Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-28 - Opt-in permit process

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 (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 
									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
			 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.