[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 (LLLLLL)
(AA) of rule
3745-31-01 of the Administrative
Code titled, "referenced materials."]
(A) Completeness review time restriction.
Within sixty days after the director or the director's agent or
authorized representative receives an application for the issuance of a permit
to install or PTIO pursuant to rules adopted under division (F) of section
3704.03 of the Revised Code, or
an application to modify such a permit, the director shall determine whether
the application is substantially complete or materially deficient and shall
notify the applicant, in writing, of the determination. If the director fails
to make such a completeness determination and provide written notice of the
determination to the applicant within sixty days after the application was
submitted, the applicant may submit a written request to the director for the
making of such a completeness determination.
(B) Request for completeness determination.
Within thirty days after receiving a written request for the
making of a completeness determination on an application under paragraph (A) of
this rule, the director shall determine whether the application is
substantially complete or materially deficient and, in writing, notify the
applicant of the determination. If the director fails to make a completeness
determination and provide written notice of the determination to the applicant
within thirty days after receiving the applicant's written request for the
making of the determination, the application shall be deemed to have been
complete in all material respects at the time that it
the application was
submitted to the director or the director's agent or authorized
representative.
(C)
Materially deficient applications.
If, within the time prescribed in paragraph (A) and, if
applicable, paragraph (B) of this rule, the director or the director's agent or
authorized representative determines that an application is materially
deficient, the director shall return the application to the applicant. The
running of the time prescribed under paragraph (A) of this rule and, if
applicable, paragraph (B) of this rule ceases at the time that the
determination is made. If the applicant subsequently resubmits the application
to the director, the time prescribed in paragraph (A) of this rule and, if
applicable, paragraph (B) of this rule shall resume running at the time that
the application is resubmitted. The resubmission of the application constitutes
a request for the making of a completeness determination on the application.
The director shall do one of the following within the time remaining pursuant
to paragraph (A) and, if applicable, paragraph (B) of this rule at the time
that the application is resubmitted:
(1) Make a completeness determination on the
application and, in writing, notify the applicant of the
determination;
(2) Issue or deny or
propose to issue or propose to deny the permit or modification.
(D) Completeness date
notification.
The director shall include in each written notice of the
completeness of an application provided under paragraph (A), (B), or (C)(1) of
this rule the date on which the application was determined to be
complete.
(E) Permit
decision time limits and issuance or denial.
A permit-to-install or PTIO shall be issued, modified, or denied and may be challenged in accordance with
the provisions of the rules of procedure of the Ohio environmental protection
agency, Chapters 3745-47 and 3745-49 of the Administrative Code.
(1) For the purposes of this paragraph,
"initial construction PTIO" means a PTIO for an air contaminant source that is
not currently regulated under a permit-to-install or PTIO.
(2) Permit-to-install, initial construction
PTIO, or modification.
(a) The director shall
issue or deny or propose to issue or deny a permit-to-install or initial
construction PTIO pursuant to rules adopted under division (F) of section
3704.03 of the Revised Code, or
modification, as defined in rule
3745-31-01 of the Administrative
Code, of such a permit within one hundred eighty days after the date the
application for the permit or modification was determined to be complete as
that date is set forth in the written notice of the determination of the
completeness of the application provided under paragraph (A), (B), or (C)(1) of
this rule or within one hundred eighty days after the application is deemed to
be complete under paragraph (B) of this rule, as appropriate. If the director
fails to issue or deny or propose to issue or deny the permit or modification
within the appropriate one-hundred-eighty-day period, the applicant may bring a
mandamus action to obtain a judgment that orders the director to take a final
action on the application.
(3) PTIO for air contaminant sources
currently regulated under a permit-to-install.
(a) The director may issue or deny or propose
to issue or deny a PTIO, where the applicant holds a previously issued
permit-to-install for the same air contaminant source, pursuant to rules
adopted under division (F) of section
3704.03 of the Revised Code as
expeditiously as practicable, except when the air contaminant source is
considered a modification as defined in rule
3745-31-01 of the Administrative
Code, then paragraph (E)(2) of this rule shall be applicable.
(4) Express permit-to-install or
express PTIO.
(a) Within sixty days of the
receipt of a complete request, the director shall notify the applicant whether
the air contaminant source will be accepted for express processing of a
permit-to-install or PTIO pursuant to paragraph (G) of rule
3745-31-05 of the Administrative
Code. Installation or construction of the air contaminant source may commence
after sixty days if the applicant has not been notified or upon the issuance of
the express permit-to-install or express PTIO.
(b) Within one hundred eighty days after a
completed application is filed, the director shall issue or deny or propose to
issue or deny an express permit-to-install or express PTIO.
(5) Administratively modified
permit-to-install or PTIO.
The director may issue or deny or propose to issue or deny a
permit-to-install or PTIO that meets the definition of an administrative
modification in rule
3745-31-01 of the Administrative
Code, pursuant to rules adopted under division (F) of section
3704.03 of the Revised Code, as
expeditiously as practicable.
(6) Renewal PTIO.
(a) The director shall issue or deny or
propose to issue or deny a renewal PTIO pursuant to rules adopted under
division (F) of section
3704.03 of the Revised Code
within one hundred eighty days after the date the application for the renewal
PTIO was determined to be complete as that date is set forth in the written
notice of the determination of the completeness of the application provided
under paragraph (A), (B), or (C)(1) of this rule or within one hundred eighty
days after the application is deemed to be complete under paragraph (B) of this
rule, as appropriate. If the director fails to issue or deny or propose to
issue or deny the renewal PTIO within the appropriate one hundred eighty day
period, the applicant may bring a mandamus action to obtain a judgment that
orders the director to take a final action on the application.
