reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-25 - Nonattainment provisions - location of offsetting emissions

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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
(A) Applicability.
This rule applies to any major stationary source or major
				modification that is to be constructed in an area designated in
				40 CFR
				81.336 as nonattainment for an air pollutant
				for which the major stationary source or major modification is major.
(B) All regulated NSR pollutants
			 as defined under rule
			 3745-31-01 of the Administrative
			 Code.
The owner or operator shall obtain creditable emission
				reductions of any regulated NSR pollutant from the same source or other sources
				in the same nonattainment area, except that the director may allow the owner or
				operator of a major stationary source to obtain such emission reductions in
				another nonattainment area if the following requirements are met:
(1) The other nonattainment area has an equal
			 or higher nonattainment classification, provided that the higher offset ratio
			 is utilized, than the nonattainment area in which the major stationary source
			 is located, and;
(2) Emissions from
			 such other nonattainment area contribute to a violation of the national ambient
			 air quality standard in the nonattainment area in which the major stationary
			 source is located.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-26 - Nonattainment provisions - offset ratio requirements

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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
(A) In meeting the emissions offset in rules
			 3745-31-21 to
			 3745-31-27 of the Administrative
			 Code, the following shall occur:
(1) The ratio
			 of total actual emissions reductions to the emissions increase shall be at
			 least 1.0 to
			 1.0 unless an alternative ratio
			 is provided for the applicable nonattainment area in paragraphs (C) and (D) of
			 this rule.
(2) The emissions
			 offsets obtained shall be for the same regulated NSR pollutant except for
			 interprecursor offsetting permitted under paragraph (D) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-28 - Review of major stationary sources of hazardous air pollutants requiring MACT determinations

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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
(A) Applicability.
Except as provided in paragraph (C) of this rule, the
				requirements of this rule apply to the construction or reconstruction of a
				major MACT source.
(B)
			 Requirements.
On or after June 29, 1998, no person may cause, permit, or
				allow the beginning of actual construction or reconstruction of any process or
				production unit that is a major MACT source without first applying for and
				obtaining a MACT determination from the director unless specifically exempted
				under paragraph (C) of this rule.
(C) Exemptions.
The following major MACT sources are exempt from the
				requirements of this rule:
(1) Any
			 major MACT source that has been specifically regulated or exempted from
			 regulation under a federal standard issued pursuant to Section 112(d) or
			 Section 112(h) of the Clean Air Act and incorporated in a subpart of 40 CFR
			 Part 63, or under a determination issued pursuant to Section 112(j) of the
			 Clean Air Act.
(2) Any major MACT
			 source that has received a final permit-to-install before June 29,
			 1998.
(3) Any major MACT source
			 that is an electric utility steam generating unit, unless and until such time
			 as these units are added to the source category list pursuant to Section
			 112(c)(5) of the Clean Air Act.
(4)
			 Any major MACT source that is within a source category which has been deleted
			 from the source category list pursuant to Section 112(c)(9) of the Clean Air
			 Act.
(5) Any major MACT source that
			 is a research and development activity.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-29 - General permit-to-install and general PTIO

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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
(A) Development of model general permits.
The director may develop a model general permit for any
				category of air contaminant sources, or specific portions of any category of
				air contaminant sources, subject to the following conditions:
(1) A model general permit shall apply to the
			 following:
(a) Processes producing the same or
			 similar products.
(b) Processes
			 emitting the same or similar air contaminants.
(c) Methods for capturing and controlling the
			 air contaminants that are the same or limited to a small number of specific
			 alternatives.
(d) Processes that
			 are subject to the same emission limitations, monitoring requirements, federal
			 standards, or state rules.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-32 - Plantwide applicability limit (PAL)

