(A) The department shall consider comments
received pursuant to rules
3701:1-40-34
and
3701:1-40-37
of this chapter and prepare a final bureau assessment report that contains the
elements specified in rule
3701:1-40-34
of the Administrative Code.
(B) The
final bureau assessment report shall contain all of the following:
(1) A summary of responses to any relevant
comments received on the draft bureau assessment report or on any supplement to
the draft bureau assessment report;
(2) A discussion of any relevant opposing
view not adequately discussed in the draft bureau assessment report or in any
supplement to the draft bureau assessment report, and a response to the issues
raised;
(3) A statement on how the
alternatives considered in it and decisions based on it will or will not
achieve the requirements of any relevant and applicable environmental laws and
policies; and
(4) A final analysis
and a final recommendation on the action to be taken.
(C) If the proposed action has not been
taken, the department will prepare a supplement to a final bureau assessment
report for which a notice of availability has been published as provided in
rule
3701:1-40-37
of the Administrative Code, if:
(1) There are
substantial changes in the proposed action that are relevant to environmental
concerns; or
(2) There are
significant new circumstances or information relevant to environmental concerns
and bearing on the proposed action or its impacts.
The supplement shall contain a request for comments as provided
in rule
3701:1-40-34
of the Administrative Code, and a notice of availability shall be published in
applicable local newspapers as provided in rule
3701:1-40-37
of the Administrative Code. If comments are not requested
received, a
notice of availability of a supplement to a final bureau assessment report
shall be published as provided in rule
3701:1-40-37
of the Administrative Code.
(D) The supplement to a final bureau
assessment report will be prepared in the same manner as the final bureau
assessment report.
(E) A copy of
the final bureau assessment report will be distributed to the following:
(1) The Ohio environmental protection
agency;
(2) The
applicant;
(3) Appropriate federal,
state, regional and metropolitan clearinghouses; and
(4) Each person providing comment.
Additional copies will be made available by request to the
department.
(F)
If the final bureau assessment report is unusually long, or there are so many
comments on a draft bureau assessment report or any supplement to a draft
bureau assessment report that distribution of the entire final report to all
persons providing comments is impracticable, a summary of the final statement
and the substantive comments may be distributed.
(G) A supplement to a final bureau assessment
report shall be distributed in the same manner as the final bureau assessment
report to which it relates.
(H)
News releases stating the availability and place for obtaining or inspecting a
final bureau assessment report or supplement shall be provided to area
newspapers where the proposed action is to occur and other appropriate
media.
(I) A notice of availability
will be published in accordance with rule
3701:1-40-37
of the Administrative Code.
(J) The
final bureau assessment report, together with any comments and any supplement,
will accompany the application and be considered in the director's
decision-making process. The final bureau assessment report, together with any
comments and any supplement, will be made a part of the record of any
adjudicatory proceeding resulting from the director's decision.