Ohio Administrative Code
Title 901:10 - Livestock Environmental Permitting
Chapter 901:10-3 - NPDES Permits
Section 901:10-3-06 - Swine, poultry, and veal calves
Universal Citation: OH Admin Code 901:10-3-06
Current through all regulations passed and filed through September 16, 2024
(A) This rule applies to operations defined as concentrated animal feeding operations and includes the following animals: swine; chickens; turkeys; and veal calves. This rule does not apply to such operations with less than the following capacities: two thousand five hundred swine each weighing fifty-five pounds or more; ten thousand swine each weighing less than fifty-five pounds; thirty thousand laying hens or broilers if the facility uses a liquid manure handling system; one hundred twenty- five thousand chickens other than laying hens if the facility uses other than a liquid manure handling system; eighty-two thousand laying hens if the facility uses other than a liquid manure handling system; fifty-five thousand turkeys; and one thousand veal calves.
(B) 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 production areas. Except as provided
in paragraph (B)(1)(a) of this rule, there must be no discharge of manure into
waters of the state from the production area. The limitations and requirements
of this paragraph must be attained as of the date of permit coverage.
(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; and
(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 CAFO subject to this subpart
may request the director to establish " NPDES" permit effluent limitations based upon site-specific
alternative technologies that achieve a quantity of pollutants discharged from
the production area equal to or less than the quantity of pollutants that would
be discharged under the baseline performance standards as provided by paragraph
(B)(1) of this rule.
(i) Supporting
information. In requesting site-specific effluent limitations to be included in
the NPDES permit, the CAFO permittee 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, litter, and
process wastewater, 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 storage system, including manure, litter, all process waste waters,
direct precipitation, and runoff.
(b) All daily outputs from the storage
system, including losses due to evaporation, sludge removal, and the removal of
waste water for use on cropland at the CAFO 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, TSS, for the CAFO from representative sampling and analysis of all
sources of input to the storage system, or other appropriate 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 (B)(1)(b)(i)(a) to
(B)(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 " CAFO."
(c) The "
CAFO" shall attain the limitations and
requirements of this paragraph as of the date of permit coverage.
(2) For the land application
areas.
(a) The operation shall attain the same
limitations and requirements listed for the manure management plan in paragraph
(A)(1) of rule
901:10-2-07 of the
Administrative Code and record keeping requirements in rule
901:10-2-16 of the
Administrative Code.
(b) The
operation shall attain the limitations and requirements of this paragraph by
December 31, 2006.
(C) Effluent limitations attainable by the application of the best conventional pollutant control technology (" BCT").
(1) 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":
(a) For operation production areas: the
operation shall attain the same limitations and requirements in paragraph
(B)(1) of this rule.
(b) For the
land application areas: the operation shall attain the same limitations and
requirements in paragraph (B)(2) of this rule.
(D) 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 production areas: the concentrated
animal feeding operation shall attain the same limitations and requirements in
paragraph (B)(1) of this rule.
(2)
For land application areas: the concentrated animal feeding operation shall
attain the same limitations and requirements listed in paragraph (B)(2) of this
rule.
(E) New source performance standards (" NSPS").
Any new source subject to this rule must achieve the following effluent limitations representing the application of " NSPS."
(1) For production areas: there must be no
discharge of manure into waters of the state from the production area, subject
to paragraphs (E)(1)(a) to (E)(1)(c) of this rule.
(a) A new source subject to this rule may
request that the director establish " NPDES" permit best management practice effluent limitations
designed to ensure no discharge of manure, litter, or process wastewater based
upon a site-specific evaluation of the concentrated animal feeding operation's
open surface manure storage or treatment facilities. The
" NPDES" permit
best management practice effluent limitations must address the
" CAFO's" entire
production area. In the case of any " CAFO" using an open surface manure storage or treatment
facility for which the director establishes such effluent limitations, no
discharge of manure as used in this section, means that the manure storage or
treatment facility is designed, operated, and maintained in accordance with
best management practices established by the director on a site-specific basis
after a technical evaluation of the manure storage or treatment facility. The
technical evaluation must address the elements established in
40 CFR
412.46(a)(1) (November 20,
2008). Manure storage or treatment facilities designed, constructed, operated,
and maintained consistent with the analysis conducted in
40 CFR
412.46(a)(1)(i) to
(a)(1)(vii) (November 20, 2008) and operated
in accordance with the manure management plan and records required by rules
901:10-2-08 and
901:10-2-16 of the
Administrative Code will fulfill the requirements of this rule. The director
has the discretion to request additional information to support a request for
effluent limitations based on a site-specific open surface manure storage
structure.
(b) The production area
shall be 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.
(c) Provisions
for upset/bypass, as provided in paragraphs (T) and (U) of rule
901:10-3-10 of the
Administrative Code, apply to a new source subject to paragraph (D) of this
rule.
(2) For land
application areas: the operation shall comply with the requirements listed for
the manure management plan required by paragraph (B)(1) of rule
901:10-2-07 of the
Administrative Code and the recordkeeping requirements of rule
901:10-2-16 of the
Administrative Code.
(3) The
operation shall attain the limitations and requirements of paragraph (E) 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
40 CFR
412.15, (July 1, 2002), must continue to
achieve those standards for the applicable time period specified in 40 CFR
122.29(d)(1)
(May 15, 2000). Thereafter, the source must achieve the standards specified in
paragraphs (A)(1) and (A)(2) of this rule.
(5) Any source subject to this rule that
commenced discharging after April 14, 2003 and prior to January 20, 2009 which
was a new source subject to the standards specified in
40 CFR
412.46(a) to (d) in the July
1, 2008 edition of 40 CFR part 439, must continue to achieve those standards
for the applicable time period specified in 40 CFR
122.29(d)(1)
(May 15, 2000).
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