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 (AA) of rule
				3745-31-01 of the Administrative
				Code entitled, "referenced materials."]
Actuals PAL requirements.
All PALs issued under this rule shall meet all applicable
				provisions in this rule.
(A)
			 Applicability.
(1) The director may approve
			 the use of an actuals PAL for any existing major stationary source (except as
			 provided in paragraph (A)(2) of this rule) if the PAL meets the requirements in
			 this rule. The term PAL 
									means actuals PAL throughout this rule.
(2) The director shall not allow an actuals
			 PAL for VOC or nitrogen oxides for any major stationary source located in an
			 extreme ozone nonattainment area.
(3) Any physical change in or change in the
			 method of operation of a major stationary source that maintains its total
			 source-wide emissions below the PAL level, meets the requirements in this rule,
			 and complies with the PAL permit:
(a) Is not a
			 major modification for the PAL pollutant.
(b) Does not have to be approved through the
			 nonattainment or PSD program.
(c)
			 Is not subject to the provisions in paragraph (D)(5) of rule
			 3745-31-05 of the Administrative
			 Code (restrictions on relaxing enforceable emission limitations that the major
			 stationary source used to avoid applicability of the nonattainment or PSD
			 program).
(4)
									
									A major stationary source shall
			 continue to comply with all applicable federal or state requirements, emission
			 limitations, and work practice requirements that were established prior to the
			 effective date of the PAL except for the
			 following:
(a)
										Emission
			 limitations described in paragraph (A)(3)(c) of this rule.
(b)
										Best available
			 technology requirements specified in paragraph (A)(3) of rule
			 3745-31-05 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-31 - Permit-to-Install New Sources and Permit-to-Install and Operate Program › Section 3745-31-33 - Site preparation activities prior to obtaining a final permit-to-install or PTIO

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Under paragraph (A)(1) of rule
			 3745-31-02
			 of the Administrative Code, new air contaminant sources or modified air
			 contaminant sources shall not be installed or modified until a final
			 permit-to-install or PTIO is obtained from the director. This rule describes
			 activities that can be undertaken prior to obtaining a final permit-to-install
			 or PTIO and, are therefore, excluded from the definition of begin actual
			 construction.
[Comment: Some activities described in this rule may not begin
				until any applicable national pollutant discharge elimination system (NPDES)
				permit, isolated wetland permit or 401 water quality certification is obtained.
				Notwithstanding any other provision of this rule, compliance with this chapter
				does not relieve any person from the requirements of Chapter 3734. or 3714. of
				the Revised Code and rules adopted thereunder.]
(B) Risk to the owner or operator.
(1) This rule does
			 not in any way guarantee that a final permit-to-install or PTIO will be issued.
(2) The implementation of any of
			 the activities described in this rule are at the entire risk of the owner or
			 operator.
(3) If a final
			 permit-to-install or PTIO is issued, any necessary design changes, and the
			 costs associated with those design changes (including costs due to delayed
			 construction) in order to comply with the terms of the final permit-to-install
			 or PTIO are entirely at the owner or operator's risk. Any costs associated with
			 these design changes may not be used as part of any BAT, BACT, LAER or MACT
			 determination cost-effectiveness evaluations.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-32 - Section 401 Water Quality Certifications › Section 3745-32-01 - Definitions

All regulations passed and filed through January 1,
			 2024
In addition to the definitions in rules 3745-1-02,
				3745-1-05 and
				3745-1-50 of the Administrative
				Code, the following definitions apply to this chapter.
(A)
(1)
			 "401 certification" means a Section 401 water quality certification from Ohio
			 EPA, pursuant to section 401 of the act, Chapter 6111. of the Revised Code and
			 this chapter, that any discharge, as set forth in section 401,
			 will
			 comply with sections 301, 302, 303, 306 and 307 of the act.
(2)
			 "Act" means the Federal Water Pollution Control Act  (commonly referred
			 to as the Clean Water Act).
(3) "Applicant" means
			 any person who submits an application to obtain a 401
			 certification from the Ohio EPA.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-32 - Section 401 Water Quality Certifications › Section 3745-32-02 - Applicability

All regulations passed and filed through January 1,
			 2024
[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 rule
				3745-32-01 of the Administrative
				Code.]
(A) Any applicant for a federal
			 license or permit to conduct any activity which may result in a discharge
			  to a water of
			 the state shall apply for and obtain a 401 certification from Ohio EPAincluding:
(1)
									A permit from the
			 army corps of engineers pursuant to section 10 of the Rivers and Harbors
			 Act.
(2)
									A permit from the army corps of engineers pursuant to
			 section 404 of the Federal Water Pollution Control Act.
(3)
									A permit from the
			 army corps of engineers pursuant to both section 10 of the Rivers and Harbors
			 Act and section 404 of the Federal Water Pollution Control Act.
(4)
									Any other federal
			 permit or license to conduct any activity which may result in a discharge to a
			 water of the state.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-32 - Section 401 Water Quality Certifications › Section 3745-32-03 - Section 401 water quality certification application requirements and procedures

