Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-77 - Title V Permits › Section 3745-77-10 - State law applicability

Current through all regulations passed and filed through July 1, 2024
[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 (AA) of rule
				3745-77-01 of the Administrative
				Code titled "referenced materials."]
(A) General authority for state only permit
			 terms and conditions.
The director shall have authority to include in Title V permits
				any terms and conditions that are authorized by Ohio law, including terms and
				conditions that are consistent with the requirements of Chapter 3745-31 of the
				Administrative Code that would be applicable in the absence of the Title V
				permit program. Such terms and conditions shall be "state only" requirements.
				The director shall prescribe the manner and form for the inclusion of such
				information in Title V permit applications submitted pursuant to this chapter
				as is necessary to implement state only requirements applicable to one or more
				emissions units at a Title V source.
(B) Separation of state only and federally
			 enforceable permit terms and conditions.
Terms and conditions of a Title V permit that are imposed
				pursuant to state law only shall be identified in the permit as not federally
				enforceable and shall be differentiated from federally enforceable permit terms
				and conditions that are required under the act or any applicable requirements.
				Notwithstanding the separation of state only and federally enforceable terms
				and conditions in a Title V permit, all federally enforceable terms and
				conditions in a Title V permit shall be enforceable by the director as well as
				by the administrator.
(C)
			 Revision of state only permit terms and conditions.
The director may modify or eliminate any state only terms and
				conditions of a Title V permit in accordance with the same procedures
				applicable to the modification or elimination of terms and conditions in a
				permit-to-install or PTIO pursuant to Chapter 3745-31 of the Administrative
				Code, provided that such modification or elimination does not result in a Title
				I modification and does not cause the source to become subject to an applicable
				requirement or violate any federally enforceable term or condition in the Title
				V permit. Nothing in this paragraph shall affect the applicability of the
				notification and recordkeeping requirements of paragraph (I) of rule
				3745-77-07 of the Administrative
				Code.
(D) Violation of state
			 only permit terms and conditions.
No person shall violate any state only term or condition of a
				Title V permit. Any violation of any state only term or condition of a Title V
				permit shall be a violation of division (J)(2) of section
				3704.05 of the Revised Code. The
				director may suspend or revoke the state only authority to operate one or more
				emissions units subject to a Title V permit consistent with paragraph (B) of
				rule 3745-31-07 of the Administrative
				Code. No person shall operate an emissions unit after the effective date of a
				final suspension or revocation of the applicable state only portion of a Title
				V permit.