Chapter 4906-4 | Certificate Applications for Electric Generation Facilities

Rule 4906-4-01 | Purpose and scope.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) This chapter sets forth the rules governing standard certificate applications for electric generation facilities, electric power transmission lines, and gas pipelines.

(B) The board may, upon its own motion, or upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute.

Last updated May 30, 2024 at 9:14 AM

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/11/2015

Rule 4906-4-02 | Project summary and applicant information.

• Effective: May 30, 2024
• Promulgated Under: 111.15

The applicant shall provide a summary of the proposed project consistent with that presented at public informational meetings. The summary should be suitable as a reference for state and local governments and for the public. Examples of relevant information for inclusion in the project summary are:

(A) A statement explaining the purpose of the facility.

(B) A description of the location, size, acreage, and operating characteristics of the proposed facility.

(C) A discussion of the suitability of the site or route for the proposed facility.

(D) A description of the applicant's history, affiliate relationships, and current operations, and a description of the entity that will construct and operate the facility, if different from the applicant.

(E) For a proposed electric generation facility, a description of any plans for future additions of electric power generation units for the site and region (including the type and timing) and the capacity anticipated for the site.

Last updated May 30, 2024 at 9:14 AM

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: 5/20/2029
Prior Effective Dates: 1/25/2009, 5/7/2009, 12/11/2015

Rule 4906-4-03 | Project description in detail and project schedule in detail.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) For all applications:

(1) In addition to the requirements specific to the projects described herein, applicants shall provide a proposed project schedule in Gantt chart format covering all major project activities and milestones. Examples of scheduling information for inclusion are the timing of the:

(a) Preparation of the application.

(b) Acquisition of rights-of-way, land, and land rights.

(c) Submittal of the application for certificate.

(d) Issuance of the certificate.

(e) Preparation of the final design.

(f) Construction of the facility.

(g) Placement of the facility in service.

(h) For a proposed electric power transmission line or gas pipeline, receipt of grid interconnection studies and other critical path milestones for project construction.

(2) Describe the proposed construction sequence.

(3) Provide a description of the project area. Examples of relevant project area information include: geography, topography, population centers, major industries, and landmarks, including.

(a) A map of not less than at least 1:24,000 scale, submitted in a shapefile or geodatabase, including the area one thousand feet on each side of the proposed facilities for electric power transmission lines and gas pipelines, or a two-mile radius from the project area for a generation facility. Examples of information that should be included in the map include:

(i) The proposed facilities, route corridor, and potential right-of-way extents.

(ii) Roads and railroads.

(iii) Major institutions, parks, and recreational areas that are publicly identified and publicly owned.

(iv) Existing gas pipeline and electric power transmission line corridors.

(v) Named lakes, reservoirs, streams, canals, and rivers.

(vi) Population centers and legal boundaries of cities, villages, townships, and counties.

(vii) Sensitive receptors within five hundred feet of the route or site (such as occupied buildings).

(viii) The area, in acres, of the proposed site or right-of-way for the facility, the length of the electric power transmission line or gas pipeline, in miles, and the number of properties crossed by the facility.

(4) Describe the project's proposed installation methods. Examples of relevant information include:

(a) The proposed site clearing, construction methods, and reclamation operations, including:

(i) Surveying and soil testing.

(ii) Grading and excavation.

(iii) Construction of temporary and permanent access roads and trenches.

(iv) Stringing of cable and/or laying of pipe.

(v) Installation of electric transmission line poles and structures, including foundations.

(vi) Post-construction reclamation.

(b) Provide the layout of facilities. Examples of relevant information include:

(i) A map of at least 1:12,000 scale of the electric power transmission line or gas pipeline routes and associated facilities such as substations, compressor stations, and other stations, showing the following proposed features:

(a) Temporary and permanent access roads, staging areas, and laydown areas.

(b) Proposed location of major structures, including electric power transmission line poles and structures, and buildings.

(c) Fenced-in or secured areas.

(ii) Reasons for the proposed layout and any unusual features.

(iii) Plans for any future modifications in the proposed layout, including the nature and approximate timing of contemplated changes.

(5) The filing requirements in this chapter are subject to any redactions that are necessary to protect critical energy infrastructure information and other facility information that is protected from public disclosure.

(B) For a proposed electric generation facility:

(1) Confirm that an interactive map on the project's website containing a one-mile radius from the project area and showing the features listed in paragraph (A)(3)(a) of rule 4906-4-03 of the Administrative Code was posted at least fourteen days before the first public informational meeting under rule 4906-3-03 of the Administrative Code and that such map will be updated and maintained until construction completes.

(2) Provide the area, in acres, of all owned and leased properties that will be used for construction and/or operation of the facility, and the number of properties.

(3) Provide, in as much detail as is available at the time of submission of the application, indicative examples of each generation equipment alternative, where applicable. Examples of relevant specifications include (subject to revision and update):

(a) Type, number of units, estimated net demonstrated capacity, heat rate, annual capacity factor, and hours of annual generation.

(b) The Indicative manufacturers, models, specifications, and material safety data sheets for all solar panels, inverters, racking systems, wind turbine models, and all other material components. The actual component information shall be provided when selected and prior to commencement or construction and shall not cause an increase in impacts associated with the preliminary maximum site plan. In the case of a wind farm, final component selections shall not exceed the disclosed maximum turbine hub height, tip height, rotor diameter and blade length. selected for the facility. For wind farms, this includes the turbine hub height, tip height, rotor diameter, and blade length for each model under consideration.

(c) Fuel quantity and quality (i.e., ash, sulfur, and British thermal unit value).

(d) A list of types of pollutant emissions and estimated quantities.

(e) Water volume requirement, source of water, treatment, quantity of any discharge and names of receiving streams.

(4) Describe, in as much detail as is available at the time of submission of the application, relevant information as to the construction method, site preparation and reclamation method, materials, color and texture of surfaces, dimensions, and structures included to assure safe operation of all facility components. Examples of relevant information include:

(a) Electric power generation plant or wind-powered electric generation turbines, including towers and foundations.

(b) All proposed storage facilities, including those for fuel, waste, water, and hazardous chemicals.

(c) All proposed processing facilities, including those for fuel, waste, water, and hazardous chemicals.

(d) Water supply, effluent, and sewage lines.

(e) Associated electric collection, transmission and distribution lines and gas pipelines.

(f) Substations, switching substations, and transformers.

(g) Temporary and permanent meteorological towers.

(h) Transportation facilities and proposed upgrades, access roads, and crane paths.

(i) Construction laydown areas.

(j) Security, operations, and maintenance facilities or buildings.

(k) Other pertinent installations.

(5) Supply a map of at least 1:12,000 scale of the project area. Examples of relevant features for map depiction include:

(a) An aerial photograph.

(b) The proposed facility, including all components listed in paragraph (B)(4) of this rule.

(c) Road names.

(d) Property lines.

(C) For a proposed electric power transmission line or gas pipeline:

(1) Provide a statement explaining the need for the proposed facility, including a listing of the factors upon which it relied to reach that conclusion and references to the most recent long-term forecast report (if applicable). Examples of information relevant to the need determination include:

(a) The purpose of the proposed facility.

(b) Specific projections of system conditions, local requirements, or any other pertinent factors that impacted the applicant's opinion on the need for the proposed facility.

(c) Relevant load flow studies and contingency analyses, if appropriate, identifying the need for system improvement.

(2) Describe why the proposed facility was selected to meet the projected need and how the facility complies with division (A)(6) of section 4906.10 of the Revised Code.

(D) For a proposed electric power transmission line, provide information in support of the basis of need. Examples of information relevant to the need determination include:

(1) Load flow data depicting system performance with and without the proposed facility.

(2) An analysis of the impact of the proposed facility on the electric power system economy and reliability, including the evaluation of the impact of the proposed facility on all interconnected utility systems as supported by relevant load flow studies that the applicant provides to staff.

(3) An analysis and evaluation of the options considered that would eliminate the need for construction of an electric power transmission line, including electric generation options and options involving changes to existing and planned electric transmission substations.

(4) A brief statement of how the proposed facility fits into the applicant's most recent long-term electric forecast report and the regional plans for expansion, including, but not limited to, the following:

(a) Reference to any description of the proposed facility in the most recent long-term electric forecast report of the applicant.

(b) If no description was contained in the most recent long-term electric forecast report, an explanation as to why none was filed in the most recent long-term electric forecast report.

(c) Reference to regional expansion plans, when applicable (if the electric power transmission line will not affect regional plans, the applicant shall so state).

(E) For a proposed gas pipeline project:

(1) Provide one copy in electronic format of the relevant base case system data on a portable solid-state drive, in a format acceptable to the board staff, with a description of the analysis program and the data format.

(2) Unless exempt from filing a long-term forecast report, provide a brief statement of how the proposed facility fit into regional expansion plans and the applicant's most recent long-term gas forecast report, including the following:

(a) Reference to any description of the proposed facility in the most recent long-term gas forecast report of the applicant.

(b) If no description was contained in the most recent long-term gas forecast report, an explanation as to why none was filed in the most recent long-term gas forecast report.

Last updated November 1, 2024 at 1:14 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: 5/20/2029
Prior Effective Dates: 6/17/2005, 5/7/2009

Rule 4906-4-04 | Project area selection and site design.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) The applicant shall describe the selection of the project area.

(1) The applicant shall provide a description of the study area or the geographic boundaries of the area considered for development of the project, including the rationale for the selection.

(2) The applicant shall provide a map of suitable scale that depicts the boundary of the study area and the general sites which were evaluated.

(3) The applicant shall provide a comprehensive list and description of all qualitative and quantitative siting criteria utilized by the applicant, including any weighting values assigned to each.

