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(g) 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:

(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);

(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.

(2) 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;

(3) Whether the operation is located on Indian lands;

(4) 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);

(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;

(5) Latitude and longitude of the production area (entrance to the production area); and

(6) 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.

(1) On or after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture, each concentrated animal feeding operation as defined in rule 901:10-3-07 of the Administrative Code has a duty to seek coverage under a NPDES permit issued by the director of agriculture. A concentrated animal feeding operation is not required to seek coverage under a NPDES permit only if the owner or operator has received from the director notification of a determination that the concentrated animal feeding operation has no potential to discharge manure in accordance with this rule and rules 901:10-6-01 to 901:10-6-06 of the Administrative Code.

(2) Persons that have been issued a NPDES permit by the director are required to comply with the following requirements as determined by the director:

(a) Rule 901:10-3-10 of the Administrative Code;

(b) Rules 901:10-3-02 to 901:10-3-06 of the Administrative Code;

(d) National standards of performance for new sources;

(e) The antidegradation policy adopted under section 6111.12 of the Revised Code; and

(f) Other applicable requirements of the act.

(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) The director, upon request, may make a case-specific determination that a large concentrated animal feeding operation has no potential to discharge manure to waters of the state. In making this determination, the director must consider the potential for discharges from both the production area and any land application areas. The director must also consider any record of prior discharges by the operation. In no case may the concentrated animal feeding operation be determined to have no potential to discharge if it has had a discharge within the five years prior to the date of the request submitted under this paragraph. For purposes of this rule, the term no potential to discharge means that there is no potential for any manure to be added to waters of the state under any circumstance or climatic condition. A determination that there is no potential to discharge for purposes of this rule only relates to discharges of manure covered by this rule.

(1) In requesting a determination of no potential to discharge, the owner or operator must submit any information that would support such a determination. Such information shall be submitted within the time frame provided in accordance with 40 C.F.R. 122.23(g) or 40 C.F.R. 122.23(h) and must include all of the information specified in paragraph (C) of this rule. The director has discretion to require additional information to supplement the request, and may also gather additional information through on-site inspection of the concentrated animal feeding operation.

(2) The director must base the decision to grant a no potential to discharge determination on the administrative record, which includes all information submitted in support of a no potential to discharge determination and any other supporting data gathered by the permitting authority. The director must notify any concentrated animal feeding operation seeking a no potential to discharge determination of its final determination within ninety days of receiving the request.

(3) If the director’s final decision is to deny the no potential to discharge determination, the owner or operator must seek coverage under a NPDES permit within thirty days after the denial.

(4) Any unpermitted operation that discharges manure into waters of the state is in violation of this chapter even if it has received a no potential to discharge determination from the director. Any operation that has received a determination of no potential to discharge, but who anticipates changes in circumstances that could create the potential for a discharge, should contact the department and apply for and obtain permit authorization prior to the change of circumstances.

(5) Where the director has issued a determination of no potential to discharge, the director retains the authority to subsequently require NPDES permit coverage if circumstances at the facility change, if new information becomes available, or if there is other reason for the director to determine that the operation has a potential to discharge.

(G) 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.

Effective: 01/29/2007

R.C. 119.032 review dates: 11/09/2006 and 01/29/2012

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

Rule Amplifies: 903.01, 903.08, 903.09, 903.10

Prior Effective Dates: 9/15/2005