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NOTICE OF ADOPTION OF RULES - OHIO ADMINISTRATIVE CODE (OAC) CHAPTER 3745-77 - TITLE V PERMIT RULES
Division of Air Pollution Control


Notice is hereby given that the Director of the Ohio Environmental Protection Agency (Ohio EPA) has adopted the following rules 3745-77-01 to 3745-77-04 and 3745-77-06 to 3745-77-10 of the Ohio Administrative Code (OAC).

The rules in OAC chapter 3745-77 establish Ohio's Title V permitting program. Title V of the Clean Air Act requires each state to develop a permit-to-operate system and emission fee program for major sources of air pollution. The operating permit program streamlines the way federal, state, tribal and local authorities regulate air pollution by consolidating all air pollution control requirements into a single, comprehensive operating permit that covers all aspects of a source's year-to-year air pollution activities. Pursuant to Title V of the Clean Air Act, Ohio EPA established an approved Title V permit program in OAC Chapter 3745-77 for "major sources" and "affected sources" (as defined in 40 CFR Part 70) that are located in Ohio.

The Director's order of adoption was issued on July 9, 2018. The adoption of these amended rules will become effective on July 19, 2018.

The Director's action in this matter is pursuant to the procedural requirements of Ohio Revised Code Chapter 119 and is based upon the record of the public hearing conducted by Ohio EPA on December 21, 2018, and comments received during the public comment periods.

Ohio EPA's air pollution control rules are available on our web page at: http://epa.ohio.gov/dapc/DAPCrules.aspx. To request a copy of these rules, obtain further information, or inspect or request copies of agency files and records pertaining to the proceeding contact Paul Braun, Ohio EPA, Division of Air Pollution Control, Lazarus Government Center, PO Box 1049, Columbus, Ohio 43216-1049 or call Paul Braun at 614-644-3734.

You are hereby notified that this action of the Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director's action. The appeal must be accompanied by a filing fee of $70.00, made payable to "Treasurer, State of Ohio," which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the Director within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney General's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission
30 East Broad St., 4th Floor
Columbus, Ohio 43215