(4) The applicant shall provide a description of the process by which the applicant utilized the siting criteria to determine the proposed project area and any alternative area(s).

(5) The applicant shall provide a description of the project area(s) selected for evaluation, and the factors and rationale used by the applicant for selecting the proposed project area and any alternative area(s).

(B) The applicant shall describe the process of designing the facility layout.

(1) The applicant shall provide a constraint map showing setbacks from residences, property lines, utility corridors, and public rights-of-way, and any other constraints of the site design.

(2) The applicant shall provide a description of the criteria used to determine the facility layout and site design, and a comparison of any site design alternatives considered, including equipment alternatives where the use of such alternatives influenced the site design.

(3) The applicant shall provide a description of how many and what types of comments were received.

Last updated November 1, 2024 at 1:14 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: 5/20/2029
Prior Effective Dates: 8/28/1998

Rule 4906-4-05 | Electric grid interconnection.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) The applicant shall provide a description of the proposed electric power transmission lines or gas pipelines, as well as switching, capacity, metering, safety, and other equipment pertinent to the operation of the proposed electric power transmission lines and gas pipelines and associated facilities, including any provisions for future expansion. Examples of information relevant to future use and expansion include a description of:

(1) For electric power transmission lines:

(a) Design voltage.

(b) Tower designs, pole structures, conductor size and number per phase, and insulator arrangement.

(c) Base and foundation design.

(d) Cable type and size, where underground.

(e) Other major equipment or special structures.

(2) A description of the proposed major equipment, such as:

(a) Breakers.

(b) Switchgear.

(c) Bus arrangement and structures.

(d) Transformers.

(e) Control buildings.

(f) Other major equipment.

(3) For gas pipelines:

(a) Maximum allowable operating pressure.

(b) Pipe material.

(c) Pipe dimensions and specifications.

(d) Control buildings.

(e) Heaters, odorizers, and above-ground facilities.

(f) Any other major equipment.

(B) Additional examples of relevant information requirements for electric generation facilities include:

(1) A description of how the facility will be connected to the regional electric grid.

(2) Information on interconnection of the facility to the regional electric power grid, including:

(a) Information relating to their generation interconnection request, including interconnection queue name, number, date, and website.

(b) System studies on their generation interconnection request, including, but not limited to, the feasibility study and system impact study.

Last updated May 30, 2024 at 9:15 AM

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: 5/20/2029
Prior Effective Dates: 8/28/1998, 12/11/2015

Rule 4906-4-06 | Economic impact and public interaction.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) The applicant shall state the current and proposed ownership status of the proposed facility, including leased and purchased land, rights-of-way, structures, and equipment.

(B) The applicant shall provide information regarding construction costs. Examples of relevant construction cost information include:

(1) Estimates of applicable capital and intangible costs for the facility and various applicable alternatives that is classified according to federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case, capital and intangible costs classified in the accounting format ordinarily used by the applicant in its normal course of business). Examples of relevant cost estimates include:

(a) Land and land rights.

(b) Structures and improvements.

(c) Substation equipment.

(d) Poles and fixtures.

(e) Towers and fixtures.

(f) Overhead conductors.

(g) Underground conductors and insulation.

(h) Underground-to-overhead conversion equipment.

(i) Pipes.

(j) Valves, meters, boosters, regulators, tanks, and other equipment.

(k) Right-of-way clearing and roads, trails, or other access.

(l) Any other material cost items.

(2) A comparison of the total costs (per kilowatt for generation facilities or per mile for electric power transmission lines and gas pipelines) with the applicant's similar facilities, and explain any substantial differences.

(3) A tabulation of the present worth and annualized cost for capital costs and any additional cost details as required to compare capital cost of alternates (using the start of construction date as reference date), and describe techniques and all factors used in calculating present worth and annualized costs.

(C) The applicant shall provide information regarding operation and maintenance expenses. Examples of information relevant to these expenses include:

(1) Applicable estimated annual operation and maintenance expenses for the first two years of commercial operation that is classified according to federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case the operation and maintenance expenses classified in the accounting format ordinarily used by the applicant in its normal course of business).

(2) A comparison of the total operation and maintenance cost (per kilowatt for generation facilities or per mile for electric power transmission lines and gas pipelines) with applicant's similar facilities and explain any substantial differences.

(3) A tabulation of the present worth and annualized expenditures for operating and maintenance costs as well as any additional cost breakdowns as required to compare alternatives, and describe techniques and factors used in calculating present worth and annualized costs.

(D) The applicant shall provide information regarding the economic impact of the project. Examples of relevant economic impact information include:

(1) An estimate of the annual total and present worth of construction and operation payroll.

(2) An estimate of the construction and operation employment and estimate the number that will be employed from the region.

(3) An estimate of the increase in county, township, and municipal tax revenue accruing from the facility.

(4) An estimate of the economic impact of the proposed facility on local commercial and industrial activities.

(E) The applicant shall provide information regarding public interaction. Examples of relevant public interaction information include:

(1) A description of the applicant's program for public interaction during the siting, construction, and operation of the proposed facility in the area in which any portion of such facility is to be located, including detailed information regarding the applicant's public information and complaint resolution programs as well as how the applicant will notify affected property owners and residents about these programs at least seven days prior to the start of construction.

(2) A description of any insurance or other corporate programs for providing liability compensation for damages, if such should occur, to the public resulting from construction, operation, or decommissioning of the proposed facility.

(3) An evaluation and description of the anticipated impact to roads and bridges associated with construction vehicles and equipment delivery, and any measures that will be taken to improve inadequate roads and repair roads and bridges to at least the condition present prior to the project.

(4) A list of all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures, lane closures, road access restrictions, and traffic control necessary for construction and operation of the proposed facility.

(5) Except as to electric power transmission lines and gas pipelines, applicant's description of the plan for decommissioning the proposed facility, including a discussion of any financial arrangements designed to assure the requisite financial resources. For a jurisdictional wind or solar facility, applicant's plan description should be consistent with sections 4906.21 to 4906.222 of the Revised Code and rule 4906-4-09 of the Administrative Code.

(6) A list of counties, townships, villages, and cities within the project area.

(7) A list of the public officials contacted regarding the application, including their office addresses, email addresses, and office telephone numbers.

(8) For an electric generation facility that applies for a certificate after the effective date of the adoption of this chapter, the following requirements apply.

(a) The applicant shall file a copy of the final complaint resolution plan on the public docket.

(b) At least seven days prior to the start of construction and at least seven days prior to the start of facility operations, the applicant shall notify via mail affected property owners and residents, including those individuals who were provided notice of the public informational meeting, residences located within one mile of the project area, parties to this case, county commissioners, township trustees, emergency responders, airports, schools, and libraries, as well as anyone who has requested updates regarding the project. These notices shall provide information about the project, including contact information and a copy of the complaint resolution plan.

(c) The start of construction notice shall include written confirmation that the applicant has complied with all preconstruction-related conditions of the certificate, as well as a timeline for construction and restoration activities.

(d) The start of facility operations notice shall include written confirmation that the applicant has complied with all construction-related conditions of the certificate, as well as a timeline for the start of operations.

(e) During the construction and operation of the facility, the applicant shall submit to staff a complaint summary report by the fifteenth day of January and July of each year through the first five years of operation. The report shall include a list of all complaints received through the applicant's complaint resolution process, a description of the actions taken toward the resolution of each complaint, and a status update if the complaint has yet to be resolved, though the name and other personal identifying information can be redacted at the request of any complainant.

(f) The applicant shall file a copy of all preconstruction notices and complaint summaries on the public docket.

Last updated May 30, 2024 at 9:15 AM

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: 5/20/2029
Prior Effective Dates: 12/27/1976, 1/15/1985

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

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) The information requested in this rule is 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. Examples of information relevant to this determination include:

(1) Information regarding preconstruction air quality and permits, including:

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

(b) A description of 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 as described for each proposed fuel. These parameters apply to 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) A description of 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) 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, a list of all special conditions or concerns attached to the permit(s).

(e) Except for wind farms and solar facilities, 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) A description of how the proposed facility will achieve compliance with the requirements identified in paragraphs (B)(1)(c) and (B)(1)(d) of this rule.

(2) A description of plans to control emissions and fugitive dust during the site clearing and construction phase.

(3) Except for wind farms and solar facilities, information regarding air quality for the operation of the proposed facility, including:

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

(b) 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 should depict the concentrations within a five-mile radius of the proposed facility. A screening analysis may be used to estimate the concentrations.

(c) A description of 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. Examples of relevant information include:

(1) Information regarding preconstruction water quality and permits.

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

(b) 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, including samples 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, provided that the applicant identifies all such sources of data.

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

(d) A description of 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) Available data necessary for completion of any application required for a water discharge permit from any state or federal agency for this project, including comparable information provided for the proposed site and any proposed alternative site(s).

(2) Information regarding water quality during construction.

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

(b) 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) A description of any plans to mitigate the above effects in accordance with current federal and Ohio regulations.

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

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

(3) Information on water quality during operation of the facility.

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

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

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

(d) 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) A description of 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. Examples of relevant information include:

(1) Information regarding preconstruction solid waste.

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

(b) Any plans to deal with such wastes.

(2) Information regarding solid waste during construction.

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

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

(3) Information regarding solid waste during operation of the facility.

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

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

(4) 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, a list of all special conditions or concerns attached to the permit(s).

(E) Information on compliance with environmental and aviation regulations. Examples of relevant information include:

(1) The height of the tallest anticipated installed, above ground structures.

