Chapter 3745-33 of the Ohio Administrative Code (OAC) contains the administrative and technical requirements for writing and obtaining individual wastewater discharge permits under the National Pollutant Discharge Elimination System (NPDES) permit program. The NPDES program was created in 1972 by the Clean Water Act (CWA) to help address water pollution. NPDES permits authorize the discharge of pollutants at levels that ensure water quality standards are being met. The NPDES program regulates any facility that discharges pollutants to waters of the state, including publicly owned treatment works (POTWs), businesses and industries.
Ohio was authorized by U.S. EPA to implement the NPDES Program under the CWA Section 402(b) and 40 C.F.R. Part 123 on March 11, 1974. Authorized states assume permitting authority and are required to administer the program in a manner no less stringent than the CWA and regulations adopted or subsequently amended by U.S. EPA.
What types of changes are being considered?
The Agency is reviewing the existing rules in OAC Chapter 3745-33 in accordance with the five-year rule review requirements in Ohio Revised Code (ORC) 106.03. The following significant revisions are being considered at this time:
3745-33-02 Ohio NPDES Permit Required
Change to paragraph (C) to remove “unless required by 6111.03”. The rule change is proposed as “No Ohio NPDES permit shall be required for any discharge exempted from the NPDES permit system by the act or mandatory regulations adopted or subsequently amended by the administrator.”
3745-33-03 Applications
To require all applications be filed electronically.
Updates to paragraph (D)’s comment on common application deficiencies.
Changes to paragraph (F) to be consistent with 40 CFR 122.22. This includes changing “duly authorized employee” to “duly authorized representative” and adding paragraph on Changes to authorization” and electronic signature.
The list of parameters exempt from treatment additive approval has been updated.
3745-33-04 Permit Actions
To require permit modifications, transfers, terminations and revocations to be filed electronically.
Minor modifications for incorporating monitoring or effluent limits for treatment additives to include peracetic acid and hydrogen peroxide.
Minor modifications to include changing the name of the person to whom the NPDES permit is issued.
3745-33-05 Authorized Discharge Levels
Restructured paragraph (C)(3) and made updates to be consistent with 40 CFR 122.45.
3745-33-08 Generic Permit Conditions
Added language to require that all reports required under (A) shall be signed pursuant to OAC 3745-33-03 or a duly authorized representative, consistent with 40 CFR 122.22. This section defines a duly authorized representative.
In (A)(8), removed “regardless of the quality of the effluent" consistent with 40 CFR 122.41.
In (A)(12), added a telephone number to be included on permanent signs.
3745-33-09 Best Management Practices
In (B)(1)(d), Pollutant Minimization Program, removed the March first date for annual status reports.
In (C)(3), clarify that Toxic Organic Management Plan certification eligibility requirements apply to both indirect and direct dischargers. Minor changes to be consistent with the federal rule.
How can I get more information?
Information is available on the Ohio EPA Division of Surface Water website:
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