All regulations passed and filed through
			 January 1, 2024
[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 rule
				3745-32-01 of the Administrative
				Code.]
(A) The filing of an
			 application for a federal permit or license for which a 401 certification is
			 required does not constitute an application for a 401 certification with the
			 state of Ohio.
(1) The director may waive the
			 application requirement if, in the judgment of the director, the activity for
			 which a federal permit or license is sought will not result in a discharge to
			 the waters of the state.
(2) If the
			 federal permit sought is a nationwide permit, a regional permit, or a letter of
			 permission issued by the corps and Ohio EPA has issued a certification for the
			 federal permit, no further 401 certification
			 application is necessary provided
			 that the project meets all of the terms and conditions for coverage under the
			 certification or the director has authorized the project to proceed under the
			 terms of the general certification based on a case specific determination of
			 the environmental impacts of the project.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
Except as otherwise provided in this
				rule, the definitions in sections
				6111.01 and
				6111.13 of the Revised Code
				shall have the same meaning in this chapter as in those sections.
(A)
(1) "Act" means
			 Federal Water Pollution Control Act (commonly referred to as the Clean Water
			 Act)
			 33 U.S.C. sections
			 1251 to
			 1387
			 as amended through July 1, 2017.
(2) "Administrator"
			 means the administrator of the United States environmental protection
			 agency.
(3) "Applicable water quality standards" means all
			 water quality standards that apply under Chapter 3745-1 of the Administrative
			 Code and under federal regulations to the waters of the state, except as defined in rule
			 3745-33-07
			 of the Administrative Code.
(4) "Applicable
			 effluent guideline" means a treatment-technology performance standard,
			 prohibition or other performance standard
			 promulgated by U.S. EPA under section 301, 306, or 307 of the
			 act.
(5) "Applicable effluent standards and limitations"
			 means all state and federal effluent standards and limitations to which a discharge is subject
			 under the act, including but not limited
			 to, effluent limitations, standards of performance, toxic effluent standards
			 and prohibitions and pretreatment
			 standards.
(6) "Applicant" means any person who
			 applies
			 for an Ohio NPDES permit.
(7) "Application"
			 means the form used to apply for an Ohio NPDES permit.
(8)
			 "Area of initial mixing" or "AIM" means the limited zone where
			 discharge-induced mixing causes the effluent to mix rapidly with the receiving
			 water such that the area may not be physically inhabitable by aquatic life. The
			 inside mixing zone maximum criteria may be exceeded within the AIM, but must be met on the perimeter of the
			 AIM.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-02 - Ohio NPDES permit required

Current through all regulations
			 passed and filed through July 1, 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A) No person
			 may discharge any pollutant or cause, permit or allow a discharge of any pollutant without
			 applying for and obtaining an Ohio NPDES permit in accordance with the
			 requirements of this chapter. Any person who holds a federal NPDES permit
			 issued under Section 402 (a) of the act is not required to obtain an Ohio NPDES
			 permit until the
			 permit's expiration date. The director shall administer and enforce
			 permits issued under Section 402 (a) of the act within this state, and may
			 modify the terms and conditions thereof, in accordance with division (J) of
			 section 6111.03 of the Revised Code.
			 This includes discharging land application systems as defined in rule
			 3745-42-13
			 of the Administrative Code.
(B)
			 Each point source shall be authorized by an Ohio NPDES permit.
								 This
			 chapter shall be administered in a manner no less stringent than the act and
			 regulations adopted or subsequently amended by the administrator including 40
			 C.F.R. 122 to 125, 129 to 133, 136, 400 to 471, 501 and 503. The director may
			 issue a single permit covering more than one point source, but authorized
			 discharge levels, monitoring requirements
			 and other appropriate requirements shall be specified for each point source.
(C) No Ohio NPDES permit shall be
			 required for any discharge exempted from the NPDES permit system by
			 the act or mandatory regulations adopted
			 thereunder, unless required by section
			 6111.03 of the Revised
			 Code.
(D) Ohio NPDES permits are required for
			 sludge disposal facilities subject to Chapter 3745-40 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-03 - Applications

