To protect Ohio's water resources, Ohio EPA issues National Pollutant Discharge Elimination System (NPDES) permits. These permits set limits on the type and quantity of pollutants that can be discharged. It also includes other requirements necessary to protect human health and the environment. This is an overview of the process for issuing individual NPDES permits. The series of steps for a particular permit may vary somewhat depending on the size, nature, and complexity of the discharge.

NPDES Permit Process

Application Review

Applicants complete an electronic NPDES application via Ohio EPA eBusiness Center. Visit DSW's Electronic Business Services website for more information, quick guides, and technical assistance contacts.

The Agency publishes a notice in its Weekly Review and in a local newspaper that it has received the NPDES application.

Ohio EPA conducts a detailed technical review of the completed application. If necessary, the Agency requests additional information from the applicant. Ohio EPA can consider factors such as:

• whether a facility complies with all industry treatment standards;
• whether it employs the best available treatment technology;
• whether a facility’s discharge will maintain all applicable water quality standards; and
• whether a facility will comply with all regulations necessary to protect human health and aquatic life.

The Agency cannot consider how popular or unpopular a facility may be, who owns the facility or their personal/professional background.

The antidegradation rule is part of Ohio’s water quality standards. It applies to NPDES permits that would result in an increase in the discharge of a regulated pollutant. If antidegradation applies, it may require a more extensive evaluation of potential environmental, social and economic impacts. It requires an expanded public notification process, and may provide other public involvement opportunities.

NPDES Permit Development

Ohio EPA develops the NPDES permit, which can take up to 180 days. This process includes data acquisition, federal and state regulatory requirements, stream assessment, wasteload allocation, and antidegradation review. A water quality permit support document may be developed. Effluent limits and monitoring requirements are determined and, if necessary, a factsheet is prepared that outlines the decision making process and provides the technical justification for the permit limits, monitoring requirements, and other permit conditions. The fact sheet also serves to inform the public of the procedure for providing information for the Agency to consider prior to issuing a final permit.

Data Acquisition

The first step in developing an NPDES permit is acquisition of chemical, physical, and biological data from the field and laboratory. Instream chemical data are collected to determine the effect of the discharge on receiving water and sediment quality. Biological data are collected to determine if the discharge is having an impact on the fish and macroinvertebrate organisms that live in the receiving water. Effluent chemical data are also obtained to establish an accurate portrayal of current discharge conditions. Instream chemical data and stream physical data, such as cross section measurements and flow, are necessary for conducting water quality modeling.

Consideration of Regulatory Requirements

As part of developing effluent limits and monitoring requirements, the water quality standards that apply to the receiving water are determined, and federal effluent guidelines are consulted for applicability. Permit conditions are developed based on the applicable regulatory requirements to address issues such as new or expanded discharges, combined sewer overflows, sludge disposal, and industrial pretreatment programs.

Development of WQPSDs

Ohio EPA develops Water Quality Permit Support Documents (WQPSD), which incorporate a stream assessment, the wasteload allocation, and the antidegradation review. The WQPSD takes a holistic look at a discharger's impact on a stream, evaluating the total impact of the facility rather than just a pipe-by-pipe analysis.

Information considered in developing the WQPSD may include:

• Information and data from the permit renewal application
• Effluent chemical data
• Instream chemical data
• Instream sediment data
• The SARA toxic release inventory
• Whole effluent toxicity test results
• Intensive biological and chemical water quality survey results
• Ohio EPA Division of Environmental Response and Revitalization chemical spills database
• Ohio Department of Natural Resources fish kill records
• Fish tissue analysis
• Wasteload allocation report

One component of the WQPSD is the wasteload allocation. Using stream modeling techniques, water quality under various design conditions can be projected. These techniques, ranging from a simple mass balance method to a complex water quality model, are used to determine what quality effluent a facility must discharge to maintain instream water quality standards.

Preparation of Draft Permit and Fact Sheet

Effluent limits and monitoring requirements are determined using the WQPSD, a consideration of federal regulations, state regulations, Division of Surface Water policies and guidance, and application of risk management decisions. A fact sheet is prepared that outlines the decision making process and provides the technical justification for the permit limits, monitoring requirements, and other permit conditions. The fact sheet also serves to inform the public of the procedure for providing information for the Agency to consider prior to issuing a final permit.

Public Notice and Review

Ohio EPA issues a new permit or a renewal permit in draft form for a 30-day comment period. A proposed permit modification also has a 30-day comment period. A public notice is placed in a local newspaper to inform citizens of this preliminary staff recommendation.

During the 30-day comment period, any interested person may submit written comments on the draft permit or the proposed permit modification, or request a public meeting or hearing. If there is significant public interest, Ohio EPA holds a public hearing during which concerned citizens or other interested parties may provide oral and written comments to the Agency. Ohio EPA considers all written and oral comments and prepares a written response.

Once the public notice period has ended, all written and oral comments are considered, appropriate changes are made to the permit, and then Agency staff make a final recommendation to the director of Ohio EPA. The director may: issue a final permit; issue a final permit modification; deny a final permit; deny a permit modification; or request additional information from the applicant.

Final Permit Issued

Once the public notice period has ended, all comments are addressed before issuance of the final NPDES permit. Once a final permit is issued, it may be appealed within 30 days to the Environmental Review Appeals Commission

Once a final permit is issued, it may be appealed within 30 days to the Environmental Review Appeals Commission. Any person who would be adversely affected by the final permit may file an appeal with the Environmental Review Appeals Commission (ERAC):

Environmental Review Appeals Commission
77 South High Street, 17th Floor
Columbus, Ohio 43215
Phone: (614) 466-8950

The appeal must be in writing and specify the action being appealed and the basis for the appeal. It must be filed at ERAC within 30days of when the director’s final action is issued. A copy of the appeal must be received by the director of Ohio EPA within three days of filing with ERAC. More information about ERAC can be found at erac.ohio.gov.

Any person who would be adversely affected by the proposed approval or denial of a modification may file a request for an adjudication hearing with Ohio EPA’s hearing clerk:

Ohio EPA, Office of Legal Services
Hearing Clerk
P.O. Box 1049
Columbus, Ohio 43216-1049
(614) 644-3037

The hearing request must be in writing and specify the issues being contested. It must be filed within 30 days of when the proposed approval or denial of the modification is issued. Only changes in the permit that are proposed in the modification may be contested. NPDES permits can last up to five years, then they must be renewed. In Ohio, most permits are effective for four or five years.