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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 4906-4-07 | Compliance with air, water, solid waste, and aviation regulations.

 

(A) The information requested in this rule shall be used to determine whether the facility will comply with regulations for air and water pollution, solid and hazardous wastes, and aviation. Where appropriate, the applicant may substitute all or portions of documents filed to meet federal, state, or local regulations. Existing data may be substituted for physical measurements.

(B) The applicant shall provide information on compliance with air quality regulations.

(1) The applicant shall submit information regarding preconstruction air quality and permits.

(a) Provide available information concerning the ambient air quality of the proposed project area and any proposed alternative project area(s).

(b) Describe the air pollution control equipment for the proposed facility. Stack gas parameters including temperature and all air pollutants regulated by the federal or state environmental protection agency shall be described for each proposed fuel. These parameters shall be included for each electric power generation unit proposed for the facility. Include tabulations of expected efficiency, power consumption, and operating costs for supplies and maintenance. Describe the reliability of the equipment and the reduction in efficiency for partial failure.

(c) Describe applicable federal and/or Ohio new source performance standards (NSPS), applicable air quality limitations, applicable national ambient air quality standards (NAAQS), and applicable prevention of significant deterioration (PSD) increments.

(d) Provide a list of all required permits to install and operate air pollution sources. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, the applicant shall provide a list of all special conditions or concerns attached to the permit(s).

(e) Except for wind farms, provide a map of at least 1:100,000 scale containing:

(i) The location and elevation (ground and sea level) of Ohio environmental protection agency primary and secondary air monitoring stations or mobile vans which supplied data used by the applicant in assessing air pollution potential.

(ii) The location of major present and anticipated air pollution point sources.

(f) Describe how the proposed facility will achieve compliance with the requirements identified in paragraphs (B)(1)(c) and (B)(1)(d) of this rule.

(2) The applicant shall describe plans to control emissions and fugitive dust during the site clearing and construction phase.

(3) Except for wind farms, the applicant shall provide information regarding air quality for the operation of the proposed facility.

(a) Describe ambient air quality monitoring plans for air pollutants regulated by the federal or state environmental protection agency.

(b) On a map of at least 1:24,000 scale, show three isopleths of estimated concentrations that would be in excess of the U.S. environmental protection agency-defined "significant emission rates" when the facility is operating at its maximum rated output. The intervals between the isopleths shall depict the concentrations within a five-mile radius of the proposed facility. A screening analysis may be used to estimate the concentrations.

(c) Describe procedures to be followed in the event of failure of air pollution control equipment, including consideration of the probability of occurrence, expected duration and resultant emissions.

(C) The applicant shall provide information on compliance with water quality regulations.

(1) The applicant shall provide information regarding preconstruction water quality and permits.

(a) Provide a list of all permits required to install and operate the facility, including water pollution control equipment and treatment processes.

(b) On a map of at least 1:24,000 scale, show the location and sampling depths of all water monitoring and gauging stations used in collecting preconstruction survey data. Samples shall be collected by standard sampling techniques and only in bodies of water likely to be affected by the proposed facility. Information from U.S. geological survey (USGS), Ohio environmental protection agency, and similar agencies may be used where available, but the applicant shall identify all such sources of data.

(c) Describe the ownership, equipment, capability, and sampling and reporting procedures of each station.

(d) Describe the existing water quality of the receiving stream based on at least one year of monitoring data, using appropriate Ohio environmental protection agency reporting requirements.

(e) Provide available data necessary for completion of any application required for a water discharge permit from any state or federal agency for this project. Comparable information shall be provided for the proposed site and any proposed alternative site(s).

(2) The applicant shall provide information regarding water quality during construction.

(a) Indicate, on a map of at least 1:24,000 scale, the location of the water monitoring and gauging stations to be utilized during construction.

(b) Provide an estimate of the quality and quantity of aquatic discharges from the site clearing and construction operations, including runoff and siltation from dredging, filling, and construction of shoreside facilities.

(c) Describe any plans to mitigate the above effects in accordance with current federal and Ohio regulations.

(d) Describe any changes in flow patterns and erosion due to site clearing and grading operations.

(e) Describe the equipment proposed for control of effluents discharged into bodies of water and receiving streams.

(3) The applicant shall provide information on water quality during operation of the facility.

(a) Indicate, on a map of at least 1:24,000 scale, the location of the water quality monitoring and gauging stations to be utilized during operation.

(b) Describe the water pollution control equipment and treatment processes planned for the proposed facility.

(c) Describe the schedule for receipt of the national pollution discharge elimination system permit.

(d) Provide a quantitative flow diagram or description for water and water-borne wastes through the proposed facility, showing the following potential sources of pollution, including:

(i) Sewage.

(ii) Blow-down.

(iii) Chemical and additive processing.

(iv) Waste water processing.

(v) Run-off and leachates from fuels and solid wastes.

(vi) Oil/water separators.

(vii) Run-off from soil and other surfaces.

(e) Describe how the proposed facility incorporates maximum feasible water conservation practices considering available technology and the nature and economics of the various alternatives.

(D) The applicant shall provide information on compliance with solid waste regulations.

(1) The applicant shall provide information regarding preconstruction solid waste.

(a) Describe the nature and amount of debris and solid waste in the project area.

(b) Describe any plans to deal with such wastes.

(2) The applicant shall provide information regarding solid waste during construction.

(a) Provide an estimate of the nature and amounts of debris and other solid waste generated during construction.

(b) Describe the proposed method of storage and disposal of these wastes.

(3) The applicant shall provide information regarding solid waste during operation of the facility.

(a) Provide an estimate of the amount, nature, and composition of solid wastes generated during the operation of the proposed facility.

(b) Describe proposed methods for storage, treatment, transport, and disposal of these wastes.

(4) The applicant shall describe its plans and activities leading toward acquisition of waste generation, storage, treatment, transportation and/or disposal permits. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, the applicant shall provide a list of all special conditions or concerns attached to the permit(s).

(E) The applicant shall provide information on compliance with aviation regulations.

(1) List all public use airports, helicopter pads, and landing strips within five miles of the project area and all known private use airports, helicopter pads, and landing strips or property within or adjacent to the project area, and show these facilities on a map(s) of at least 1:24,000 scale. Provide confirmation that the owners of these airports have been notified of the proposed facility and any impacts it will have on airport operations.

(2) Provide the FAA filing status of each airport and describe any potential conflicts with air navigation or air traffic communications that may be caused by the proposed facility.

Last updated March 13, 2024 at 3:28 PM

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 11/25/2021
Prior Effective Dates: 11/4/1988, 8/28/1998, 12/15/2003, 5/7/2009