Ohio Admin. Code 3745-103-28 - Opt-in permit process
[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 (C) of rule 3745-103-01 of the Administrative Code titled "Referenced materials."]
(A) Submission. The designated representative
of a combustion or process source may submit an opt-in permit application and a
monitoring plan to the director and a copy to the USEPA at any time for any
combustion or process source that is operating.
(B) Issuance or denial of opt-in permits. The
director shall issue or deny opt-in permits or revisions of opt-in permits in
accordance with the procedures in rule
3745-77-02 of the Administrative
Code, 40 CFR Part 71, and 40 CFR Part 72, Subparts F and G, except as provided
in this rule.
(1) Supplemental information.
Regardless of whether the opt-in permit application is complete, the USEPA or
the director may request submission of any additional information that the
USEPA or the director determines to be necessary in order to review the opt-in
permit application or to issue an opt-in permit.
(2) Interim review of monitoring plan. The
USEPA will determine, on an interim basis, the sufficiency of the monitoring
plan, accompanying the opt-in permit application. A monitoring plan shall be
determined to be sufficient, for purposes of interim review, if the plan
appears to contain information demonstrating that all
SO2 emissions, NOx emissions,
CO2 emissions, and opacity of the combustion or process
source are monitored and reported in accordance with 40 CFR Part 75. This
interim review of sufficiency shall not be construed as the approval or
disapproval of the combustion or process source's monitoring system.
(3) Issuance of draft opt-in permit. After
the USEPA determines whether the combustion or process source's monitoring plan
is sufficient under paragraph (B) of this rule, the director shall serve the
draft opt-in permit or the denial of a draft permit or the draft opt-in permit
revisions or the denial of draft opt-in permit revisions on the designated
representative of the combustion or process source submitting an opt-in permit
application. A draft permit or draft opt-in permit revision shall not be served
or issued if the monitoring plan is determined not to be sufficient.
(4) Confirmation by source of intention to
opt-in. Within twenty-one calendar days from the date of service of the draft
opt-in permit or the denial of the draft opt-in permit, the designated
representative of a combustion or process source submitting an opt-in permit
application shall submit to the USEPA and the director, in writing, a
confirmation or recision
rescission of the source's intention to become an
opt-in source under this rule. The USEPA shall treat the failure to make a
timely submission as a recision of the source's intention to become an opt-in
source and as a withdrawal of the opt-in permit application.
(5) Issuance of draft opt-in permit. If the
designated representative confirms the combustion or process source's intention
to opt in under paragraph (B) of this rule, the director shall give notice of
the draft opt-in permit or denial of the draft opt-in permit and an opportunity
for public comment, as provided in accordance with rule
3745-77-08 of the Administrative
Code with regard to a draft permit or the denial of a draft permit.
(6) Permit decision deadlines. The director
shall issue or deny an opt-in permit within eighteen months of receipt of a
complete opt-in permit application or such lesser time approved for operating
permits under rule
3745-77-08 of the Administrative
Code.
(7) Withdrawal of opt-in
permit application. A combustion or process source may withdraw
its
the
source's opt-in permit application at any time prior to the issuance of
the final opt-in permit. Once a combustion or process source withdraws its
application, in order to re-apply, the designated representative shall submit a
new opt-in permit application in accordance with rule
3745-103-29 of the
Administrative Code for combustion sources or rule
3745-103-30 of the
Administrative Code for process sources.
(C) [Reserved.]
(D) Entry into the acid rain program.
(1) Effective date. The effective date of the
opt-in permit shall be either January first, April first, July first, or
October first for a combustion or process source providing monthly data under
rule 3745-103-33 of the
Administrative Code, or January first for a combustion or process source
providing annual data under rule
3745-103-33 of the
Administrative Code, following the later of the issuance of the opt-in permit
by the director or the completion of monitoring system certification, as
provided in rules
3745-103-52 and
3745-103-53 of the
Administrative Code for combustion sources or rule
3745-103-54 of the
Administrative Code for process sources. The combustion or process source
shall become
becomes an opt-in source and an affected unit as of
the effective date of the opt-in permit.
(2) Allowance allocation. After the opt-in
permit becomes effective, the USEPA shall allocate allowances to the opt-in
source as provided in rule
3745-103-41 of the
Administrative Code. If the effective date of the opt-in permit is not January
first, allowances for the first year shall be prorated as provided in rule
3745-103-39 of the
Administrative Code.
(E)
Expiration of opt-in permit. An opt-in permit that is issued before the
completion of monitoring system certification under rules
3745-103-52 and
3745-103-53 of the
Administrative Code for combustion sources or under rule
3745-103-54 of the
Administrative Code for process sources shall expire one hundred eighty days
after the director serves the opt-in permit on the designated representative of
the combustion or process source governed by the opt-in permit, unless such
monitoring system certification is complete. The designated representative may
petition the USEPA and the director to extend this time period in which an
opt-in permit expires and shall explain in the petition why such an extension
should be granted. The designated representative of a combustion source
governed by an expired opt-in permit that seeks to become an opt-in source
shall submit a new opt-in permit application.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/10/1997, 06/27/2002, 01/12/2007, 11/10/2011, 10/20/2017
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