(A) The facility permit shall specify the
concentration limits in the ground water for hazardous constituents established
under rule
3745-54-93 of the Administrative
Code. The concentration of a hazardous constituent
shall meet one or more of the following:
(1) Shall not exceed the background level of
that constituent in the ground water at the time that limit is specified in the
permit
.
;
or
(2) For any of the
constituents listed in the table in this rule, the concentration of the
constituent shall not exceed the respective value given in the table in this
rule if the background level of the constituent is below the value given in the
table in this rule
.
; or
(3)
Shall not exceed an alternate limit established in the permit under paragraph
(B) of this rule.
(B)
If approved by the
The director
,
will establish an alternate concentration limit
may be established for a hazardous
constituent if
it is found
the director finds that the constituent
shall
will
not pose a substantial present or potential hazard to human health or the
environment as long as the alternate concentration limit is not exceeded.
The
In establishing
alternate concentration limits, the director shall consider the following
factors
when making a determination on the alternate
concentration limit:
(1) Potential
adverse effects on ground water quality, considering
the following:
(a)
The physical and chemical characteristics of the waste in the regulated unit,
including the
waste's potential for
migration
.
;
(b) The
hydrogeological characteristics of the facility and surrounding land
.
;
(c) The quantity of ground water and the
direction of ground water flow
.
;
(d) The
proximity and withdrawal rates of ground water users
.
;
(e) The current and future use of ground
water in the area
.
;
(f) The
existing quality of ground water, including other sources of contamination and
the cumulative impact
of such contamination on
the ground water quality
.
;
(g) The
potential for health risks caused by human exposure to waste
constituents
.
;
(h) The
potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents
.
;
(i) The
persistence and permanence of the potential adverse effects
.
; and
(2) Potential adverse effects on
hydraulically-connected surface water quality, considering
the following:
(a) The volume and physical and chemical
characteristics of the waste in the regulated unit
.
;
(b) The hydrogeological characteristics of
the facility and surrounding land
.
;
(c) The
quantity and quality of ground water, and the direction of ground water
flow
.
;
(d) The
patterns of rainfall in the region
.
;
(e) The
proximity of the regulated unit to surface waters
.
;
(f) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters
.
;
(g) The
existing quality of surface water, including other sources of contamination and
the cumulative impact
of such contamination on
surface water quality
.
;
(h) The
potential for health risks caused by human exposure to waste
constituents
.
;
(i) The
potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents
.
; and
(j)
The persistence and permanence of the potential adverse effects.
(C)
In making any decision under paragraph (B) of this rule
about the use of ground water in the area around the facility, the director
will consider any identification of underground sources of drinking water and
exempted aquifers made under
40 CFR
144.8.
Table: Maximum Concentration of Constituents for Ground Water
Protection
|
Constituent
|
Maximum Contaminant Concentration (milligrams per
liter)
|
|
Antimony
|
0.006
|
|
Arsenic
|
0.010
|
|
Barium
|
2.0
|
|
Benzene
|
0.005
|
|
Benzo(a)pyrene (PAHs)
|
0.0002
|
|
Beryllium
|
0.004
|
|
Bis(2ethylhexyl)pthalate
|
0.006
|
|
Cadmium
|
0.005
|
|
Carbofuran
|
0.04
|
|
Carbon tetrachloride
|
0.005
|
|
Chlordane
|
0.002
|
|
Chlorobenzene
|
0.1
|
|
Chromium (total)
|
0.1
|
|
Copper
|
1.3 *
|
|
Cyanide (as free cyanide)
|
0.2
|
|
2,4-D
|
0.07
|
|
1,2-Dibromo-3-chloropropane (DBCP)
|
0.0002
|
|
o-Dichlorobenzene
|
0.6
|
|
p-Dichlorobenzene
|
0.075
|
|
1,2-Dichloroethane
|
0.005
|
|
1,1-Dichloroethylene
|
0.007
|
|
cis-1,2-Dichloroethylene
|
0.07
|
|
trans-1,2-Dichloroethylene
|
0.1
|
|
Dichloromethane (Methylene chloride)
|
0.005
|
|
1,2-Dichloropropane (Propylene
dichloride)
|
0.005
|
|
Dinoseb
|
0.007
|
|
Endrin
|
0.002
|
|
Ethylbenzene
|
0.7
|
|
Ethylene dibromide
|
0.00005
|
|
Heptachlor
|
0.0004
|
|
Heptachlor epoxide
|
0.0002
|
|
Hexachlorobenzene
|
0.001
|
|
Hexachlorocyclopentadiene
|
0.05
|
|
Lead
|
0.015 *
|
|
Lindane
|
0.0002
|
|
Mercury (inorganic)
|
0.002
|
|
Methoxychlor
|
0.04
|
|
Pentachlorophenol
|
0.001
|
|
Polychlorinated biphenyls (PCBs)
|
0.0005
|
|
Selenium
|
0.05
|
|
Styrene
|
0.1 *
|
|
Tetrachloroethylene
|
0.005
|
|
Thallium
|
0.002
|
|
Toluene
|
1.0
|
|
Toxaphene
|
0.003
|
|
2,4,5-TP (Silvex)
|
0.05
|
|
1,2,4-Trichlorobenzene
|
0.07
|
|
1,1,1-Trichoroethane (Methyl
chloroform)
|
0.2
|
|
1,1,2-Trichloroethane
|
0.005
|
|
Trichloroethylene
|
0.005
|
|
Vinyl chloride
|
0.002
|
|
Xylene
|
10.0
|
|
* Action level, not a maximum contaminant
limit.
|
[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
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
Notes
Ohio Admin. Code 3745-54-94
Effective:
10/23/2022
Five Year Review (FYR) Dates:
7/20/2022 and
07/20/2027
Promulgated
Under: 119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 08/30/1984, 04/01/1990, 12/07/2004, 03/17/2012,
02/12/2018