(2) A list of all airports, heliports, landing strips, medical use heliports, and seaplane landing sites within six nautical miles of the project area or property within or adjacent to the project area, and show these facilities on a map(s) of at least 1:24,000 scale. For all structures located within the six nautical miles, an indication of the maximum possible height of construction equipment, and a list of air transportation facilities, existing or proposed, and copies of any correspondence with the federal aviation administration and the Ohio office of aviation. Additionally, confirmation that the owners of these facilities have been notified of the proposed facility and any impacts it will have on aviation operations.

(3) A description of the FAA filing status of each structure and describe any potential conflicts with air navigation or air traffic communications that may be caused by the proposed facility.

(4) A description of whether the proposed facility or a specific structure that is part of the proposed facility has any 14 CFR part 77 impacts.

(5) A list and brief discussion of all licenses, permits, and authorizations that will be required for construction of the facility.

(6) A description, quantification and characterization of debris that will result from construction of the facility, and the plans for disposal of the debris.

(7) Confirmation of the process that will be used to control storm water and minimize erosion during construction and restoration of soils, wetlands, and streams disturbed as a result of construction of the facility.

(8) Confirmation of plans for disposition of contaminated soil and hazardous materials generated from clearing of land, excavation or any other action that would adversely affect the natural environment of the project site during construction. This confirmation is in recognition of that responsibility for removal of contaminated soil is limited solely to soil and material from clearing of land, excavation, or any other action that would adversely affect the natural environment of the project site, and does not include additional remediation measures beyond the scope of the project.

(9) A description of the plans for construction during excessively dusty or excessively muddy soil conditions.

Last updated May 30, 2024 at 9:16 AM

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: 5/20/2029
Prior Effective Dates: 12/15/2003, 12/11/2015

Rule 4906-4-08 | Health and safety, land use and ecological information.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) The applicant shall provide information on health and safety. Examples of relevant information include:

(1) Equipment safety. A description of the safety and reliability of all equipment, including:

(a) How the facility will be constructed, operated, and maintained to comply with the requirements of applicable state and federal statutes and regulations, including, but not limited to, the national electrical safety code, applicable occupational safety and health administration regulations, U.S. department of transportation gas pipeline safety standards, and Chapter 4901:1-16 of the Administrative Code.

(b) All proposed major public safety equipment.

(c) The reliability of the equipment.

(d) The generation equipment manufacturer's safety standards, including a complete copy of the manufacturer's safety manual or similar document and any recommended setbacks from the manufacturer.

(e) The measures that will be taken to restrict public access to the facility.

(f) The fire protection, safety, and medical emergency plan(s) to be used during construction and operation of the facility, and how such plan(s) will be developed in consultation with local emergency responders.

(g) The sensitive receptor considerations, ensuring that sensitive receptor index numbering is the same for all reports and maps listing sensitive receptors.

(2) Air pollution control. Except for wind farms and solar facilities, a description in conceptual terms of the probable impact to the population due to failures of air pollution control equipment.

(3) Noise. A description of anticipated noise from the construction, operation, and maintenance of the facility, including:

(a) An estimate the nature of any intermittent or, recurring, or particularly annoying sounds from the following sources:

(i) Blasting activities.

(ii) Operation of earth moving equipment.

(iii) Driving of piles, rock breaking or hammering, and horizontal directional drilling.

(iv) Erection of structures.

(v) Truck traffic.

(vi) Installation of equipment.

(b) A description of the operational noise levels expected at the nearest property boundary, including:

(i) Operational noise from generation equipment. In addition, for a wind facility, cumulative operational noise levels at the property boundary for each property adjacent to or within the project area, under both day and nighttime operations, using generally accepted computer modeling software (developed for wind turbine noise measurement) or similar wind turbine noise methodology, including consideration of broadband, tonal, and low-frequency noise levels.

(ii) Processing equipment.

(iii) Associated road traffic

(c) A description of the location of any noise-sensitive areas within one mile of the facility, and the operational noise level at each habitable residence, school, church, and other noise-sensitive receptors, under both day and nighttime operations. Sensitive receptor, for the purposes of this rule, refers to any occupied building.

(d) A description of equipment and procedures to mitigate the effects of noise emissions from the proposed facility during construction and operation, including limits on the time of day at which construction activities may occur.

(e) A preconstruction background noise study of the project area that includes measurements taken under both day and nighttime conditions.

(4) Water impacts. A description of relevant information, including:

(a) An evaluation of the potential impact to public and private water supplies due to construction and operation of the proposed facility.

(b) An evaluation of the impact to public and private water supplies due to pollution control equipment failures.

(c) Existing maps of aquifers, water wells, and drinking water source protection areas that may be directly affected by the proposed facility, including, at a minimum, an additional one-mile buffer around the project area.

(d) A description of how construction and operation of the facility will comply with any drinking water source protection plans near the project area.

(e) An analysis of the prospects of floods for the area, including the probability of occurrences and likely consequences of various flood stages, and describe plans to mitigate any likely adverse consequences.

(5) Geological features. A map of suitable scale showing the proposed facility, geological features of the proposed facility site, topographic contours, existing gas and oil wells, injection wells, and underground abandoned mines, as well as:

(a) A description of the suitability of the site geology and plans to remedy any site-specific inadequacies, including proposed mitigation.

(b) A description of the suitability of soil for grading, compaction, and drainage, and describe plans to remedy any inadequacies and restore the soils during post-construction reclamation, including providing a preliminary grading plan that estimates maximum graded acreage expectations.

(c) A description of the suitability of the soils for foundation construction, and areas with slopes that exceed twelve per cent and/or highly erodible soils (according to both the natural resource conservation service and county soil surveys and any other available survey resources representative of the project area) that may be affected by the proposed facility.

(d) The results and initial analysis of preliminary test borings and describe plans for additional test borings, including closure plans for such borings, and describe plans for the test borings that contain a timeline for providing the test boring logs and the following information to the board:

(i) Subsurface soil properties.

(ii) Static water level.

(iii) Rock quality description.

(iv) Per cent recovery.

(v) Depth and description of bedrock contact.

(e) A description of coordination with the Ohio department of natural resources on the geological suitability of the project within the proposed site in order to provide a response letter from the department to staff.

(6) Wind velocity. An analysis of high wind velocities for the area, including the probability of occurrences and likely consequences of various wind velocities, and describe plans to mitigate any likely adverse consequences.

(7) Blade shear. For a wind farm, an evaluation and description of the potential impact from blade shear at the nearest property boundary and public road.

(8) Ice throw. For a wind farm, an evaluation and description of a site-specific ice throw risk analysis and assessment study, the potential impact from ice throw at the nearest property boundary and public road.

(9) Shadow flicker, For a wind farm, an evaluation and description of the potential cumulative impact from shadow flicker at the property boundary and sensitive receptors within a distance of ten rotor diameters or at least one-half mile, whichever is greater, of a turbine, including its plans to minimize potential impacts.

(10) Radio and TV reception. A description of the potential for the facility to interfere with radio and TV reception and describe measures that will be taken to minimize interference.

(11) Radar interference. A description of the potential for the facility to interfere with military and civilian radar systems and describe measures that will be taken to minimize interference.

(12) Navigable airspace interference. A description of the potential for the facility to interfere with navigable airspace and describe measures that will be taken to minimize interference, including plans to coordinate such efforts with appropriate state and federal agencies.

(13) Communication interference. A description of the potential for the facility to interfere with microwave communication paths and systems and describe measures that will be taken to minimize interference. Include all licensed systems and those used by electric service providers and emergency personnel that operate in the project area.

(14) Electric and magnetic fields. For electric power transmission facilities where the centerline of the facility is within one hundred feet of an occupied residence or institution, and for electric substations where the boundary of the footprint is within one hundred feet of an occupied residence or institution, a description of the production of electric and magnetic fields during operation of the preferred and alternate site/route. If more than one conductor configuration is to be used on the proposed facility, a description of information for each configuration that constitutes more than ten per cent of the total line length, or more than one mile of the total line length being proposed. Where an alternate structure design is submitted, a description of information on the alternate structure, including:

(a) Calculated electric and magnetic field strength levels at one meter above ground, under the conductors and at the edge of the right-of-way for:

(i) Winter normal conductor rating.

(ii) Emergency line loading.

(iii) Normal maximum loading. Corresponding current flows, conductor ground clearance for normal maximum loading and distance from the centerline to the edge of the right-of-way using estimates for minimum conductor height. Also provide typical cross-section profiles of the calculated electric and magnetic field strength levels at the normal maximum loading conditions.

(iv) Where there is only one occupied residence or institution within one hundred feet of the centerline, a description of only one set of field strength values. Where there are two or more occupied residences or institutions within one hundred feet of the centerline, a description of field strength values for each configuration that includes these occupied residences and institutions, and constitutes more than ten percent of the total line length, or more than one mile of the total line length being certificated.

(b) References to the current state of knowledge concerning possible health effects of exposure to electric and magnetic field strength levels.

(c) A description of the company's consideration of electric and magnetic field strength levels, both as a general company policy and specifically in the design and siting of the electric power transmission line project including: alternate conductor configurations and phasing, tower height, corridor location, and right-of-way width.

(d) A description of the company's current procedures for addressing public inquiries regarding electric and magnetic field strength levels, including copies of informational materials and company procedures for customer electric and magnetic field strength level readings.

(B) The applicant shall provide information on ecological resources. Examples of relevant information include:

(1) Ecological information. Information regarding ecological resources in the project area including:

(a) A map of at least 1:24,000 scale, including the area one thousand feet on each side of the proposed facilities that discusses the following features:

(i) The proposed facility and limits of disturbance.

