Section 3745-54-94 - Concentration limits(A) The facility permit shall specify the concentration limits in the ground water for hazardous constituents established under rule 3745-54-93 of the Administrative Code. The concentration of a hazardous constituent : (1) Shall not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit; or(2) For any of the constituents listed in the table in this rule, the concentration of the constituent shall not exceed the respective value given in the table in this rule if the background level of the constituent is below the value given in the table in this rule; or(3) Shall not exceed an alternate limit established in the permit under paragraph (B) of this rule.(B) The director will establish an alternate concentration limit for a hazardous constituent if the director finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the director shall consider the following factors :(1) Potential adverse effects on ground water quality, considering :(a) The physical and chemical characteristics of the waste in the regulated unit, including the waste's potential for migration;(b) The hydrogeological characteristics of the facility and surrounding land;(c) The quantity of ground water and the direction of ground water flow;(d) The proximity and withdrawal rates of ground water users;(e) The current and future use of ground water in the area;(f) The existing quality of ground water, including other sources of contamination and the cumulative impact of such contamination on the ground water quality;(g) The potential for health risks caused by human exposure to waste constituents;(h) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;(i) The persistence and permanence of the potential adverse effects; and(2) Potential adverse effects on hydraulically-connected surface water quality, considering : (a) The volume and physical and chemical characteristics of the waste in the regulated unit;(b) The hydrogeological characteristics of the facility and surrounding land;(c) The quantity and quality of ground water, and the direction of ground water flow;(d) The patterns of rainfall in the region;(e) The proximity of the regulated unit to surface waters;(f) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;(g) The existing quality of surface water, including other sources of contamination and the cumulative impact of such contamination on surface water quality;(h) The potential for health risks caused by human exposure to waste constituents;(i) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and(j) The persistence and permanence of the potential adverse effects.(C) In making any decision under paragraph (B) of this rule about the use of ground water in the area around the facility, the director will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.8. Table: Maximum Concentration of Constituents for Ground Water Protection
Constituent | Maximum Contaminant Concentration (milligrams per liter) |
Antimony | 0.006 |
Arsenic | 0.010 |
Barium | 2.0 |
Benzene | 0.005 |
Benzo(a)pyrene (PAHs) | 0.0002 |
Beryllium | 0.004 |
Bis(2ethylhexyl)pthalate | 0.006 |
Cadmium | 0.005 |
Carbofuran | 0.04 |
Carbon tetrachloride | 0.005 |
Chlordane | 0.002 |
Chlorobenzene | 0.1 |
Chromium (total) | 0.1 |
Copper | 1.3 * |
Cyanide (as free cyanide) | 0.2 |
2,4-D | 0.07 |
1,2-Dibromo-3-chloropropane (DBCP) | 0.0002 |
o-Dichlorobenzene | 0.6 |
p-Dichlorobenzene | 0.075 |
1,2-Dichloroethane | 0.005 |
1,1-Dichloroethylene | 0.007 |
cis-1,2-Dichloroethylene | 0.07 |
trans-1,2-Dichloroethylene | 0.1 |
Dichloromethane (Methylene chloride) | 0.005 |
1,2-Dichloropropane (Propylene dichloride) | 0.005 |
Dinoseb | 0.007 |
Endrin | 0.002 |
Ethylbenzene | 0.7 |
Ethylene dibromide | 0.00005 |
Heptachlor | 0.0004 |
Heptachlor epoxide | 0.0002 |
Hexachlorobenzene | 0.001 |
Hexachlorocyclopentadiene | 0.05 |
Lead | 0.015 * |
Lindane | 0.0002 |
Mercury (inorganic) | 0.002 |
Methoxychlor | 0.04 |
Pentachlorophenol | 0.001 |
Polychlorinated biphenyls (PCBs) | 0.0005 |
Selenium | 0.05 |
Styrene | 0.1 * |
Tetrachloroethylene | 0.005 |
Thallium | 0.002 |
Toluene | 1.0 |
Toxaphene | 0.003 |
2,4,5-TP (Silvex) | 0.05 |
1,2,4-Trichlorobenzene | 0.07 |
1,1,1-Trichoroethane (Methyl chloroform) | 0.2 |
1,1,2-Trichloroethane | 0.005 |
Trichloroethylene | 0.005 |
Vinyl chloride | 0.002 |
Xylene | 10.0 |
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* Action level, not a maximum contaminant limit. | |
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Ohio Admin. Code 3745-54-94
Effective: 10/23/2022
Five Year Review (FYR) Dates: 7/20/2022 and 07/20/2027
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 04/01/1990, 12/07/2004, 03/17/2012, 02/12/2018