Ohio Admin. Code 901:10-3-01 - Additional requirements for a NPDES permit application
(A) Concentrated animal feeding operations
must have or seek to obtain coverage under a NPDES permit within the time frame
provided in accordance with
40
C.F.R. 122.23(f) and in
division (J) of section
903.08 of the Revised
Code.
(B) Unless otherwise
indicated, the application for an individual NPDES permit and the NPDES permit
(if issued by the director) shall contain the following information:
(1) The information required in rule
901:10-1-02
of the Administrative Code for NPDES permits.
(2) To the extent required by federal law, a
manure management plan that complies with the requirements of rules
901:10-2-08
to
901:10-2-11,
901:10-2-13
to
901:10-2-16
and rule
901:10-2-18
of the Administrative Code.
(a) Inspections
required in rule
901:10-2-08
of the Administrative Code.
(b)
Information on nutrient budget, manure characterization, soil tests,
distribution and utilization methods for manure (if applicable to the
facility), and land application of manure as required in rules
901:10-2-09
to
901:10-2-14
of the Administrative Code.
(3) An operating record developed in
accordance with rule
901:10-2-16
of the Administrative Code with the use of forms prescribed by the director and
other forms selected by the owner or operator for the facility and approved by
the director. The operating record shall be maintained at the site office at
all times. Upon approval of the NPDES permit, the operating record shall be
deemed part of the NPDES permit.
(4) An emergency response plan containing the
information required in rule
901:10-2-17
of the Administrative Code.
(C) Any person who discharges or proposes to
discharge pollutants and who does not have an effective NPDES permit, except
persons covered by a general NPDES permit, must submit a complete application
to the director in accordance with this rule. The director shall not issue a
NPDES permit before receiving a complete application for a NPDES permit except
NPDES general permits. An application for a NPDES permit is complete when the
director receives an application form and any supplemental information which
are completed to his or her satisfaction. All applicants for NPDES permits must
provide the following information to the director:
(1) The activities conducted by the
applicant, which require it to obtain a NPDES permit;
(2) The following information about the
applicant's facilities:
(a) Information about
the number and type of animals, whether in open confinement or housed under
roof (beef cattle, broilers, layers, chickens other than layers, swine weighing
fifty-five pounds or more, swine weighing less than fifty-five pounds, mature
dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks,
turkeys, other);
(b) The types of
manure storage areas, waste containment areas, and total capacity for manure
storage (tons/gallons);
(c) The
total number of acres under control of the applicant available for land
application of manure;
(d)
Estimated amounts of manure generated per year (tons/gallons);
(e) Estimated amounts of manure transferred
to other persons per year (tons/gallons); and
(f) For operations that must seek coverage
under a permit after December 31, 2006, certification that a nutrient
management plan has been completed and will be implemented upon the date of
permit coverage.
(3) The
name and address of the owner and operator and information required by
paragraph (C)(1) of rule
901:10-2-01
of the Administrative Code;
(4)
Whether the operation is located on Indian lands;
(5) A listing of all permits or construction
approvals received or applied for under any of the following programs:
(a) Hazardous waste management program under
the Resource Conservation and Recovery Act (RCRA);
(b) Underground injection control (UIC)
program under the Safe Drinking Water Act (SDWA);
(c) The "Prevention of Significant
Deterioration" (PSD) program under the Clean Air Act;
(d) Non-attainment program under the Clean
Air Act;
(e) "National Emissions
Standards for Hazardous Pollutants" (NESHAPS) preconstruction approval under
the Clean Air Act;
(f) Dredge or
fill permits under section 404 of the Clean Water Act;
(g) Other relevant environmental permits,
including state permits;
(6) Latitude and longitude of the production
area (entrance to the production area); and
(7) A topographic map of the geographic area
in which the concentrated animal feeding operation is located showing the
specific location of the production area.
(D) Purpose and applicability of the
individual NPDES permit.