(ii) Undeveloped or abandoned land such as wood lots or vacant tracts of land subject to past or present surface mining activities, not used as a registered game preserve or in agricultural production.

(iii) Wildlife areas, nature preserves, and other conservation areas.

(iv) Surface bodies of water, including wetlands, ditches, streams, lakes, reservoirs, ponds, and drainage channels. For wetlands, the estimated extent of the wetland if it extends outside of the project area.

(v) Highly-erodible soils and slopes of twelve percent or greater.

(vi) Areas of proposed vegetative clearing, including the vegetative community type.

(vii) Naturally occurring woody and herbaceous vegetation land.

(viii) Sensitive habitat areas, including habitat used for breeding, of species identified as potentially impacted by the project through coordination with the Ohio department of natural resources and the United States fish and wildlife service in the project area, if present.

(b) The results of a field survey of the vegetation and surface waters within one-hundred feet of the potential construction impact area of the facility including: a description of the vegetative communities, and delineations of wetlands and streams; a map of at least 1:12,000 scale showing all delineated resources; the probable impact of the operation and maintenance of the proposed facility on vegetation and surface waters.

(c) A description of the probable impact of the construction of the proposed facility on the vegetation and surface waters, including impacts from route/site clearing and grading, and disposal of vegetation, including the linear feet and acreage impacts, and the proposed crossing methodology of each stream and wetland that would be crossed by any part of the facility during construction equipment.

(d) The results of a literature survey of the plant and animal life within at least one-fourth mile of the project area boundary which includes aquatic and terrestrial plant and animal species that are of commercial or recreational value, or species designated as endangered or threatened.

(e) The results of field surveys conducted as to the plant and animal species identified in the literature survey, including; their federal and state protection status; and a description of the probable impact of the construction, operation, and maintenance of the proposed facility on the species described in this rule and procedures to minimize such impacts, including impacts from route clearing and any impact to natural nesting areas.

(f) A summary of any additional studies which have been made by or for the applicant addressing the ecological impact of the proposed facility

(2) Ecological impacts. Information regarding potential impacts to ecological resources during construction.

(a) An evaluation of the impact of construction on the resources surveyed in response to paragraph (B)(1) of this rule, including the following:

(i) A table displaying the report name, linear feet and acreage impacted, quality, flow regime, and the proposed crossing methodology of each stream that would be crossed by or within the footprint of any part of the facility or construction equipment.

(ii) A table displaying the report name, acreage impacted, quality, Cowardin classification, and the proposed crossing methodology of each delineated wetland that would be crossed by or within the footprint of any part of the facility or construction equipment.

(iii) A table displaying the extent of clearing of each vegetative community type, including a clearing total.

(iv) A description of how such clearing work will be done so as to minimize removal of woody vegetation and minimize forest fragmentation.

(v) A description of impacts to wildlife, including listed species identified through coordination with the Ohio department of natural resources and/or the United States fish and wildlife service, will be avoided or minimized.

(b) A description of the mitigation procedures to be utilized to minimize both the short-term and long-term impacts due to construction, including the following:

(i) Plans for post-construction site restoration and stabilization of disturbed soils, especially in riparian areas and near wetlands. Restoration plans should include details on the removal and disposal of materials used for temporary access roads and construction staging areas, including gravel.

(ii) A detailed frac out contingency plan for stream and wetland crossings that are expected to be completed via horizontal directional drilling detailing environmental specialist presence, monitoring of drilling pressures and discharges within surface water resources, containment measures, cleanup and vacuum truck availability, and timelines and methods of restoration.

(iii) Methods to demarcate surface waters and wetlands and to protect them, including any proposed buffers, from entry of construction equipment and material storage or disposal.

(iv) Procedures for inspection and repair of erosion control measures, especially after rainfall events.

(v) Methods to protect and plans for restoration of vegetation in proximity to any project facilities from damage, particularly mature trees, wetland vegetation, and woody vegetation in riparian areas.

(vi) Options for disposing of downed trees, brush, and other vegetation during initial clearing for the project, and clearing methods that minimize the movement of heavy equipment and other vehicles within the project area that would otherwise be required for removing all trees and other woody debris off site.

(vii) Avoidance measures for state or federally listed and protected species and their habitat, in accordance with paragraph (D) of rule 4906-4-09 of the Administrative Code.

(viii) Measures to divert storm water runoff away from fill slopes and other exposed surfaces.

(ix) A description of any expected use of herbicides for maintenance.

(3) Operational ecological impacts. Information regarding potential impacts to ecological resources during operation and maintenance of the facility.

(a) An evaluation of the impact of operation and maintenance on the undeveloped areas shown in response to paragraph (B)(1) of this rule.

(b) A description of:

(i) The procedures to be utilized to avoid, minimize, and mitigate both the short- and long-term impacts of operation and maintenance.

(ii) Methods for protecting streams, wetlands, and vegetation, particularly mature trees, wetland vegetation, and woody vegetation in riparian areas.

(iii) A description of any expected use of herbicides for maintenance.

(c) Any plans for post-construction monitoring of wildlife impacts.

(4) A description of any mitigation procedures to be used during construction, operation, and maintenance of the proposed facility to minimize the impact on vegetation, surface waters, and species identified in paragraph (B) of this rule.

(5) A description of anticipated actions to prevent establishment and/or further propagation of noxious weeds identified in Chapter 901:5-37 of the Administrative Code and invasive species identified in rule 901:5-30-01 of the Administrative Code during implementation of any pollinator-friendly plantings. Additionally, a description of the commitment to comply with any public orders concerning the abatement of noxious weeds.

(C) Information on land use and community development.

(1) Existing land use. Information regarding land use in the region and potential impacts of the facility through the following maps and related information, including a map of at least 1:24,000 scale showing the following:

(a) For a proposed electric generation facility, detail within one-mile of the project area boundary, and for a proposed electric power transmission, gas pipeline, or substation site within one thousand feet as to:

(i) The proposed facility, substation, or compressor station.

(ii) Centerline and right-of-way, if applicable, for each electric power transmission line or gas pipeline being proposed.

(iii) Land use, depicted as areas on the map. Land use, for the purposes of paragraph (C) of this rule, refers to the current economic use of each parcel. Categories should include residential, commercial, industrial, institutional, recreational, agricultural, and vacant, or as classified by the local land use authority.

(iv) Structures, depicted as points on the map. Identified structures should include residences, commercial centers or buildings, industrial buildings and installations, schools, hospitals, churches, civic buildings, and other occupied places.

(v) Incorporated areas and population centers.

(vi) Road names.

(b) For the types of structures identified on the map in paragraph (C)(1)(a) of this rule, a table showing the following:

(i) For all structures and property lines within one thousand five hundred feet of generation equipment or a wind turbine, the distance between both the structure or property line and the equipment or nearest wind turbine. Or, for all structures within two hundred feet of the proposed facility right-of-way for an electric power transmission line, gas pipeline, or substation site, the distance between the nearest edge of the structure and the proposed facility right-of-way.

(ii) For all structures and property lines within two hundred fifty feet of a collection line, access road, substation, or other associated facility component, the distance between both the structure or property line and the associated facility component.

(iii) For each structure and property in the table, whether the property is being leased by the applicant for the proposed facility.

(iv) A description of the mitigation procedures to be used during the construction, operation, and maintenance of the proposed facility to minimize impact to structures near the facility.

(c) An evaluation of the impact of the proposed facility on the above land uses identified on the map in paragraph (C)(1)(a) of this rule. Include, for each land use type, the construction impact area and the permanent impact area in acres, in total and for each project component (e.g., turbines, collection lines, access roads, substations), and the explanation of how such estimate was calculated. Also, a description of the construction impact area and permanent impact area in acres total for all land use types.

(d) The identity of structures that will be removed or relocated.

(2) Wind farm maps. For wind farms only, (a) a map(s) of at least 1:24,000 scale showing the proposed facility, habitable residences, and parcel boundaries of all parcels within a half-mile of the project area. (b) indicator on the map, for each parcel, the parcel number and whether the parcel is being leased by the applicant for the proposed facility, as of no more than thirty days prior to the submission of the application. (c) indicator on the map the setbacks for wind turbine structures in relation to property lines, habitable residential structures, electric power transmission lines, gas pipelines, gas distribution lines, hazardous liquid(s) pipelines, and state and federal highways, consistent with at least the following information:

(a) Confirmation that the distance from a wind turbine base to the property line of the wind farm property is at least one and one-tenth times the total height of the turbine structure as measured from its tower's base (excluding the subsurface foundation) to the tip of a blade at its highest point.

(b) Confirmation that the wind turbine is at least one thousand, one hundred, twenty-five feet in horizontal distance from the tip of the turbine's nearest blade at ninety degrees to the property line of the nearest adjacent property, including a state or federal highway, at the time of the certification application.

(c) Confirmation that the distance from a wind turbine base to any electric power transmission line, gas pipeline, gas distribution line, hazardous liquid(s) pipeline, or public road is at least one and one-tenth times the total height of the turbine structure as measured from its tower's base (excluding the subsurface foundation) to the tip of a blade at its highest point.

(d) Minimum setbacks from property lines and residences may be waived pursuant to the procedures set forth in paragraph (C)(3) of this rule.

(3) Setback waivers. Setback requirements apply in all cases except those in which all owner(s) of property adjacent to the wind farm property waive application of the setback to that property. In order to be effective, waiver(s) must meet the following requirements:

(a) Content of waiver.

(i) Be in writing;

(ii) Provide a brief description of the facility;

(iii) Notify the applicable property owner(s) of the statutory minimum setback requirements;

(iv) Describe the adjacent property subject to the waiver through a-legal description;

(v) Describe how the adjacent property is subject to the statutory minimum setback requirements; and

(vi) Advise all subsequent purchasers of the adjacent property subject to the waiver that the waiver of the minimum setback requirements shall run with the land.