Current through all regulations passed and filed through July 1,
			 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A) Applications
			 for Ohio NPDES permits shall be filed only on forms approved by Ohio EPA and
			 shall contain such information as Ohio EPA deems necessary. These forms may be
			 electronic. As a minimum, these applications shall contain any NPDES
			 application information required by regulations adopted by the administrator,
			 including 40 C.F.R. 122 to 125, 129 to 133, 136, 400 to 471, 501 and 503.
(B) Any person proposing to
			 commence the discharge of pollutants shall submit an
			 application, including all data required by the
			 application form, at least one hundred eighty days prior to commencement
			 of the discharge. If a permit renewal application is submitted at least one
			 hundred eighty days prior to the expiration date of the existing permit, and
			 the director does not issue a new permit before the expiration date, the
			 conditions of the expired permit shall continue in force until the director
			 acts on the permit application.
(C)
			 Application requirements for materials added to wastewater.
(1) The applicant shall attach to the
			 application a list of treatment additives
			 proposed
									 to be discharged
			 including, but not limited to, maintenance chemicals and chemicals used to aid
			 in the treatment of the wastewater.
(2) If these treatment additives proposed have not been approved in
			 a permit to install issued under Chapter 3745-42 of the Administrative Code
			 ,
			 director's final findings and orders, or NPDES permit
			 issuance, the applicant shall also submit an
			 application to discharge the treatment additives in accordance with paragraph
			 (G) of this rule..
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-04 - Permit actions

Current through all regulations passed and
			 filed through July 1, 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A) Criteria for
			 issuing Ohio NPDES permits.
(1) The director
			 shall issue an Ohio NPDES permit for the discharge if, on the basis of all
			 information available to Ohio EPA, the director determines
			 all of the
			 following:
(a) The authorized discharge
			 levels specified in paragraphs (A), (B), (C), and (D) of rule
			 3745-33-05
			 of the Administrative Code will not be exceeded by the applicant.
(b) An application form completed in
			 accordance with rule
			 3745-33-03 of the
			 Administrative Code and any supplemental information requested by the director
			 have been submitted.
(c)
			 Adequate provisions for monitoring to obtain required pollutant discharge
			 information have been made.
(d) If
			 required by Ohio EPA, performance tests, conducted at the applicant's expense
			 after the application was filed and in accordance with methods prescribed by
			 Ohio EPA, demonstrate that the discharge is in compliance with the authorized
			 discharge levels.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-05 - Authorized discharge levels

Current through all regulations
			 passed and filed through July 1, 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A) Final
			 limitations.
(1) Except as provided by
			 paragraph (G) of this rule, for each point source from which pollutants are
			 discharged, the director shall determine and specify in the permit
			 limits on the  levels of pollutants that may be discharged
			 to ensure compliance with all of the following:
(a) Applicable water quality standards
										as determined by rule
			 3745-33-07
			 of the Administrative Code.
(b) Applicable effluent limitations
			 adopted by the administrator pursuant to sections 301,
			 302, 306 or 307 of the act.
(c)
										Applicable limits determined to be necessary by the
			 director under rule
			 3745-1-05 of the
			 Administrative Code.
(d) Any more stringent requirements necessary
			 to comply with a plan for area-wide waste treatment management, approved
			 pursuant to section 208(b) of the act.
(e) Any more stringent limitations required
			 to comply with any other state or federal law or regulation.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-06 - Treatment and disposal standards and permit limits

Current through
			 all regulations passed and filed through July 1, 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A) The
			 director shall include in Ohio NPDES permits the treatment and disposal
			 standards and effluent limitations for discharges described in paragraph (C) of
			 this rule. Effluent limitations for these discharges will be based on the
			 requirements of this rule, or any more stringent waterquality-based limitations required by rule
			 3745-33-07
			 of the Administrative Code. The effluent limitations under this rule apply at
			 the last point where the discharge from the applicable treatment system can be
			 monitored, prior to both of the following:
(1) The discharge entering waters of the
			 state.
(2)
			 Dilution of the discharge by other wastewaters.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-07 - Establishing water quality-based permit conditions