Persons that have been issued a NPDES permit by the director are required to comply with the following requirements as determined by the director:
(1) Rule
901:10-3-10
of the Administrative Code;
(3)
Applicable water quality standards adopted under section
6111.041 of the Revised
Code;
(4) National standards of
performance for new sources;
(5)
The antidegradation policy adopted under section
6111.12 of the Revised
Code;
(6) Other applicable
requirements of the act; and,
(7)
The terms of the concentrated animal feeding operation's manure management
plan. For purposes of NPDES permitting, the terms of the manure management plan
are the information, protocols, best management practices, and other conditions
in the manure management plan determined by the director to be necessary to
meet the following requirements:
(a) Ensure
adequate storage of manure, including procedures to ensure proper operation and
maintenance of manure storage or treatment facilities. These requirements
include the operating levels, freeboard, and inspections for manure storage or
treatment facilities established in the manure management plan pursuant to
paragraphs (D)(1) to (D)(3) and (D)(5) to (D)(7) of rule
901:10-2-08
of the Administrative Code;
(b)
Ensure proper management of livestock mortalities as required in paragraph
(A)(4)(m) of rule
901:10-2-08
and rule
901:10-2-15
of the Administrative Code to ensure that there shall be no discharge of
pollutants from mortalities to waters of the state and no disposal in a manure
or storm water storage or treatment facility that is not specifically designed
to treat animal mortalities;
(c)
Ensure that clean water is diverted, as appropriate, from the production area,
in accordance with paragraph (D)(8) of rule
901:10-2-08
of the Administrative Code;
(d)
Prohibit direct contact of confined animals with waters of the state as
required in paragraph (A) of rule
901:10-2-08
of the Administrative Code;
(e)
Ensure that chemicals and other contaminants handled on-site are not disposed
of in any manure or storm water storage or treatment facility that is not
specifically designed to treat such chemicals and other contaminants, as
required by paragraph (D)(4) of rule
901:10-2-08
of the Administrative Code;
(f)
Identify appropriate site specific conservation practices to be implemented,
including as appropriate buffers or equivalent practices, to control runoff of
pollutants to waters of the state, as required in paragraph (D)(8) of rule
901:10-2-08
of the Administrative Code;
(g)
Identify the protocols for appropriate testing of manure and soil as required
in rules
901:10-2-10
and
901:10-2-13
of the Administrative Code;
(h)
Identify specific records that will be maintained as required by paragraphs
(A)(1)(a) to (A)(1)(f), (A)(1)(k) to (A)(1)(l), (A)(2), (A)(3)(b) to (A)(3)(s),
and (A)(6) of rule
901:10-2-16
of the Administrative Code to the extent they are applicable to the facility's
manure management plan;
(i)
Establish protocols to land apply manure in accordance with site specific
nutrient management practices that ensure appropriate agricultural utilization
of the nutrients in the manure. The terms of the manure management plan, with
respect to protocols for land application of manure, include the land
application areas identified as available pursuant to paragraph (C) of rule
901:10-2-09
of the Administrative Code; the field-specific rates of application properly
developed, pursuant to the requirements of rule
901:10-2-14
of the Administrative Code, to ensure appropriate agricultural utilization of
the nutrients in the manure; and any timing limitations identified in the
manure management plan concerning land application on the land application
areas. The terms must address rates of application using the approach set forth
below, consistent with the requirements of rule
901:10-2-14
of the Administrative Code.