(b) In accordance with division (C) of
section 119.06 of the Revised Code, when
an applicant submits a timely and complete renewal application pursuant to
applicable law and the terms and conditions of the PTIO, the permittee's
failure to have a renewed PTIO is not a violation of this chapter. Upon
expiration of the PTIO, the permittee shall continue to operate under the terms
and conditions of an expired PTIO until issuance of a renewal PTIO by the
director.
(F)
Extension of the permit review time period for the public.
The director, upon the director's own motion or upon the
written request of the applicant and in writing, may extend the time provided
under paragraph (E) of this rule for issuing or denying or proposing to issue
or deny the permit or modification for an additional sixty days if a public
meeting or public hearing was held on the application for the permit or
modification.
(G) Extensions
of the permit review time period for the applicant.
Upon the written request of the applicant, the director, in
writing, may extend the time provided under paragraph (E) of this rule for
issuing or denying or proposing to issue or deny the permit or modification for
the additional time specified in the applicant's request for the
extension.
(H) Public
participation/notification requirements.
The director shall do the following:
(1) Notify the public, by advertisement in a
newspaper of general circulation in each county in which the proposed air
contaminant source would be constructed and operated, of the application, the
draft action (if issued), the ambient air impact that is expected from the
nonattainment NSR permit or the PSD permit, if any, and of the opportunity to
request a public hearing, comment at that public hearing or submit written
comments on any draft action
. This notice shall
follow the requirements
as required
under Chapter 3745-49 of the Administrative Code.
(2) Send a copy of the notice of public
comment to the applicant, the administrator of the United States environmental
protection agency, and to officials and agencies having jurisdiction over the
location where the proposed air contaminant source would be built as follows:
(a) Any other state or local air pollution
control agencies.
(b) The chief
executives of the city and county where the air contaminant source would be
located.
(c) Any comprehensive
regional land use planning agency.
(d) Any federal land manager, tribal
governing body, or state whose lands may be affected by emissions from the air
contaminant source or modification.
(3) For all draft action permits-to-install
or PTIOs, upon request, provide opportunity for a public hearing for interested
persons to appear and submit written or oral comments on the air quality impact
of the air contaminant source, alternatives to
it
the permit-to-install or
PTIO, the control technology required, and other appropriate
considerations.
(4) Consider all
written comments submitted within the period specified in the notice of public
comment and all comments received at any public hearing in making a final
decision on the approvability of the application
.
The director shall
, and make all
comments available for public inspection.
(5) Notify the applicant in writing of the
final determination and make such notification available for public
inspection.
(I) Federal
land manager notification requirements.
For purposes of new source review of any new major stationary
source or major modification that may affect any Class I area and would be
constructed in an area that is designated attainment, nonattainment, or
unclassified under 40 CFR
81.336, in any review under rule
3745-31-17 of the Administrative
Code with respect to visibility protection and analysis of a Class I area, the
director shall provide the following:
(1) Written notification to all affected
federal land managers of any proposed new major stationary source or major
modification that may affect any Class I area. Such notification shall be made
in writing and include a copy of all information relevant to the permit
application within thirty days of receipt of and at least sixty days prior to
the public hearing held by the Ohio environmental protection agency on the
application for an installation permit. Notifications under this paragraph
shall include an analysis of the anticipated impacts on visibility in any Class
I area. This written notification may be waived with documented approval from
all affected federal land managers in advance of the sixty day review period
prior to the public hearing.
(2)
Where the Ohio environmental protection agency receives advance notification
(e.g. early consultation with the source prior to submission of the application
or notification of intent to monitor under rule
3745-31-14 of the Administrative
Code) of a permit application for a source that may affect any Class I area,
the director shall notify all affected federal land managers no later than
thirty days after such advance notification.
(3) The director shall consider any analysis
performed by the federal land manager, provided within thirty days of the
federal land manager application notification and analysis required under
paragraph (I)(1) of this rule, demonstrating whether the proposed new major
stationary source or major modification has an impact on visibility in any
Class I area. Where the director finds that such an analysis does not
demonstrate to the satisfaction of the director that an impact on visibility
will result in a Class I area, the Ohio environmental protection agency shall
either provide an explanation of the finding or give notice as to where the
explanation can be obtained in the notice for the public hearing.
Notes
Ohio Admin. Code 3745-31-06
Effective:
3/11/2023
Five Year Review (FYR) Dates:
11/30/2022 and
11/30/2027
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(F),
3704.03(G)
Rule Amplifies:
3704.03(G),
3704.03(F),
3704.03(A)
Prior Effective Dates: 07/05/1973, 01/01/1974, 12/07/1978,
11/07/1979, 06/14/1982, 08/15/1982, 09/18/1987, 11/17/1988 (Emer.), 03/09/1989
(Emer.), 06/12/1989, 10/08/1993, 04/20/1994, 10/31/1994, 11/18/1994,
04/12/1996, 04/27/1998, 06/18/2001, 11/30/2001, 10/17/2003, 10/28/2004,
11/03/2006, 12/01/2006, 06/30/2008, 05/29/2014,
05/01/2016
