Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-77 - Title V Permits › Section 3745-77-09 - Permit review by the administrator and affected states

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) 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.