(i) The terms
include the maximum amounts of nitrogen and phosphorus derived from all sources
of nutrients, for each crop identified in the manure management plan, in
chemical forms determined to be acceptable to the director, in pounds per acre,
for each land application area, and certain factors necessary to determine such
amounts. At a minimum, the factors that are terms must include: the outcome of
the field-specific assessment of the potential for nitrogen and phosphorus
transport from each field determined pursuant to paragraphs (D) and (E) of rule
901:10-2-14
of the Administrative Code; the planned crops to be planted in each field or
any other uses such as pasture or fallow fields (including alternative crops
identified in accordance with paragraph (D)(1)(g)(ix)(b) of this rule; the
realistic yield goal for each crop or use identified for each land application
area; and the nitrogen and phosphorus recommendations from appendix C, tables
1, 2, or 3 of rule
901:10-2-14
of the Administrative Code for each crop or use identified for each field. In
addition, the terms include the methodology by which the manure management plan
accounts for the following factors when calculating the amounts of manure to be
land applied: results of soil tests; credits for all nitrogen in the field that
will be plant available; the amount of nitrogen and phosphorus in the manure to
be applied; consideration of multi-year phosphorus application; accounting for
all other additions of plant available nitrogen and phosphorus to the field;
the form and source of manure; the timing and method of land application; and
volatilization of nitrogen and mineralization of organic nitrogen. The
methodology that must be used to account for each of these factors is set forth
in rules
901:10-2-13
and
901:10-2-14
of the Administrative Code.
(ii)
The terms of the nutrient management plan include alternative crops identified
in the concentrated animal feeding operation's manure management plan that are
not in the planned crop rotation. Where a concentrated animal feeding operation
includes alternative crops in its manure management plan, the crops must be
listed by land application area, in addition to the crops identified in the
planned crop rotation for that land application area, and the manure management
plan must include realistic crop yield goals and the nitrogen and phosphorus
recommendations from appendix C, tables 1, 2, or 3 of rule
901:10-2-14
of the Administrative Code for each crop. Maximum amounts of nitrogen and
phosphorus from all sources of nutrients and the amounts of manure to be
applied must be determined in accordance with the methodology identified in
paragraph (D)(1)(g)(ix)(a) of this rule.
(iii) The following projections must be
included in the manure management plan submitted to the director, but are not
terms of the nutrient management plan: The concentrated animal feeding
operation's planned crop rotations for each field for the period of permit
coverage; the projected amount of manure to be applied; projected credits for
all nitrogen in the field that will be plant available; consideration of
multi-year phosphorus application; accounting for all other additions of plant
available nitrogen and phosphorus to the field; and the predicted form, source,
and method of application of manure, litter, and process wastewater for each
crop. Timing of application for each field, insofar as it concerns the
calculation of rates of application, is not a term of the manure management
plan.
(iv) Concentrated animal
feeding operations must calculate maximum amounts of manure to be land applied
at least once each year using the methodology identified in paragraph
(D)(1)(g)(ix)(a) of this rule before land applying manure and must rely on the
following data:
(a) A field-specific
determination of soil levels of nitrogen and phosphorus, including, for
nitrogen, a concurrent determination of nitrogen that will be plant available
consistent with the methodology required by paragraph (D)(1)(g)(ix)(a) of this
rule, and for phosphorus, the results of the most recent soil test conducted in
accordance with the soil testing requirements set forth in rule
901:10-2-13
of the Administrative Code; and
(b)
The results of most recent representative manure tests for nitrogen and
phosphorus taken within twelve months of the date of land application in
accordance with rule
901:10-2-10
of the Administrative Code, in order to determine the amount of nitrogen and
phosphorus in the manure to be
applied.
(E) In establishing the terms and conditions
of the NPDES permit, the director, to the extent consistent with the act, shall
consider technical feasibility and economic costs and shall allow a reasonable
period of time for coming into compliance with the permit.
(F) In addition to conditions required in all
permits to meet the requirements of rule
901:10-3-10
of the Administrative Code, the director shall establish conditions, as
required on a case-by-case basis, to provide for and assure compliance with all
applicable requirements of the act and regulations. These shall include
conditions under
40
CFR sections 122.44,
122.46,
122.47,
122.48
and 40 CFR Part 132 which establishes compliance schedules and authority to set
interim compliance dates.
Notes
Promulgated Under: 119.03
Statutory Authority: 903.08, 903.10
Rule Amplifies: 903.01, 903.08, 903.09, 903.10
Prior Effective Dates: 09/15/2005, 01/29/2007, 01/23/2009, 09/01/2011, 06/08/2014
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