary form and any relevant portion of the Title V permit
application and compliance plan, in place of the complete permit application
and compliance plan.
(a)
Where the public participation process for a draft
permit concludes before the proposed permit is submitted to the administrator,
submit the statement required by paragraph (A)(2) of rule
3745-77-08 of the Administrative
Code (sometimes referred to as the 'statement of basis') and the written
response to comments, if significant comment was received during the public
participation process, with the proposed permit along with other supporting
materials required in paragraph (A) of this rule, excepting the final permit.
The administrator's forty-five day review period for this proposed permit does
not begin until such materials have been received by the
administrator.
(b)
In instances where the administrator has received a
proposed permit from a permitting authority before the public participation
process on the draft permit has been completed, submit the statement required
by paragraph (A)(2) of rule
3745-77-08 of the Administrative
Code (sometimes referred to as the 'statement of basis') with the proposed
permit along with other supporting materials, required in paragraph (A) of this
rule, excepting the final permit and the written response to comments. If the
permitting authority receives significant comment on the draft permit during
the public participation process, but after the submission of the proposed
permit to the administrator, the administrator will no longer consider the
submitted proposed permit as a permit proposed to be issued under section 505
of the Act. In such instances, submit any revisions to the permit and permit
record necessary to address such public comments, including preparation of a
written response to comments (which includes a written response to all
significant comments raised during the public participation process on the
draft permit and recorded under paragraph (G)(5) of rule
3745-77-08of the Administrative
Code), with the proposed permit and the supporting material required under
paragraph (A)(1)(a) of this rule, excepting the final permit, to the
administrator after the public comment period has closed. This later submitted
permit will then be considered as a permit proposed to be issued under section
505 of the act, and the administrator's review period for the proposed permit
does not begin until all required materials have been received by the
administrator.
(2)
The director shall keep for five years such records and submit to the
administrator such information as the administrator may reasonably require to
ascertain whether the state program complies with the requirements of the act
and 40 CFR Part
70.
(B)
Review by affected states.
(1) The director
shall give notice of each draft Title V permit to any affected state on or
before the time that the director provides this notice to the public under
paragraph (G) of rule
3745-77-08 of the Administrative
Code except to the extent paragraphs (C)(1)(d) and (C)(2)(c) of rule
3745-77-08 of the Administrative
Code require the timing of the notice to be different.
(2) As part of the director's submittal of a
proposed Title V permit to the administrator (or as soon as possible after the
submittal for minor permit modification procedures under paragraph (C)(1) or
(C)(2) of rule
3745-77-08 of the Administrative
Code, the director shall notify the administrator and any affected state in
writing of any refusal by the director to accept all recommendations for the
proposed Title V permit that the affected state submitted during the public or
affected state review period. The notice shall include the director's reasons
for not accepting any such recommendation. The director is not required to
accept recommendations that are not based on federally applicable requirements
or the requirements of this chapter.
(C) Objection by the administrator.
(1) No Title V permit for which an
application
must
shall be transmitted to the administrator under
paragraph (A) of this rule shall be issued if the administrator objects to its
issuance in writing within forty-five days of receipt of the proposed permit
and all necessary supporting information
required under
paragraph (A)(1) of this rule, including under paragraph (A)(1)(a) or (A)(1)(b)
of this rule where applicable.
(2) The director shall, within ninety days
after the date of receipt of an objection under paragraph (C)(1) of this rule,
revise and submit a proposed Title V permit in response to the objection unless
the director determines that no change in the proposed permit is necessary or
appropriate to comply with applicable requirements or requirements of this
chapter. In no event shall the director issue a Title V permit over the
objection of the administrator.
Notes
Ohio Admin. Code
3745-77-09
Effective:
3/11/2024
Five Year Review (FYR) Dates:
9/12/2023 and
03/11/2029
Promulgated
Under: 119.03
Statutory Authority: 3704.03(E), 3704.03(G),
3704.03(X), 3704.036
Rule Amplifies: 3704.036
Prior
Effective Dates: 04/20/1994, 02/14/2010,
07/19/2018