Ohio § 3704.037

§ 3704.037.

(A) The director of environmental protection shall formulate and implement a tiered permitting

system for air contaminant sources that categorizes, prioritizes, and expedites review

of, and final action on, applications for installation permits and operating permits

issued pursuant to divisions (F) and (G) of section 3704.03 of the Revised Code , respectively.  The tiered permitting system shall include at least exemptions, registration status,

permits-by-rule, and general permits.  The director may issue general permits to install and permits to operate, and permits-by-rule,

containing terms and conditions that apply to types of air contaminant sources specified

by the director that have sufficiently similar characteristics to warrant substantially

identical installation permits and operating permits. (B) Any person may petition the director to exempt a certain source category from obtaining

an installation permit or operating permit pursuant to division (F) or (G) of section 3704.03 of the Revised Code , respectively, or both.  The petition shall contain all of the technical support necessary to justify the

exemption, including the estimated emissions levels, the impact on air quality including

the impact of any hazardous or toxic emission, and the effect that granting the exemption

would have on ambient air quality standards.  Sources regulated by the United States environmental protection agency under the

new source performance standards or the hazardous air pollutant standards established

pursuant to the federal Clean Air Act are not eligible for exemption through petition. Not later than one hundred eighty days after receiving a petition, the director shall

notify the petitioner in writing if the petition has been accepted or rejected and,

if rejected, the basis of the rejection.  At least once every two years, the director shall propose rules containing the exemptions

that have been accepted through the petition process.