Current through
			 all regulations passed and filed through July 1, 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A)
								Establishing final permit conditions for parameters
			 other than whole effluent toxicity. Final effluent limitations and monitoring
			 requirements shall be established in an NPDES permit in accordance with this
			 rule. The director may impose additional terms and conditions as part of an
			 NPDES permit as are appropriate or necessary to ensure compliance with the
			 applicable laws and to ensure adequate protection of water quality.
(1)
									Final effluent
			 limitations shall be required for pollutants that meet any of the following
			 conditions:
(a)
										Pollutants assigned to group five of the pollutant
			 assessment under rule
			 3745-2-06
			 of the Administrative Code, except as provided in paragraph (A)(5) of this
			 rule.
(b)
										Pollutants determined to have reasonable potential
			 during a treatment plant design review.
(c)
										Pollutants
			 determined by the director to need limits due to an antidegradation
			 review.
(d)
										Other pollutant parameters determined by the director
			 to have the reasonable potential to cause or contribute to an excursion above
			 water quality standards.
(e)
										Pollutants that have wasteload allocations (WLAs) more
			 restrictive than effluent limitations established under sections 301, 306 and
			 307 of the act.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-09 - Best management practices

Current through all regulations
			 passed and filed through July 1, 2024
[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 rule
				3745-33-01 of the
				Administrative Code.]
(A)
								Best management practices (BMPs) may be included in
			 NPDES permits according to the requirements of
			 40
			 C.F.R.
			 122.44(k).
(B)
								Pollutant
			 minimization programs. When pollutant minimization programs are required under
			 Chapter 3745-1, 3745-2, or 3745-33 of the Administrative Code, the pollutant
			 minimization program shall be developed in accordance with this rule.
(1)
									The pollutant
			 minimization program shall examine all potential sources of the pollutant with
			 the goal of maintaining the effluent at or below the water quality-based
			 effluent limit (WQBEL). The pollutant minimization program shall include, but
			 is not limited to, all of the following:
(a)
										Submission of a
			 control strategy designed to proceed toward the goal.
(b)
										Implementation of
			 appropriate cost-effective control measures, consistent with the control
			 strategy.
(c)
										Monitoring necessary to measure the progress toward the
			 goal, including at least quarterly monitoring for the pollutant in the influent
			 to the wastewater treatment facility and semi-annual monitoring of potential
			 sources of the pollutant.
(d)
										An annual status report that shall be sent to Ohio EPA
			 including the following information. The report shall be submitted before March
			 first of the following year, or, for discharges with approved pretreatment
			 programs under Chapter 3745-3 of the Administrative Code, all of the following
			 information shall be submitted with annual reports required under that
			 chapter:
(i)
											All minimization program monitoring results for the previous
			 year.
(ii)
											A list of potential sources of the
			 pollutant.
(iii)
											A summary of all actions taken to meet the WQBEL for
			 the pollutant.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-33 - Ohio NPDES Individual Permits › Section 3745-33-10 - Applicability of rules of procedure

Current through all regulations
			 passed and filed through July 1, 2024
Ohio NPDES permit applications shall be acted upon and
				challenged in accordance with provisions of Chapters 3745. and 119. of the
				Revised Code and Chapters 3745-47 and
				3745-49 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-01 - Underground injection control definitions

Current through all
			 regulations passed and filed through July 1, 2024
(A)
(1) "Abandoned well"
			 means a well whose use has been permanently discontinued or that is in a state
			 of disrepair such that it cannot be used for its intended purpose or for
			 observation purposes.
(2) "Application"
			 means the Ohio EPA standard forms for applying for a permit, including any
			 additions, revisions or modifications to the forms; or forms approved by Ohio
			 EPA, including any approved modifications or revisions. For a Class I hazardous
			 waste facility, application also includes the information already required by
			 the 
									director under section
			 3734.05 of the Revised
			 Code.
(3) "Appropriate act and regulations" means the Solid
			 Waste Disposal Act, as amended by the Resource Conservation and Recovery Act
			 (RCRA) or Safe Drinking Water Act (SDWA), whichever is applicable; Chapter
			 3734. of the Revised Code and sections
			 6111.043 and
			 6111.044 of the Revised Code and
			 all rules promulgated thereunder.
(4) "Aquifer"
			 means a geologic formation, group of formations, or part of a formation that is
			 capable of yielding a significant amount of water to a well or
			 spring.
(5) "Area of review" means the area surrounding an
			 injection well described according to the criteria set forth in rule
			 3745-34-32 of the
			 Administrative Code, or in the case of an area permit, the project area plus a
			 circumscribing area of a width that is either one-quarter of a mile or a number
			 calculated according to the criteria set forth in rule
			 3745-34-32 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-02 - Considerations under federal law

