Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations,
and test methods referenced in this
rule, see rule
3745-599-03 of the
Administrative Code titled "Beneficial use - incorporation by
reference."]
(A) If the director
determines that an individual beneficial use permit application is deficient or
other documentation required to be submitted by this chapter does not provide
Ohio EPA with information necessary to ascertain compliance with the applicable
provisions of this chapter, Ohio EPA shall notify the applicant of the
deficiencies in the application. If the applicant fails to submit a complete
revised application not later than one hundred eighty days after the date of
the notice that the application is deficient, the director may deny the
application. If the applicant fails to provide any response not later than one
hundred and eighty days after the date of the notice that the application is
deficient, the director may return the deficient application to the applicant.
An incomplete application will not be considered.
(B) An individual beneficial use permit is
non-transferable.
(C) Upon receipt
of a complete application for an individual beneficial use permit and a
determination that the criteria for an individual beneficial use permit have
been met, the director may issue an individual beneficial use permit to the
applicant. The individual beneficial use permit may include conditions to
prevent nuisance or adverse impacts to public health, safety, and the
environment, including but not limited to conditions related to the following:
(1) Establishment of restrictions and
requirements pertaining to management of and persons responsible for management
of the beneficial use byproduct proposed for beneficial use including but not
limited to the following:
(a) Activities such
as generation, processing, distribution, or placement of the beneficial use
byproduct.
(b) Persons such as
generators, processors, distributors, or landowners.
(2) Establishment of requirements pertaining
to the characterization of the beneficial use byproducts proposed for
beneficial use.
(3) Establishment
of restrictions or standards for the beneficial use of beneficial use
byproducts. The director may consider restrictions or standards that include
but are not limited to the following:
(a)
United States environmental protection agency "Regional Screening
Levels."
(b) United States
environmental protection agency "Risk Assessment of Spent Foundry Sands In
Soil-Related Applications."
(c)
Chapter 3745-1 of the Administrative Code ("Aquatic Toxicity" standards and
"Water Quality" criteria).
(d)
Chapter 3745-40 of the Administrative Code ("Sewage Sludge Program
Limits").
(e) Chapter 3745-300 of
the Administrative Code ("Voluntary Action Program" standards).
(f) Information regarding ambient background
concentrations.
(4)
Establishment of requirements, including BMPs pertaining to the beneficial use,
management, and storage of beneficial use byproducts, including setbacks and
isolation distances. The director may consider at a minimum the following in
determining appropriate BMPs:
(a) Ohio
environmental protection agency's "Rainwater and Land Development
Manual."
(b) United States
environmental protection agency's internet-based resources relating to BMPs for
erosion and sedimentation, including the sector specific "Industrial Storm
Water Fact Sheet Series."
(c)
"National Menu of Best Management Practices (BMPs) for Stormwater."
(d) "National Management Measures to Control
Nonpoint Source Pollution from Urban Areas, EPA-841-B-05-004."
(e) Ohio hydrologic soil groups.
(f) Precipitation forecasts.
(g) Soil temperatures.
(h) Other BMPs listed in Chapter 3745-40 of
the Administrative Code.
(5) Establishment of record keeping and
reporting requirements.
(6)
Establishment of requirements specific to the type of beneficial use byproduct,
locations of the beneficial use, and the beneficial uses authorized under the
individual beneficial use permit.
(7) Establishment of an individual beneficial
use permit expiration date and individual beneficial use permit renewal
procedures.
(8) Notification
requirements upon distribution of the beneficial use byproduct.
(9) Establishment of requirements for land
use restrictions including but not limited to deed restrictions and
environmental covenants.
(10)
Establishment of requirements for the permittee to sample for constituents in
addition to those identified in the initial beneficial use byproduct
characterization demonstration and proposed compliance demonstration.
(11) Additional terms and conditions as
authorized under Chapter 3734. or 6111. of the Revised Code.
(12) A demonstration of legitimacy in
accordance with rule
3745-599-35 of the
Administrative Code.
(D)
Criteria for issuance of an individual beneficial use permit. The director
shall not issue an individual beneficial use permit unless the following are
determined:
(1) The permittee has submitted a
complete application for an individual beneficial use permit.
(2) Beneficial use of the beneficial use
byproduct in accordance with the permit is unlikely to create a nuisance or
adversely affect public health, safety, or the environment.
(3) Beneficial use of the beneficial use
byproduct in accordance with the permit is unlikely to cause pollution of
waters of the state.
(4) Beneficial
use of the beneficial use byproduct as authorized by the individual beneficial
use permit is unlikely to cause air pollution.
(5) The issuance of the individual beneficial
use permit complies with division (M) of section
3734.02 of the Revised
Code.
(E) Expiration of
an individual beneficial use permit. An individual beneficial use permit shall
be effective for five years from the effective date of the permit unless
otherwise stated in the permit, or if the permit is revoked in accordance with
rule 3745-599-370 of the
Administrative Code.