(b) Required signature. The waiver shall be signed by the applicant and the applicable property owner(s), indicating consent to construction activities without compliance with the minimum setback requirements.

(c) Recordation of waiver. The waiver shall be recorded in the county recorder's office where the property that is the subject of the waiver is located.

(4) Land use plans. Provide information regarding land use plans.

(a) Describe formally adopted plans for future use of the project area and surrounding lands for anything other than the proposed facility.

(b) Describe the applicant's plans for concurrent or secondary uses of the site.

(c) Describe the impact of the proposed facility on regional development, including housing, commercial and industrial development, schools, transportation system development, and other public services and facilities.

(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.

(e) Provide current population counts or estimates, current population density, and ten-year population projections for counties and populated places within five miles of the project area.

(D) Information on cultural and archaeological resources

(1) Landmark mapping. A description on a map of at least 1:24,000 scale, of any formally adopted land and water recreation areas, recreational trails, scenic rivers, scenic routes or byways, and registered landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance within ten miles of the project area if the proposed facility is an electric generation facility, or within one thousand feet if the facility is an electric power transmission line, gas pipeline, or substation. Examples of landmarks to be considered for purposes of paragraph (D) of this rule include those districts, sites, buildings, structures, and objects that are recognized by, registered with, or identified as eligible for registration by the national registry of natural landmarks, the state historical preservation office, or the Ohio department of natural resources.

(2) A description of any studies used to determine the location of cultural resources within the area of potential effects, and include correspondence with the state historic preservation office.

(3) A description of impacts on mapped landmarks, including an evaluation of the impact of the construction, operation, and maintenance of the proposed facility on the preservation and continued meaningfulness of these landmarks and describe plans to avoid or mitigate any adverse impact.

(4) Recreation and scenic areas.

(a) A description of the recreation and scenic areas identified under paragraph (D)(1) of this rule in terms of their proximity to the project, population centers, uniqueness, topography, vegetation, hydrology, and wildlife.

(b) An evaluation of the impact of the proposed facility on those identified recreational and scenic areas and describe plans to mitigate any adverse impact.

(5) A description of plans to avoid or mitigate any adverse impacts to cultural resources. A description of mitigation procedures to be used during the operation and maintenance of the proposed facility as developed in consultation with the Ohio history connection. A description of procedures for flagging and avoiding all landmarks in the project area, including measures to be taken should previously unidentified landmarks be discovered during construction of the project.

(6) Visual impact of facility. The visual impact of the proposed above-ground facility within at least a ten-mile radius from the project area, as conducted or reviewed by a licensed landscape architect or other professional with experience in developing a visual impact assessment.

(a) A description of the visibility of the project, including a viewshed analysis and area of visual effect, shown on a corresponding map of the study area. The viewshed analysis should not incorporate deciduous vegetation, agricultural crops, or other seasonal land cover as viewing obstacles. Viewshed analysis that includes atmospheric conditions should incorporate the atmospheric conditions under which the facility would be most visible.

(b) A description of the visibility of the proposed facility from such sensitive vantage points as residential areas, lookout points, scenic highways, waterways, and landmarks identified in paragraph (D)(1) of this rule.

(c) A description of the existing landscape and evaluate its scenic quality including documentation of a review of existing plans, policies, and regulations of the communities within the study area, and list all references to identified visual resources or other indications of the visual preferences of the community.

(d) A description of the alterations to the landscape caused by the facility, including a description and illustration of the scale, form, and materials of all facility structures, and evaluate the impact of those alterations to the scenic quality of the landscape. This description should also include a narrative of how the proposed facility will likely affect the aesthetic quality of the site and surrounding area.

(e) An evaluation of the visual impacts to the resources identified in paragraph (D) of this rule, and any such resources within ten miles of the project area that are valued specifically for their scenic quality.

(f) Photographic simulations or artist's pictorial sketches of the proposed facility from public vantage points that cover the range of landscapes, viewer groups, and types of scenic resources found within the study area. The applicant should explain its selection of vantage points, including any coordination with local residents, public officials, and historic preservation groups in selecting these vantage points.

(g) A description of measures that will be taken to minimize any adverse visual impacts created by the facility, including, but not limited to, project area location, lighting, turbine layout, visual screening, and facility coloration. A description that these measures do not conflict with relevant safety requirements.

(E) Information regarding agricultural districts and potential impacts to agricultural land.

(1) Mapping of agricultural land. On a map of at least 1:24,000 scale, a description of the proposed facility, electric power transmission line or gas pipeline alignment, or substation site, inclusive of the potential disturbance area, and all agricultural land, and separately all agricultural district land existing at least sixty days prior to submission of the application located within the project area boundaries. Where available, distinguish between agricultural uses such as cultivated lands, permanent pasture land, managed woodlots, orchards, nurseries, livestock and poultry confinement areas, and agriculturally related structures.

(2) Agricultural information. For all agricultural land, and separately for agricultural uses and agricultural districts identified under paragraph (E)(1) of this rule, the following:

(a) A quantification of the acreage impacted.

(b) An evaluation of the impact of the construction, operation, and maintenance of the proposed facility on the land and the following agricultural facilities and practices within the project area:

(i) Field operations such as plowing, planting, cultivating, spraying, aerial applications, and harvesting.

(ii) Irrigation. A description of irrigation systems and demonstrate how impacts to those systems will be avoided or mitigated, and how damaged irrigation systems will be promptly repaired to original conditions.

(iii) Field drainage systems. A description and map of field drainage systems that can reasonably be determined and demonstrate how impacts to those systems will be avoided or mitigated, and describe how damaged drainage systems will promptly be repaired to restore original drainage conditions. A description of data sources and methods used to obtain information for field drainage system mapping.

(iv) Soils. A description of the anticipated impacts to soils in agricultural lands, how topsoil will be excavated and restored, and how compaction of soil will be avoided and how compacted soil will be restored to original condition.

(v) Structures used for agricultural operations. A description of all agricultural structures that will be removed or repurposed, the impacts of removal or repurposing on agricultural operations, and how such impacts will be mitigated or avoided.

(vi) The viability as agricultural district land of any land so identified, including identifying all agricultural district properties and properties enrolled in the current agricultural use valuation (CAUV) program, discussing the specific impacts on each property, and providing an evaluation on how those impacts will affect the viability of the property as agricultural land.

(c) A description of mitigation procedures to be utilized by the applicant during construction, operation, and maintenance to reduce impacts to agricultural land, structures, and practices, including how avoidance and mitigation procedures will achieve segregation of excavated topsoil, and decompaction and restoration of all topsoil to original conditions unless otherwise agreed to by the landowner.

(3) Drain tile considerations. Examples of relevant information include:

(a) Benchmark conditions of the project drain tile system by locating all mains and laterals and consult with owners of all parcels adjacent to the property, the county soil and water conservation district, and appropriate county representatives to request drainage system information over those parcels.

(b) Plans to avoid known drain tile systems that flow into or out of the construction area and repair any damage that occurs from the project.

(c) Plans to locate and avoid all mains and laterals in the construction area and, where any main or lateral is damaged, to repair such damage in a timely manner.

(d) Plans to avoid, where possible, or minimize to the extent practicable, any damage to functioning field tile drainage systems and soils resulting from the construction, operation, and/or maintenance of the facility in agricultural areas.

(e) Plans to promptly repair, at applicant's expense, damaged field tile systems to at least original conditions or modern equivalent. However, if the affected landowner agrees to not having the damaged field tile system repaired, the landowner may do so only if the field tile systems of adjacent landowners and public rights-of-way remain unaffected by the non-repair of the landowner's field tile system. Following completion of any repair, the applicant will file a map of the repaired drain tile systems in the case docket at the close of the project's construction.

Last updated May 30, 2024 at 9:16 AM

Supplemental Information

Authorized By: 4906.20, 4906.03
Amplifies: 4906.20, 4906.201, 4906.03, 4906.06
Five Year Review Date: 5/20/2029
Prior Effective Dates: 11/4/1988, 1/25/2009, 5/7/2009

Rule 4906-4-09 | Regulations associated with renewable energy generation facilities.

• Effective: May 30, 2024
• Promulgated Under: 111.15

The following requirements apply to renewable energy generation facilities, and amendments to this rule apply only to applications filed after the rule's effective date.

(A) Construction, location, use, maintenance, and change.

(1) Adherence to other regulations. Construction and operation of all proposed facilities shall be consistent with all applicable state and federal requirements, including all applicable safety, construction, environmental, electrical, communications, and all federal aviation administration requirements. Except where compliance is waived by the board pursuant to section 4906.13 of the Revised Code, an applicant will comply with state building code regulations in constructing structures not involved in generation or transmission of electricity.

(2) Construction, operations, and maintenance safety.

(a) Equipment safety

(i) The applicant shall comply with the manufacturer's most current safety manual, unless such safety manual conflicts with paragraph (C)(2) of rule 4906-4-08 of the Administrative Code.

(ii) The applicant shall maintain a copy of this safety manual in the operations and management building of the facility.

(b) Geological features

(i) Within the application, the applicant shall provide a preliminary geotechnical exploration and evaluation to confirm that there are no issues to preclude development of the facility, including, but not limited to: borings, test pits, and/or subsurface samples at the substation(s), overhead collection line pole locations, and representative samples of the project area.

(ii) Sixty days prior to the preconstruction conference, the applicant shall provide a fully detailed geotechnical exploration and evaluation to confirm that there are no issues to preclude development of the facility.

