Ohio Admin. Code 3745-33-09 - Best management practices
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-33-01 of the Administrative Code.]
(A)
Best management practices (BMPs) may be included in
NPDES permits according to the requirements of
40
C.F.R.
122.44(k).
(B)
Pollutant
minimization programs. When pollutant minimization programs are required under
Chapter 3745-1, 3745-2, or 3745-33 of the Administrative Code, the pollutant
minimization program shall be developed in accordance with this rule.
(1)
The pollutant
minimization program shall examine all potential sources of the pollutant with
the goal of maintaining the effluent at or below the water quality-based
effluent limit (WQBEL). The pollutant minimization program shall include, but
is not limited to, all of the following:
(a)
Submission of a
control strategy designed to proceed toward the goal.
(b)
Implementation of
appropriate cost-effective control measures, consistent with the control
strategy.
(c)
Monitoring necessary to measure the progress toward the
goal, including at least quarterly monitoring for the pollutant in the influent
to the wastewater treatment facility and semi-annual monitoring of potential
sources of the pollutant.
(d)
An annual status report that shall be sent to Ohio EPA
including the following information. The report shall be submitted before March
first of the following year, or, for discharges with approved pretreatment
programs under Chapter 3745-3 of the Administrative Code, all of the following
information shall be submitted with annual reports required under that
chapter:
(i)
All minimization program monitoring results for the previous
year.
(ii)
A list of potential sources of the
pollutant.
(iii)
A summary of all actions taken to meet the WQBEL for
the pollutant.
(2)
A pollutant
minimization program may include the submittal of pollution prevention
strategies that use changes in production process technology, materials,
processes, operations, or procedures to reduce or eliminate the source of the
pollutant.
(3)
A pollutant minimization program shall not be required
if the permittee demonstrates that the discharge of a pollutant with a WQBEL
below the quantification level (QL) is reasonably expected to be in compliance
with the WQBEL at the point of discharge into the receiving water. The
demonstration may include, but is not limited to, all of the following:
(a)
Treatment
information, including information derived from modeling the destruction or
removal of the pollutant in the treatment process.
(b)
Mass balance
information.
(c)
Fish tissue studies or other biological
studies.
(4)
In determining appropriate cost-effective control
measures to be implemented in a pollutant minimization program, the permittee
shall consider all of the following factors:
(a)
Significance of
sources.
(b)
Economic and technical feasibility.
(c)
Treatability.
(5)
The permit shall
contain a reopener clause stating that the director may modify or revoke the
permit to revise or remove the requirements of this rule if supported by
information generated as a result of implementing the requirements of this
rule.
(C)
Toxic organic management plans (TOMPs). For NPDES
permits that contain limits for total toxic organics (TTO), the director may
allow the implementation of a certified TOMP, in lieu of requiring monitoring
for TTO.
(1)
To
implement this option, a TOMP shall be submitted to Ohio EPA for review and
approval. The TOMP shall include the following information, or the plan shall
explain why the information is not included:
(a)
A complete
inventory of all toxic organic chemicals used, generated, stored or identified
through sampling and analysis of the wastewater regulated by TTO limits.
Chemical constituents of trade name products must be
identified.
(b)
Best estimates of approximate maximum quantities for
toxic organic pollutants used in and discharged in wastewaters regulated by TTO
limits. Estimates must include toxic organic chemicals discharges via process
wastewater discharges, spills, leaks, rinse water carryover, air pollution
control devices and other sources.
(c)
A pollution
prevention assessment for TTOs. This includes an assessment of pollution
prevention options that could be implemented to minimize or eliminate the
discharge of toxic organics introduced into the wastewater under current and
future conditions.
(i)
Pollution prevention options include, but are not
limited to, all of the following:
(a)
Material substitution.
(b)
Improved
operating practices.
(c)
Technology changes.
(d)
Recycling.
(ii)
Once pollution
prevention options are identified, a technical and economic evaluation of
viable options shall be conducted to select options or projects. A schedule
shall be developed and a measurement system to track the implementation
progress of the selected pollution prevention options shall be developed and
revised as necessary.
(d)
A description of
the methods of disposal other than discharge to surface water, such as
reclamation, contract hauling or incineration. A detailed description for each
waste shall be included with information on how the waste is stored prior to
disposal.
(e)
The procedures for ensuring that the regulated toxic
organic pollutants do not spill or routinely leak into process wastewaters,
floor drains, non-contact cooling water, groundwater, surface waters or other
location that allows the discharge of the compounds. These procedures shall
include, but are not limited to the following:
(i)
A description of
the practices to be followed, including housekeeping procedures, during the
use, collection and storage of organics. These practices shall include, but are
not limited to the following:
(a)
Proper labeling and handling of containers of toxic
organics.
(b)
Storing a minimal amount of toxic organics at the
site.
(c)
A centralized storage area designed and maintained to
prevent leakage.
(d)
Sealing floor drains in the area where toxic organics
are used or stored.
(e)
Overflow control equipment.
(f)
Secondary
containment capable of holding one hundred ten per cent of the total volume
stored or the volume of the largest container, whichever is greater. The
containment system shall be designed and maintained to prevent
leakage.
(ii)
A description of the procedures for routine and
detailed visual inspections to ensure the absence of leaking storage
containers. Visual inspections shall be conducted at least once per
week.
(iii)
A description of how all employees are trained in the
proper use, collection and storage of all chemicals they work
with.
(iv)
A simple but complete floor plan showing the storage
location of toxic organics prior to use, in use, or awaiting disposal. This
plan shall include all floor drains, dikes and containment areas in the storage
facility.
(2)
Initial sampling.
The permittee shall sample the discharge for all toxic organic pollutants
included in the TTO definition at the point where the TTO limit
applies.
(3)
Certification eligibility. In order to qualify for the
alternative in paragraph (C) of this rule, the following criteria shall be
met:
(a)
The
baseline analysis must show compliance with the appropriate TTO
standards.
(b)
An acceptable TOMP must be submitted.
(c)
The following
certification statement must be signed by an officer of the company or manager
responsible for overall plant operations, and submitted with the TOMP and each
subsequent periodic compliance report:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the standard for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no discharge or dumping of concentrated toxic organics into wastewater has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the toxic organic management plan submitted to the control authority."
(4)
Certification
re-evaluation. Once every permit cycle, but no less frequently than once every
five years, the TOMP shall be updated and the waste stream subject to TTO
limits shall be sampled and analyzed for TTO, or those toxic organic compounds
expected to be present.
Replaces: 3745-33-09
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03
Rule Amplifies: 6111.03
Prior Effective Dates: 12/30/1973, 10/31/1997, 6/7/2011
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.