Current through all regulations
			 passed and filed through July 1, 2024
Permits shall be issued in a manner and shall contain
				conditions consistent with requirements of applicable federal laws. These laws
				may include:
(A) The Wild and Scenic
			 Rivers Act,
			 16 U.S.C.
			 1273 et seq.
(B) The National Historic Preservation Act of
			 1966,
			 16 U.S.C.
			 470 et seq.
(C) The Endangered Species Act,
			 16
			 U.S.C. 1531 et seq.
(D) The Coastal Zone Management Act,
			 16 U.S.C.
			 1451 et seq.
(E) The Fish and Wildlife Coordination Act,
			 16 U.S.C.
			 661 et seq.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-03 - Confidentiality of information

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								Any record,
			 report, or other information obtained by the Ohio environmental protection
			 agency shall be made available to the public unless making such record, report,
			 or other information, or particular part thereof, would divulge methods or
			 process entitled to protection as trade secrets in accordance with this
			 rule.
(B)
								Information submitted to Ohio EPA pursuant to these
			 regulations may be claimed as a trade secret by the submitter. Any such claim
			 shall be asserted at the time of submission in the manner prescribed on the
			 application form or instructions or, in the case of other submissions, by
			 stamping the words "confidential business information" or "trade secret" on
			 each page containing such information. If no claim is made at the time of
			 submission, or if a claim is made in a manner inconsistent with rule
			 3745-49-03 of the
			 Administrative Code, Ohio EPA may make the information available to the public
			 without further notice. If a claim is properly asserted, the information will
			 be treated in accordance with rule
			 3745-49-03 of the
			 Administrative Code.
(C)
								Ohio EPA considers the information below public under
			 all circumstances:
(1)
									The name and address of any permit applicant or
			 permittee.
(2)
									Information which deals with the existence, absence, or
			 level of contaminants in drinking water.
Replaces: 3745-34-03
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-04 - Classification of wells

Current through all regulations passed and
			 filed through July 1, 2024
Injection wells are classified as follows:
(A) Class I.
(1) Wells used by generators of hazardous
			 waste or owners or operators of hazardous waste management facilities to inject
			 hazardous waste beneath the lowermost formation containing an underground
			 source of drinking water (USDW) within one
			 -quarter mile of the well bore.
(2) Other industrial and municipal disposal
			 wells that inject fluids beneath the lowermost formation containing
			  a USDW within one 
			 -quarter mile of the well bore.
(3) Radioactive waste disposal wells that
			 inject fluids below the lowermost formation containing
			  a USDW within one 
			 -quarter mile of the well bore.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-05 - Identification of underground sources of drinking water

Current
			 through all regulations passed and filed through July 1,
			 2024
The director may identify (by narrative description,
				illustrations, maps, or other means) and shall protect, as an underground
				source of drinking water, all aquifers or parts of aquifers which meet the
				definition of an underground source of drinking water in rule
				3745-34-01
				of the Administrative Code. Even if an aquifer has not been specifically
				identified by the director, it is an underground source of drinking water if it
				meets the definition in rule
				3745-34-01
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-06 - Prohibition of unauthorized injection

Current through all
			 regulations passed and filed through July 1, 2024
Any underground injection, except as authorized by permit or
				rule issued under this chapter is prohibited. The construction of any well
				required to have a permit is prohibited until the permit has been issued.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-07 - Prohibition of movement of fluid into underground sources of drinking water