(iii) The applicant must fill all boreholes and borehole abandonment must comply with state and local regulations.

(iv) The applicant shall provide copies of all geotechnical boring logs to board staff and to the Ohio department of natural resources division of geological survey prior to construction.

(c) Blasting. Should site-specific conditions warrant blasting, the applicant shall submit a blasting plan to the board, at least thirty days prior to blasting.

(i) The applicant shall submit the following information as part of its blasting plan:

(a) The name, address, and telephone number of the drilling and blasting company.

(b) A detailed blasting plan for dry and/or wet holes for a typical shot. The blasting plan shall address blasting times, blasting signs, warnings, access control, control of adverse effects, and blast records.

(c) A plan for liability protection and complaint resolution.

(ii) Prior to the use of explosives, the applicant or explosive contractor shall obtain all required licenses and permits. The applicant shall submit a copy of the license or permit to the board within seven days of obtaining it from the local authority.

(iii) The blasting contractor shall utilize two blasting seismographs that measure ground vibration and air blast for each blast. One seismograph shall be placed beside the nearest dwelling, or at least at the nearest accessible property line to the dwelling, and the other placed at the discretion of the blasting contractor.

(iv) At least thirty days prior to the initiation of blasting operations, the applicant must notify, in writing, all residents or owners of dwellings or other structures within one thousand feet of the blasting site. The applicant or explosive contractor shall offer and conduct a pre-blast survey of each dwelling or structure within one thousand feet of each blasting site, unless waived by the resident or property owner. The survey must be completed and submitted to the board at least ten days before blasting begins.

(3) Maintenance and use.

(a) The applicant shall maintain the renewable energy generation facility equipment in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures.

(b) The applicant shall have a construction and maintenance access plan based on final plans for the facility, access roads, and types of equipment to be used. The plan shall consider the location of sensitive resources, as identified by the Ohio department of natural resources, and explain how impacts to all sensitive resources will be avoided or minimized during construction, operation, and maintenance. The plan shall include locations of erosion control measures. The plan shall provide specific details on all wetlands, streams, and/or ditches to be impacted by the facility, including those where construction or maintenance vehicles and/or facility components such as access roads cannot avoid crossing the waterbody. In such cases, specific discussion of the proposed crossing methodology for each wetland and stream crossing, and post-construction site restoration, must be included. The plan shall include the measures to be used for restoring the area around all temporary access points, and a description of any long-term stabilization required along permanent access routes.

(c) The applicant shall have a vegetation management plan. The plan must identify all areas of proposed vegetation clearing for the project, specifying the extent of the clearing, and describing how such clearing work will be done so as to minimize removal of woody vegetation. The plan must also describe how trees and shrubs around structures, along access routes, at construction staging areas, during maintenance operations, and in proximity to any other project facilities will be protected from damage. Priority should be given to protecting mature trees throughout the project area, and all woody vegetation in wetlands and riparian areas, both during construction and during subsequent operation and maintenance of all facilities; low-growing trees and shrubs in particular should be protected wherever possible within the proposed right-of-way. The vegetation management plan should also explore various options for disposing of downed trees, brush, and other vegetation during initial clearing for the project, and recommend methods that minimize the movement of heavy equipment and other vehicles within the right-of-way that would otherwise be required for removing all trees and other woody debris off site.

(d) For both construction and future right-of-way maintenance, the applicant shall limit, to the greatest extent possible, the use of herbicides in proximity to surface waters, including wetlands along the right-of-way. Individual treatment of tall-growing woody plant species is preferred, while general, widespread use of herbicides during initial clearing or future right-of-way maintenance should only be used where no other options exist, and with prior approval from the Ohio environmental protection agency. Prior to commencement of construction, the applicant shall describe the planned herbicide use for all areas in or near any surface waters during initial project construction and/or future right-of-way maintenance.

(e) The applicant shall prevent the establishment and propagation of noxious weeds identified in Chapter 901:5-37 of the Administrative Code in the project, including its setback areas, during construction, operation, and decommissioning via procedures and processes specified and required by the project's vegetation plan. The applicant shall provide annual proof of weed control for the first four years of operation, with the goal of weed eradication significantly completed by year three of operation.

(f) Within its plans for post-construction site restoration and stabilization of disturbed soils, such restoration plans shall include:

(i) The applicant shall remove all temporary gravel and other construction staging area and access road materials after completion of construction activities, as weather permits, unless otherwise directed by the landowner.

(ii) The applicant shall not dispose of gravel or any other construction material during or following construction of the facility by spreading such material on agricultural land. All construction debris and all contaminated soil shall be promptly removed and properly disposed of in accordance with Ohio environmental protection agency regulations.

(4) Change, reconstruction, alteration, or enlargement.

(a) Any amendment to a facility certificate shall be proposed by the applicant to the board as an amendment application, as provided in rule 4906-3-11 of the Administrative Code.

(b) Unless otherwise ordered by the board or administrative law judge, modification(s) shall not be considered amendments under this rule if such modification(s) would be minimal in nature, and would be adequately addressed by the conditions of a certificate.

(c) An applicant may seek review of a proposed modification(s) sought under paragraph (A)(5)(b) of this rule by filing the proposed modification(s) in the public docket of the certificate case and shall provide written notification of such filing to staff and all landowners immediately adjacent to the site of the proposed modification(s). The notification shall reference, and include a copy of, paragraph (A)(5) of this rule. In the filing submitted in the public docket, the applicant shall present its rationale as to why the applicant is seeking the proposed modification(s) and must demonstrate that the proposed modification(s) satisfies paragraph (A)(5)(b) of this rule. Staff or any interested person may file objections to the applicant's proposal within twenty-one days. If no objections are filed within the twenty-one day period, the applicant may proceed with the proposed modification(s). If objections are filed within the twenty-one day period, board staff may subsequently docket its recommendation on the matter. The board will process proposed modification(s) under the suspension process set forth for accelerated applications as outlined in rule 4906-6-09 of the Administrative Code.

(B) Erosion control. Within its procedures for inspection and repair of erosion control measures, the applicant shall employ the following erosion and sedimentation control measures, construction methods, and best management practices when working near environmentally-sensitive areas or when in close proximity to any watercourses:

(1) During construction of the facility, seed all disturbed soil, except within actively cultivated agricultural fields, within seven days of final grading. Denuded areas, including spoils piles, shall be seeded and stabilized in accordance with the applicant's approved stormwater pollution prevention plan, if they will be undisturbed for more than twenty-one days. Re-seeding shall be conducted in accordance with the applicant's approved stormwater pollution prevention plan as necessary until sufficient vegetation in all areas has been established.

(2) Inspect and repair all erosion control measures after each rainfall event of one half of an inch or greater over a twenty-four-hour period, and maintain controls until permanent vegetative cover has been established on disturbed areas.

(3) Delineate all watercourses, including wetlands, by fencing, flagging, or other prominent means.

(4) Avoid entry of construction equipment into watercourses, including wetlands, except at specific locations where construction has been approved.

(5) Prohibit storage, stockpiling, and/or disposal of equipment and materials in these sensitive areas.

(6) Locate structures outside of identified watercourses, including wetlands, except at specific locations where construction has been approved.

(7) Divert all storm water runoff away from fill slopes and other exposed surfaces to the greatest extent possible, and direct instead to appropriate catchment structures, sediment ponds, etc., using diversion berms, temporary ditches, check dams, or similar measures.

(C) Aesthetics and recreational land use.

(1) In the event of vandalism on any generating facility, the applicant shall immediately remove or abate the damage to preserve the aesthetics of the project to pre-vandalism condition.

(2) No commercial signage or advertisements may be displayed on any infrastructure, except for reasonable identification of the manufacturer or operator of the facility.

(3) All structures that require lighting by the federal aviation administration, including construction equipment, shall be lit with the minimum lighting required by the federal aviation administration. Lighting of other parts of the wind farm, such as associated structures and access roads, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from adjacent properties.

(4) The applicant shall provide a plan to avoid adverse impacts of the proposed facility on landmarks in the surrounding area. Landmarks, for the purpose of this rule, refer to those districts, sites, buildings, structures, and objects that are recognized by, registered with, or identified as eligible for registration by the national registry of natural landmarks, the state historic preservation office, or the Ohio department of natural resources. If avoidance measures are not feasible, the applicant shall describe why impacts cannot be avoided and shall provide an evaluation of the impact of the proposed facility on the preservation and continued meaningfulness of registered or potentially eligible landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance and describe plans to mitigate any adverse impact. The mitigation plan shall contain measures to be taken should previously-unidentified archaeological deposits or artifacts be discovered during construction of a project.

(5) The applicant shall provide photographic simulations or artist's pictorial sketches of the proposed facility from at least one vantage point in each area of three square miles within the project area, showing views to the north, south, east, and west. The photographic simulations or artist's pictorial sketches shall incorporate the environmental and atmospheric conditions under which the facility would be most visible.

(D) Wildlife protection. The applicant shall satisfy the following requirements to avoid or mitigate impacts to federal or state listed and protected species.

(1) The applicant shall coordinate with the United States fish and wildlife service, the Ohio department of natural resources division of wildlife, and board staff to determine if any actions are necessary to avoid impacts to federal or state listed and protected species or other species which may be impacted. The applicant shall provide coordination letters received from the United States fish and wildlife service and the Ohio department of natural resources division of wildlife. If the United States fish and wildlife service, the Ohio department of natural resources division of wildlife, or board staff identify any recommendations for the avoidance of impacts to specific species, the applicant shall describe how it shall address all recommendations.

(2) The applicant shall contact board staff within twenty-four hours if federal or state listed species are encountered during construction activities. Construction activities that could adversely impact the identified plants or animals shall be halted until an appropriate course of action has been agreed upon by the applicant, board staff, and other applicable administrative agencies.

