3745-33-09 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.

(A) 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, the following:

(1) Submission of a control strategy designed to proceed toward the goal;

(2) Implementation of appropriate cost-effective control measures, consistent with the control strategy;

(3) 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; and

(4) 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, this information shall be submitted with annual reports required under that chapter:

(a) All minimization program monitoring results for the previous year;

(b) A list of potential sources of the pollutant; and

(c) A summary of all actions taken to meet the WQBEL for the pollutant.

(B) A pollutant minimization program may include the submittal of pollution prevention strategies that use changes in production process technology, materials, processes, operations, or procedures to reduce or eliminate the source of the pollutant.

(C) A pollutant minimization program shall not be required if the permittee demonstrates that the discharge of a pollutant with a WQBEL below the quantification level (QL) is reasonably expected to be in compliance with the WQBEL at the point of discharge into the receiving water. The demonstration may include, but is not limited to, the following:

(1) Treatment information, including information derived from modeling the destruction or removal of the pollutant in the treatment process;

(2) Mass balance information; and

(3) Fish tissue studies or other biological studies.

(D) In determining appropriate cost-effective control measures to be implemented in a pollutant minimization program, the permittee shall consider the following factors:

(1) Significance of sources;

(2) Economic and technical feasibility; and

(3) Treatability.

(E) The permit shall contain a reopener clause stating that the director may modify or revoke the permit to revise or remove the requirements of this rule if supported by information generated as a result of implementing the requirements of this rule.

Effective: 06/07/2011
R.C. 119.032 review dates: 11/30/2010 and 06/07/2016
Promulgated Under: 119.03
Statutory Authority: 6111.03
Rule Amplifies: 6111.03
Prior Effective Dates: 12/30/1973, 10/31/1997