3745-103-14 Acid rain permit appeal procedures.

[Comment: For dates 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) The USEPA may intervene as a matter of right in any administrative appeal of an acid rain permit or denial of an acid rain permit.

(B) No administrative appeal concerning an acid rain requirement shall result in a stay of the following requirements:

(1) The allowance allocations for any year during which the appeal proceeding is pending or is being conducted;

(2) Any standard requirement under rule 3745-103-05 of the Administrative Code;

(3) The emissions monitoring and reporting requirements applicable to the affected units at an affected source under 40 CFR Part 75;

(4) Uncontested provisions of the decision on appeal; and

(5) The terms of a certificate of representation submitted by a designated representative under 40 CFR Part 72, Subpart B.

Effective: 11/10/2011
R.C. 119.032 review dates: 08/24/2011 and 08/24/2016
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 9/10/97, 1/12/07