Current through all regulations passed and filed through July 1,
			 2024
(A) No owner or
			 operator shall construct, operate, maintain, convert, plug, abandon, or conduct
			 any other injection activity in a manner that allows the movement of fluid
			 containing any contaminant into an underground source of drinking water, if the
			 presence of that contaminant may cause an exceedance in the underground source
			 of drinking water of any primary drinking water standard established under
			 Chapter 3745-81 of the Administrative Code or may otherwise adversely affect
			 the health of persons. The applicant for a permit shall have the burden of
			 showing that the requirements of this paragraph are met.
(B) Injection into a Class V well shall not
			 cause the migration of contaminants in a manner or at concentrations that cause
			 an exceedance of water quality standards as established in Chapter 3745-01 of
			 the Administrative Code.
(C) For
			 class I wells, if any water quality monitoring of an underground source of
			 drinking water indicates the movement of any contaminant into the underground
			 source of drinking water, except as authorized under this chapter, the director
			 shall prescribe such additional requirements for construction, corrective
			 action, operation, monitoring, or reporting (including closure of the injection
			 well) as are necessary to prevent such movement. These additional requirements
			 shall be imposed by modifying the permit in accordance with rule
			 3745-34-23
			 of the Administrative Code or the permit may be terminated under rule
			 3745-34-24
			 of the Administrative Code if cause exists, or appropriate enforcement action
			 may be taken if the permit has been violated.
(D) For class V wells, if at any time the
			 director learns that a class V well may cause an exceedance of any primary
			 drinking water standard established under Chapter 3745-81 of the Administrative
			 Code or cause an adverse ecological impact per paragraph (B) of this rule, the
			 director shall:
(1) Require the injector to
			 obtain an individual permit;
(2)
			 Order the injector to take such actions (including where required closure of
			 the injection well) as may be necessary to prevent or correct the violation; or
(3) Take enforcement action.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-08 - Prohibition of class IV wells

Current through all regulations passed
			 and filed through July 1, 2024
(A) The construction, operation or
			 maintenance of any class IV well, as classified under rule
			 3745-34-04
			 of the Administrative Code is prohibited, except as provided in paragraph (C)
			 of this rule.
(B) The owner or
			 operator of a class IV well shall comply with the closure and post-closure
			 requirements of paragraph (B) of rule
			 3745-34-09
			 of the Administrative Code. All class IV wells shall be closed in compliance
			 with rule
			 3745-34-07
			 of the Administrative Code. Any soil, gravel, sludge, liquids, or other
			 materials removed from or adjacent to the well being closed shall be disposed
			 of or managed in accordance with all applicable federal, state or local
			 regulations and requirements.
(1) The owner
			 or operator of a class IV well shall notify the director of the intent to close
			 the class IV well at least thirty days prior to commencing closure of the well.
			 The intent to close notification shall include the submission of a plan for
			 closing the well per the requirements of this paragraph. The submitted plan
			 shall be approved by the director prior to implementation and shall be followed
			 during closure of the well. This plan shall include the
			 following:
(a) A copy of the
			 information required in paragraph (L) of rule
			 3745-34-11 of the
			 Administrative Code  .
(b)
			 Procedures for the removal of any solids and sludge from the class IV well
			 being closed 
										.
(c)
			 Procedures for plugging the class IV well. This procedure shall be consistent
			 with paragraph (A) of rule
			 3745-34-07
			 of the Administrative Code and all other applicable federal, state or local
			 regulations and requirements 
										.
(d)
			 Any other information deemed necessary by the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-09 - Requirements for wells injecting hazardous waste

