Current through all regulations passed and filed through December 16, 2024
This rule applies to operations defined as concentrated animal
feeding operations under division (F) of section
903.01 of the Revised Code and
includes the following animals: mature dairy cows, either milking or dry;
cattle other than mature dairy cows or veal calves. Cattle other than mature
dairy cows includes but is not limited to heifers, steers, and bulls. This rule
does not apply to such concentrated animal feeding operations with less than
the following capacities: seven hundred mature dairy cows whether milked or
dry; one thousand cattle other than mature dairy cows or veal calves.
(A) Effluent limitations attainable by the
application of the best practicable control technology currently available
(BPT). Except as provided in rule
901:10-3-08 of the
Administrative Code, any existing point source subject to this rule must
achieve the following effluent limitations representing the application of BPT:
(1) For the concentrated animal feeding
operation production areas. Except as provided in paragraphs (A)(1) to (A)(2)
of this rule, there must be no discharge of manure into waters of the state
from the production area.
(a) Whenever
precipitation causes an overflow of manure, pollutants in the overflow may be
discharged into waters of the state provided:
(i) The production area is designed,
constructed, operated and maintained to contain all manure including the runoff
and the direct precipitation from a twenty-five year, twenty-four hour rainfall
event;
(ii) The production area is
operated in accordance with the requirements set forth in the manure management
plan in rule
901:10-2-08 of the
Administrative Code and the records required by rule
901:10-2-16 of the
Administrative Code.
(b)
Voluntary alternative performance standards. Any concentrated animal feeding
operation subject to this rule may request the director to establish NPDES
permit effluent limitations based upon site-specific alternative technologies
that achieve a quantity of pollutants that would be discharged under the
baseline performance standards as provided by paragraph (A)(1)(a) of this rule.
(i) Supporting information. In requesting
site-specific effluent limitations to be included in the NPDES permit, the
concentrated animal feeding facility owner or operator must submit a supporting
technical analysis and any other relevant information and data that would
support such site-specific effluent limitations within the time frame provided
by the director. The supporting technical analysis must include calculation of
the quantity of pollutants discharged, on a mass basis where appropriate, based
on a site-specific analysis of a system designed, constructed, operated and
maintained to contain all manure including the runoff from a twenty-five year,
twenty-four hour rainfall event. The technical analysis of the discharge of
pollutants must include:
(a) All daily inputs
to the manure storage or treatment facility, including manure, direct
precipitation, and runoff.
(b) All
daily outputs from the manure storage or treatment facility, including losses
due to evaporation, manure residuals removal, and the removal of process
wastewater or process generated wastewater for use on cropland at the
concentrated animal feeding operation or transport off site.
(c) A calculation determining the predicted
median annual overflow volume based on a twenty-five year period of actual
rainfall data applicable to the site.
(d) Site-specific pollutant data, including
N, P, BOD5, and total suspended solids (TSS) for the concentrated animal
feeding operation from representative sampling and analysis of all sources of
input to the storage system or other pollutant data.
(e) Predicted annual average discharge of
pollutants, expressed where appropriate as a mass discharge on a daily basis
(lbs/day), and calculated considering paragraphs (A)(1)(b)(i)(a) to
(A)(1)(b)(i)(d) of this rule.
(ii) The director has the discretion to
request additional information to supplement the supporting technical analysis,
including inspection of the concentrated animal feeding operation.
(c) The concentrated animal
feeding operation shall attain the limitations and requirements of this rule as
of the date of permit coverage.
(2) For concentrated animal feeding operation
land application areas.
Discharges from land application areas are subject to the
following requirements:
(a) Develop
and implement the best management practices set forth for the manure management
plan in paragraph (A)(1) of rule
901:10-2-07 of the
Administrative Code;
(b) Maintain
the records specified in rule
901:10-2-16 of the
Administrative Code; and
(c) The
concentrated animal feeding operation shall attain the limitations and
requirements of this rule by December 31, 2006.
(B) Effluent limitations attainable by the
application of the best conventional pollutant control technology (BCT).
Except as provided in rule
901:10-3-08 of the
Administrative Code, any existing point source subject to this rule must
achieve the following effluent limitations representing the application of
BCT:
(1)
For the concentrated animal feeding operation
production areas: the operation shall attain the requirements in paragraph
(A)(1) of this rule.
(2)
For the land
application areas: The operation shall attain the same limitations and
requirements set forth for the manure management plan in paragraph (A)(2) of
this rule.
(C) Effluent
limitations attainable by the application of the best available technology
economically achievable (BAT). Except as provided in
rule 901:10-3-08 of the
Administrative Code, any existing point source subject to this rule must
achieve the following effluent limitations representing the application of
BAT:
(1)
For concentrated animal feeding operation
production areas: The operation shall attain the same limitations and
requirements set forth in paragraph (A)(1) of this rule.
(2)
For the operation land application areas: the
facility shall attain the same limitations and requirements as those set forth
for the manure management plan in paragraph (A)(2) of this rule.
(D) New source performance
standards (NSPS). Any new point source subject to this
rule must achieve the following effluent limitations representing the
application of NSPS:
(1)
For the concentrated animal feeding operation
production areas, the facility shall comply with the requirements of paragraph
(A)(1) of this rule.
(2)
For the land
application areas, the operation shall attain the requirements as listed for
the manure management plan in paragraph (A)(1) of rule
901:10-2-07 of the
Administrative Code and the records required in rule
901:10-2-16 of the
Administrative Code.
(3)
The facility shall
attain the limitations and requirements of this rule as of the date of permit
coverage.
(4)
Any source subject
to this rule that commenced discharging after April 14, 1993 and prior to April
14, 2003 which was a new source subject to the standards specified in paragraph
(C) of rule
901:10-3-03 of the
Administrative Code, revised as of July 1, 2002, must continue to achieve those
standards for the applicable time period specified in
40 CFR
122.29(d)(1). Thereafter,
the source must achieve the standards specified in paragraphs (A)(1) and (A)(2)
of this rule.
Effective:
6/8/2014
R.C. 119.032 review dates:
03/21/2014 and
06/08/2019
Promulgated
Under: 119.03
Statutory Authority: 903.08, 903.10
Rule
Amplifies: 903.01, 903.08, 903.09, 903.10
Prior Effective Dates:
9/1/2011, 1/23/2009, 9/15/2005