(3) The applicant shall avoid construction in federal or state listed and protected species' habitats during seasonally restricted dates, or at restricted habitat types, as provided by the Ohio department of natural resources and the United States fish and wildlife service, unless coordination efforts with the Ohio department of natural resources and the United States fish and wildlife service allows a different course of action.

(4) If construction activities result in significant adverse impact to federal or state listed and protected species, the applicant will develop a mitigation plan or adaptive management strategy.

(5) The applicant shall have a staff-approved environmental specialist on site during construction activities that may affect sensitive areas. Sensitive areas shall include, but are not limited to, wetlands and streams, and locations of threatened or endangered species. The environmental specialist shall be familiar with water quality protection issues and potential threatened or endangered species of plants and animals that may be encountered during project construction. The environmental specialist shall have authority to stop construction at the location where a sensitive impact is unexpectedly encountered for up to forty-eight hours after any incident that is reported to staff to mitigate unforeseen environmental impacts and to recommend procedures to resolve the sensitive impact. A map shall be provided to staff showing sensitive areas which would be impacted during construction with information on when the environmental specialist would be present.

(6) The applicant shall, to the extent practicable, minimize the clearing of wooded areas, including scrub/shrub areas, which would lead to fragmentation and isolation of woodlots or reduce connecting corridors between one woodlot and another.

(E) Noise.

(1) General construction activities shall be limited to the hours of seven a.m. to seven p.m., or until dusk when sunset occurs after seven p.m. Impact pile driving, hoe ram, and blasting operations, if required, shall be limited to the hours between ten a.m. to five p.m., Monday through Friday. Construction activities that do not involve noise increases above ambient levels at sensitive receptors are permitted outside of daylight hours when necessary. Sensitive receptor, for purposes of this rule, refers to any occupied building. The applicant shall notify property owners or affected tenants within the meaning of paragraph (B)(2) of rule 4906-3-03 of the Administrative Code of upcoming construction activities including potential for nighttime construction activities.

(2) The facility shall be operated so that its daytime and nighttime noise contributions do not result in noise levels at any non-participating sensitive receptor within one mile of the project boundary that exceed the greater of 40 dBA or the project area ambient daytime and nighttime average sound level (L50) by five A-weighted decibels (dBA).

(3) After commencement of commercial operation, the applicant shall conduct further review of the impact and possible mitigation of all project-related noise complaints through its complaint resolution process. Non-participating, as used in this context, refers to a property for which the owner has not signed a waiver or otherwise agreed to be subject to a higher noise level.

(F) Decommissioning, remediation, restoration, and removal.

(1) The applicant shall provide the final decommissioning plan to the board and the applicable county engineer(s) at least thirty days prior to the preconstruction conference. The plan shall:

(a) Indicate the intended future use of the land following reclamation.

(b) Describe the engineering techniques and major equipment to be used in decommissioning and reclamation; a surface water drainage plan and any proposed impacts that would occur to surface and ground water resources and wetlands; and a plan for backfilling, soil stabilization, compacting, and grading.

(c) Provide a detailed timetable for the accomplishment of each major step in the decommissioning plan, including the steps to be taken to comply with applicable air, water, and solid waste laws and regulations and any applicable health and safety standards in effect as of the date of submittal.

(2) The applicant shall file a revised decommissioning plan to the board and the applicable county engineer(s) every five years from the commencement of construction. The revised plan shall include advancements in engineering techniques and reclamation equipment and standards. The revised plan shall be applied to each five-year decommissioning cost estimate.

(3) The applicant shall, at its expense, complete decommissioning of the facility within twelve months after the end of the useful life of the facility. If no electricity is generated for a continuous period of twelve months, or if the board deems the facility to be in a state of disrepair warranting decommissioning, the facility will be presumed to have reached the end of its useful life. The board may extend the useful life period for the facility for good cause as shown by the applicant. The board may also require decommissioning of individual components due to health, safety, wildlife impact, or other concerns that prevent the facility or its components from operating within the terms of the certificate.

(4) Decommissioning shall include the removal and transportation of the facility components off site. Decommissioning shall also include the removal of buildings, cabling, electrical components, access roads, and any other associated facilities, unless otherwise mutually agreed upon by the facility owner and/or facility operator and the landowner. All physical material pertaining to the facility and associated equipment shall be removed to a depth of at least thirty-six inches beneath the soil surface, or more for the maintenance and repair of field tile systems, and transported off site. The disturbed area shall be restored to the same physical condition that existed before construction of the facility. Damaged field tile systems shall be repaired to the satisfaction of the property owner.

(5) During decommissioning, all recyclable materials, salvaged and non-salvaged, shall be recycled to the furthest extent practicable. All other non-recyclable waste materials shall be disposed of in accordance with state and federal law.

(6) The facility owner and/or facility operator shall not remove any improvements made to the electrical infrastructure if doing so would disrupt the electric grid, unless otherwise approved by the applicable regional transmission organization and interconnection utility.

(7) At least seven days prior to the preconstruction conference, the applicant shall retain an independent, registered professional engineer, licensed to practice engineering in the state of Ohio to estimate the total cost of decommissioning in current dollars, without regard to salvage value of the equipment. This estimate shall be conducted every five years. Said estimate shall include:

(a) An identification and analysis of the activities necessary to implement the most recent approved decommissioning plan including, but not limited to, physical construction and demolition costs assuming good industry practice and based on publication or guidelines approved by staff;

(b) The cost to perform each of the activities; and

(c) An amount to cover contingency costs, not to exceed ten per cent of the above calculated reclamation cost.

(d) For wind facilities, said estimate will be converted to a per turbine basis calculated as the total cost of decommissioning of all facilities divided by the number of turbines in the most recent facility engineering drawings.

(8) The applicant, facility owner, and/or facility operator shall post and maintain a performance bond for decommissioning. For wind facilities, the performance bond will be in an amount equal to the per turbine decommissioning costs multiplied by the sum of the number of turbines constructed and under construction. The form of the performance bond shall be mutually agreed upon by the board and the applicant, the facility owner, and/or the facility operator. The performance bond shall ensure the faithful performance of all requirements and reclamation conditions of the most recently filed and approved decommissioning and reclamation plan. At least thirty days prior to the preconstruction conference, the applicant, the facility owner, and/or the facility operator shall provide an estimated timeline for the posting of decommissioning funds based on the construction schedule for each turbine. Prior to commencement of construction, the applicant, the facility owner, and/or the facility operator shall provide a statement from the holder of the performance bond demonstrating that adequate funds have been posted for the scheduled construction. Once the performance bond is provided, the applicant, facility owner and/or facility operator shall maintain such funds or assurance throughout the remainder of the applicable term. The applicant, facility owner, and/or facility operator shall obtain a new performance bond every five years with an updated decommissioning cost estimate from its engineer and revised decommissioning plan.

(9) The facility owner and/or facility operator shall repair damage to government-maintained (public) roads and bridges caused by decommissioning activity. Any damaged public roads and bridges shall be repaired promptly to their pre-decommissioning state by the facility owner and/or facility operator under the guidance of the appropriate regulatory agency. The applicant shall provide financial assurance to the counties that it will restore the public roads and bridges it uses to their pre-decommissioning condition. These terms shall be defined in a road use agreement between the applicant and the county engineer(s) prior to construction. The road use agreement shall contain provisions for the following:

(a) A pre-decommissioning survey of the condition of public roads and bridges conducted within a reasonable time prior to decommissioning activities.

(b) A post-decommissioning survey of the condition of public roads and bridges conducted within a reasonable time after decommissioning activities.

(c) An objective standard of repair that obligates the facility owner and/or facility operator to restore the public roads and bridges to the same or better condition as they were prior to decommissioning.

(d) A timetable for posting of the decommissioning road and bridge bond prior to the use or transport of heavy equipment on public roads or bridges.

(10) The performance bond shall be released by the holder of the bond when the facility owner and/or facility operator has demonstrated, and the board concurs, that decommissioning has been satisfactorily completed, or upon written approval of the board, in order to implement the decommissioning plan.

(G) The following are applicable to solar facility applications.

(1) High wind velocities. Solar facility applicants will provide an analysis of high wind velocities for the area, including the probability of occurrences and likely consequences of various high wind velocities, and describe plans, approved by a professional engineer, to mitigate any likely adverse consequences.

(2) Stormwater management. The applicant shall construct the facility in a manner that considers the Ohio environmental protection agency's guidance on post-construction storm water controls for solar panel arrays. The applicant shall mitigate potential water quality impacts associated with aquatic discharges by obtaining an Ohio national pollutant discharge elimination system construction stormwater general permit from the Ohio environmental protection agency with submittal of a notice of intent for coverage under that permit. The applicant shall develop and implement a stormwater pollution prevention plan, a spill prevention control and counter measure plan, and a horizontal directional drilling inadvertent release of drilling fluid contingency plan to minimize and prevent potential discharges to surface waters in the project area and surrounding area.

(3) Fencing. Solar panel perimeter fence type is to be both small-wildlife permeable and aesthetically fitting for a rural location. Such fencing requirement does not apply to substation fencing governed by the National Electric Safety Code or other similar safety code standards applicable to substations.

(4) Setbacks. The facility design is to incorporate a minimum setback from the project's solar modules of (a) at least fifty feet from non-participating parcel boundaries, (b) at least three hundred feet from non-participating residences existing as of the application filing date, and (c) at least one hundred fifty feet from the edge of pavement of any state, county, or township road within or adjacent to the project area.

