Title V Permitting Process  

Title V applications are submitted by companies to Ohio EPA via the eBusiness Center using Air Services. The application comes in electronically and is reviewed for preliminary completeness. The application is deemed preliminary complete if 60 days pass and Ohio EPA has not indicated otherwise. Completeness issues are further evaluated throughout the technical application review and permit development. Ohio EPA can request additional information or updates to the application at any time throughout the Title V permitting process. Failure to adequately respond to technical incompleteness deficiencies can result in loss of the permit application shield for the company. The application shield is what allows a company to legally operate while Ohio EPA works on the permit once a timely application is received. The following table identifies the stages that a Title V permit goes through and who can participate in the process at each stage. 

State

Who Can Comment

 

Notes

Draft

Applicant, public, U.S. EPA, any other interested party

The draft permit is public noticed in the newspaper of largest general circulation in the county where the facility is located. U.S. EPA is notified via email (adjoining states are notified as well if applicable) that the draft has been issued and the company receives a hard copy via certified mail. Anyone can comment on the draft. The comment period is open 30 days from the date the notice is published in the newspaper. The newspaper publication date is posted to the web once the Division of Air Pollution Control (DAPC) receives the publication date. A PDF copy of the draft is available on the web.

Preliminary Proposed (PPP)

The applicant

The PPP is sent to the applicant via certified mail once comments have been considered and the document has been updated in response to the comments. The applicant has 14 days to submit comments and/or request a meeting to discuss the revised document. This permit stage is unique to Ohio in order to allow applicants an opportunity to review and discuss if requested changes to the document before it is proposed to U.S. EPA. The PPP is posted to the web.

Proposed (PP)

U.S. EPA

U.S. EPA receives email notification of all issued PP documents. The PP is posted to the web. Pursuant to 40 CFR Part 70 and OAC rule 3745-77-08(A)(5), U.S. EPA has 40 days to review the proposed permit. Otherwise, Ohio EPA can issue the final permit after 45 days. Ohio EPA issues the final permit within ten days of the end of the federal consideration period.

The rule specifies a procedure if the U.S. EPA Administrator objects to the proposed permit. Generally speaking, if  U.S. EPA objects to a proposed permit, Ohio EPA cannot issue a permit over the objection. Ohio EPA has 90 days to consult with U. S. EPA and the applicant and send a revised proposed permit to resolve the issue. Or, Ohio EPA may determine that U.S. EPA's suggested revisions are inconsistent with the law. If that is the case, Ohio EPA has 90 days to notify U.S. EPA of the determination. U.S. EPA can issue a federal-only final permit to the applicant if Ohio EPA disagrees with U.S. EPA's objections. If the final permit is issued or denied by U.S. EPA, it can be appealed to the U.S. Sixth Circuit Court of Appeals.

Final

No one – but final action is subject to appeal rights and reconsideration by U.S. EPA.

The final permit is a final action of the Director. As such, it is subject to appeal to the Environmental Review Appeals Commission for 30 days after public notice of the final action in the newspaper of largest circulation in the county where the facility is located. The permit is also subject to reconsideration by U.S. EPA for up to 60 days after the permit is issued final if someone petitions the U.S. EPA Administrator to reconsider and object to the final permit.

     

Title V Permit Appeal Procedure

If Ohio EPA decides to issue a final Title V permit, an appeal can be made to the Environmental Review Appeals Commission (ERAC). An appeal to ERAC must be in writing and specify the action being appealed and the grounds on which the appeal is based. A copy of the appeal must be received by the director of Ohio EPA within three days of filing with ERAC. File the appeal with:
Environmental Review Appeals Commission
309 S. Fourth St., Room 222
Columbus, OH 43215
(614) 466-8950
 
Also, third parties can petition U.S. EPA to reconsider the issuance of a Title V permit. 

 

 

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