Current through
			 all regulations passed and filed through July 1, 2024
(A) Applicability. The requirements in this
			 rule apply to all generators of hazardous waste, and to the owners or operators
			 of all hazardous waste management facilities, using any class of well to inject
			 hazardous wastes (see also rule
			 3745-34-08
			 of the Administrative Code).
(B)
			 Requirements. In addition to complying with the applicable requirements of this
			 chapter, the owner or operator of each facility meeting the requirements of
			 paragraph (A) of this rule shall comply with the following:
(1) Notification. The owner or operator shall
			 comply with the notification requirements of paragraph (C) of rule
			 3745-50-40
			 of the Administrative Code.
(2)
			 Identification number. The owner or operator shall comply with the
			 identification number requirements of rule
			 3745-54-11
			 of the Administrative Code.
(3)
			 Manifest system. The owner or operator shall comply with the applicable
			 recordkeeping and reporting requirements for manifested wastes in rule
			 3745-54-71
			 of the Administrative Code.
(4)
			 Manifest discrepancies. The owner or operator shall comply with discrepancy
			 requirements in rule
			 3745-54-72
			 of the Administrative Code.
(5)
			 Operating record. The owner or operator shall comply with record requirements
			 in paragraphs (A), (B)(1), and (B)(2) of rule
			 3745-54-73 of
			 the Administrative Code.
(6) Annual
			 report. The owner or operator shall comply with report requirements in rule
			 3745-54-75 of the
			 Administrative Code.
(7)
			 Unmanifested waste report. The owner or operator shall comply with report
			 requirements in rule
			 3745-54-76
			 of the Administrative Code.
(8)
			 Personnel training. The owner or operator shall comply with the applicable
			 personnel training requirements of rule
			 3745-54-16 of
			 the Administrative Code.
(9)
			 Financial responsibility. The owner or operator shall comply with the financial
			 responsibility requirements of rules
			 3745-55-42
			 to
			 3745-55-51
			 or rules
			 3745-66-42
			 to
			 3745-66-48
			 of the Administrative Code.
(10)
			 Closure. The owner or operator shall comply with closure requirements of rules
			  3745-66-11 to 3745-66-15 or
			 rules
			 3745-55-11
			 to
			 3745-55-15
			 of the Administrative Code.
(11)
			 Post-closure. The owner or operator shall comply with post-closure requirements
			 of rules  3745-66-17 to
			 3745-66-20 or rules
			 3745-55-17
			 to
			 3745-55-20
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-10 - Waiver of requirement by director

Current through all
			 regulations passed and filed through July 1, 2024
(A) When injection does not occur into,
			 through or above an underground source of drinking water, the director may
			 authorize a well or project with less stringent requirements for area of
			 review, construction, mechanical integrity, operation, monitoring, and
			 reporting than required in this chapter or rule
			 3745-34-27
			 of the Administrative Code to the extent that the reduction in requirements
			 will not result in an increased risk of movement of fluids into an underground
			 source of drinking water.
(B) When
			 injection occurs through or above an underground source of drinking water, but
			 the radius of endangering influence when computed under paragraph (A) of rule
			 3745-34-32 of the
			 Administrative Code is smaller or equal to the radius of the well, the director
			 may authorize a well or project with less stringent requirements for operation,
			 monitoring, and reporting than required in this chapter or rule
			 3745-34-27
			 of the Administrative Code to the extent that the reduction in requirements
			 will not result in an increased risk of movement of fluids into an underground
			 source of drinking water.
(C) When
			 reducing requirements under paragraph (A) or (B)
			 of this rule, the director shall prepare a fact sheet under rule
			 
								3745-49-09 of the Administrative Code explaining the
			 reasons for the action. Such fact sheet shall include, but not be limited to,
			 an explanation for the following criteria:
(1) Impact on the zone of endangering
			 influence.
(2)
			 Nature and volume of injection fluid.
(3)
			 Nature of native fluids or by-products of injection.
(4) Potentially affected population.
(5) Geology.
(6) Hydrology.
(7) History of the injection operation.
(8) Completion and plugging records.
(9) Abandonment procedures in effect at the
			 time the well was abandoned.
(10)
			 Hydraulic connections with underground sources of drinking water.
(11) Surface waste handling operations.
(12) Mechanical integrity test results.
(13) Demonstration that operating,
			 monitoring, or reporting requirements can be reduced with no adverse health or
			 environmental impact.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-11 - Class V wells

Current through all regulations passed and
			 filed through July 1, 2024
(A) No person shall inject sanitary waste,
			 sewage, industrial wastes or other wastes, into or above a USDW without first
			 obtaining a UIC permit to drill and a permit to operate in accordance with rule
			 3745-34-12
			 of the Administrative Code. Examples of industrial waste include, but are not
			 limited to, the following:
(1) Hair salon
			 chemicals;
(2) Surgical or medical
			 wastes;
(3) Chemicals or
			 insecticides used for flea dips;
(4) Wastewater resulting from the treatment
			 of drinking water
									unless authorized without a permit in accordance with
			 paragraph (E) of this rule;
(5) Contact cooling water;
(6) Fluids and blood from embalming
			 processes; and
(7) Animal wastes
			 from slaughter houses or food processing operations.