(5) Landscape plans. The application is to include a landscape plan in consultation with a landscape architect licensed by the Ohio landscape architects board that reasonably mitigates the aesthetic impacts of the facility on adjacent residential non-participating properties, the traveling public, nearby communities, and recreationalists through measures such as shrub plantings or enhanced pollinator plantings and be in harmony with the existing vegetation and viewshed in the area. Such vegetative screening is to be maintained for the life of the facility.

(H) The following are applicable to wind facility applications.

(1) Blade shear. The applicant shall provide its plans to minimize potential impacts from blade shear. These plans shall include restricting public access to the facility with appropriately placed warning signs or other necessary measures, and instructing workers on the potential hazards.

(a) To minimize the possibility of blade shear, all wind turbine generators must be equipped with:

(i) Two independent braking systems, which may include aerodynamic overspeed controls and mechanical brakes operated in a fail-safe mode, but shall not include stall regulation;

(ii) A pitch control system;

(iii) A lightning protection system; and

(iv) Turbine shutoffs in the event of excessive wind speeds, uncontrolled rotation, excessive blade vibration, stress, or pressure on the tower structure, rotor blades, and turbine components.

(b) Bypass or override of wind turbine safety features or equipment is prohibited.

(c) At a minimum, the design of the wind turbine generators shall conform to industry standards, as effective at the time the applicant submits its application, including those of the American national standards institute, the international electrotechnical commission, or an equivalent industry standard. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from underwriters laboratories, det norske veritas, Germanischer Lloyd wind energies, or other similar certifying organizations.

(2) Shadow flicker.

(a) The facility shall be designed to avoid unreasonable adverse shadow flicker effect at any non-participating sensitive receptor within one thousand meters of any turbine. At a minimum, the facility shall be operated so that shadow flicker levels do not exceed thirty hours per year at any such receptor. Non-participating, as used in this context, refers to a property for which the owner has not signed a waiver or otherwise agreed to be subject to a higher shadow flicker level.

(b) After commencement of commercial operation, the applicant shall conduct further review of the impact and possible mitigation of all project-related shadow flicker complaints through its complaint resolution process.

(3) Ice throw.

(a) The ice throw analysis shall, at a minimum, include the probability of ice throw impacts at the nearest property boundary and public road.

(b) The applicant's plans to minimize potential impacts shall include:

(i) Restricting public access to the facility with appropriately placed warning signs or other necessary measures,

(ii) Instructing workers on the potential hazards of ice conditions on wind turbines, and

(iii) Installing and utilizing an ice warning system to include an ice detector installed on the roof of the nacelle, ice detection software, warranted by the manufacturer to detect ice, for the wind turbine controller, or an ice sensor alarm that triggers an automatic shutdown.

(c) In addition to the use of the safety measures enumerated in paragraph (E)(2) of this rule, the potential impact from ice throw shall be presumptively deemed to satisfy safety considerations if the probability of one kilogram of ice landing beyond the statutory property line setback for each turbine location is less than one per cent per year.

(4) Communications.

(a) At least thirty days prior to the preconstruction conference, the applicant shall conduct a microwave path study that identifies all existing microwave paths that intersect the wind farm project, and a worst-case Fresnel zone analysis for each path. A copy of this study shall be provided to the path licensee(s), for review, and to staff for review and confirmation that the applicant is complying with this condition. The assessment shall conform to the following requirements:

(i) An independent and registered surveyor, licensed to survey within the state of Ohio, shall determine the exact locations and worst-case Fresnel zone dimensions of all known microwave paths or communication systems operating within the project area, including all paths and systems identified by the electric service providers that operate within the project area. In addition, the surveyor shall determine the center point of all turbines within one thousand feet of the worst-case Fresnel zone of each system, using the same survey equipment.

(ii) Provide the distance in feet between the nearest rotor blade tip of each surveyed turbine identified under paragraph (J)(1)(a) of this rule and the surveyed worst-case Fresnel zone of each microwave system path.

(iii) Provide a map of the surveyed microwave paths, center points, and boundaries at a legible scale.

(iv) Describe the specific, expected impacts of the project on all paths and systems considered in the assessment.

(b) All existing licensed microwave paths, and licensed communication systems shall be subject to avoidance or mitigation. The applicant shall complete avoidance or mitigation measures prior to commencement of construction for impacts that can be predicted in sufficient detail to implement appropriate and reasonable avoidance and mitigation measures. After construction, the applicant shall mitigate all observed impacts of the project to microwave paths and licensed communication systems within seven days or within a longer time period acceptable to staff. Avoidance and mitigation for any known point-to-point microwave paths and licensed communication systems shall consist of measures acceptable to staff, the applicant, and the affected path owner, operator, or licensee. If interference with an omni-directional or multi-point system is observed after construction, mitigation would be required only for affected receptors.

(c) The applicant shall denote on the set of engineering drawings of the final project design to be provided under rule 4906-3-14 of the Administrative Code the microwave paths and procedures to avoid interference with those microwave paths by construction equipment within the three hundred-foot radius workspace around each turbine.

(5) The applicant shall submit a post-construction avian and bat monitoring plan to the board. During operation of the facility, if significant mortality occurs to birds or bats, the applicant will develop a mitigation plan.

(6) At least sixty days prior to the first turbine becoming operational, the applicant shall describe plans for maintaining turbine blades in a stationary or nearly stationary stance during low wind speed conditions at night during bird and bat migratory seasons.

(7) The visible surfaces of wind farm structures shall be a non-reflective, matte finished, non-obtrusive, and neutral color such as white, off-white, gray, or beige.

(8) Location. Wind farms shall be sited in locations that comply with paragraph (C)(2) of rule 4906-4-08 of the Administrative Code and applicable provisions of this rule.

Last updated May 30, 2024 at 9:16 AM

Supplemental Information

Authorized By: 4906.20, 4906.03
Amplifies: 4906.20, 4906.201, 4906.03, 4906.06
Five Year Review Date: 5/20/2029
Prior Effective Dates: 4/26/2018

Rule 4906-4-10 | Notice and reports of incidents involving wind farm facilities.

• Effective: May 30, 2024
• Promulgated Under: 111.15

(A) Telephone notice of incidents.

(1) Wind farm operators should notify the board's executive director by calling: 1-844-OHCALL1 (1-844-642-2551), as well as local law enforcement and first responders on all incidents involving a wind turbine, within thirty minutes after discovery unless notification within that time is impracticable under the circumstances.

(2) For purposes of this rule incidents include events where:

(a) There is injury to any person.

(b) There is damage to property other than the property of the wind farm operator.

(c) Where an event such as tower collapse, turbine failure, thrown blade or hub, collector or feeder line failure, ice throw, or nacelle fire, causes damage to the wind farm operator's property that is estimated to exceed fifty thousand dollars, excluding the cost of electricity lost, which is the sum of the estimated cost of material, labor, and equipment to repair and/or replace the operator's damaged property.

(B) Written reports regarding incidents.

(1) Within thirty days after the incident is discovered, a wind farm operator will submit a written report to the executive director describing the cause of the incident, where ascertainable, and any damage to the wind farm facility or to neighboring properties or persons, on a form provided by the board.

(2) Each wind farm operator will also docket, in the wind farm certificate case, a final written report on a form provided by the board within sixty days after discovery of the incident, unless the wind farm operator:

(a) For good cause shown, demonstrates more time is needed; and

(b) Submits interim reports to the executive director at intervals of not more than sixty days until a final report is docketed.

(C) Each final written report will address:

(1) Cause of the incident;

(2) Date and time the incident occurred and date and time it was discovered;

(3) If the incident involved a turbine, the distance between debris and the wind turbine base;

(4) If the incident involved a turbine, the distance between debris to habitable structures and property lines, and photographs of the debris field;

(5) A narrative description of the incident and actions taken by the wind farm operator, including a timeline of events;

(6) What, if any, damage occurred to the property within the wind farm facility;

(7) What steps were necessary to repair, rebuild, or replace damage to any property within the wind farm facility;

(8) What, if any, personal injury was caused by, or related to, the incident;

(9) What, if any, damage to properties within or adjacent to the wind farm project area was caused by, or related to, the incident;

(10) What, if any, steps were, or will be, taken to prevent future incidents.

(D) Staff investigation and restart.

(1) Staff will investigate every incident that results in a report being submitted pursuant to this rule. Except as necessary for public safety, a wind farm operator should not disturb any damaged property within the facility or the site of a reportable incident until after staff has made an initial site visit. Staff will make its initial visit to review any damaged property within three business days of the notice provided for in paragraph (A)(1) of this rule unless otherwise prohibited from accessing the area of the damaged property by public safety officials.

(2) A wind farm operator will not restart any damaged property within a facility involved in a reportable incident until such restart is approved by the board's executive director or the executive director's designee pursuant to the following process:

(a) Such approval is premised upon the filing of:

(i) A complete and final written report fully addressing the factors set forth in paragraph (C) of this rule,

(ii) A representation by the wind farm operator that it is ready to restart the damaged property, and,

(iii) A notarized statement that a satisfactory repair or replacement of the damaged property has been completed from:

(a) A licensed professional engineer;

(b) A qualified representative from the manufacturer of the damaged equipment; or

(c) A person employed by or hired by the operator having appropriate qualifications under the circumstances to provide the required statement.

(b) Unless otherwise suspended for good cause shown by the board, executive director, or an administrative law judge, a wind farm operator may restart damaged property five business days after docketing the information required in this rule.

Last updated May 30, 2024 at 9:16 AM

Supplemental Information

Authorized By: 4906.20, 4906.03
Amplifies: 4906.20, 4906.201, 4906.03, 4906.06, 4906.97, 4906.98
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/21/2020