Chapter 3745-1 Water Quality Standards

3745-1-01 [Effective until 2/6/2017] Purpose and applicability.

(A) It is the purpose of these water quality standards, Chapter 3745-1 of the Administrative Code, to establish minimum water quality requirements for all surface waters of the state, thereby protecting public health and welfare; and to enhance, improve and maintain water quality as provided under the laws of the state of Ohio, section 6111.041 of the Revised Code, the federal Clean Water Act, 33 U.S.C. section 1251 et seq., and rules adopted thereunder.

(B) Whenever two or more use designations apply to the same surface water, the more stringent criteria of each use designation will apply.

(C) These water quality standards will apply to all surface waters of the state except as provided in paragraph (D), (E), or (F) of this rule. Compliance schedules may be granted pursuant to rule 3745-33-05 of the Administrative Code.

(D) These water quality standards will not apply to water bodies when the flow is less than the critical low-flow values determined in rule 3745-2-05 of the Administrative Code.

(E) The following exceptions will apply only to the specific water quality criteria involved in each case for a reasonable period of time as determined by the director.

(1) Whenever chemicals are applied for control of aquatic plants or animals, notice must be given to the director before chemicals are applied. The director, upon receiving such notice, may order that chemicals not be applied if he concludes that the proposed application would pose an unreasonable danger to human or aquatic life. The application of pesticides registered under the Federal Insecticide. Fungicide and Rodenticide Act ( 7 U.S.C. 136 et seq.) are permitted without notification to the director when:

(a) The pesticide is applied in accordance with label instructions; and

(i) The application is to a pond or lake with a surface area equal to or less than five acres; and

(ii) The application is not within one mile upstream of a public water supply intake or within one mile of a reservoir public water supply intake; and

(iii) The application is not to any wetland, borrow pit, quarry or water body used for public swimming.

(b) The pesticide is applied under the direction of a local health department or other government agency in a mosquito abatement program.

(2) Whenever dredging or construction activities occur on or near water bodies or during the period of time when the aftereffects of dredging or construction activities degrade water quality and such activities have been authorized by the United States army corps of engineers and/or by a 401 water quality certification or an isolated wetland permit issued by the Ohio environmental protection agency.

(3) Whenever coal remining permits are issued pursuant to section 301(p) of the act. This exception applies to pH, iron and manganese for the duration of the remining activity. This exception applies only if: there is a demonstrated potential for improved water quality from the remining operation; and no degradation of existing instream conditions occurs.

(F) Temporary variances. The director may grant temporary variances from compliance with water quality criteria applicable by this chapter pursuant to rule 3745-33-07 of the Administrative Code.

Eff 2-14-78; 4-4-85; 5-1-90; 10-31-97; 4-17-01 (Emer.); 12-30-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 6111.041
Rule amplifies: RC 6111.041
R.C. 119.032 review dates: 3/25/2002 and 12/30/2007

3745-1-01 [Effective 2/6/2017] Purpose and applicability.

[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 3745-1-03 of the Administrative Code.]

(A) It is the purpose of these water quality standards, in this chapter, to establish minimum water quality requirements for all surface waters of the state, thereby protecting public health and welfare; and to enhance, improve and maintain water quality as provided under the laws of the state of Ohio, section 6111.041 of the Revised Code, the federal Clean Water Act, and rules adopted thereunder.

(B) Whenever two or more use designations apply to the same surface water, the more stringent criteria of each use designation will apply.

(C) These water quality standards will apply to all surface waters of the state except as provided in paragraph (D), (E), or (F) of this rule. Compliance schedules may be granted pursuant to rule 3745-33-05 of the Administrative Code.

(D) These water quality standards will not apply to water bodies when the flow is less than the critical low-flow values determined in rule 3745-2-05 of the Administrative Code.

(E) The following exceptions will apply only to the specific water quality criteria involved in each case for a reasonable period of time as determined by the director.

(1) Whenever chemicals are applied for control of aquatic plants or animals, notice must be given to the director before chemicals are applied. The director, upon receiving such notice, may order that chemicals not be applied if the director concludes that the proposed application would pose an unreasonable danger to human or aquatic life. The application of pesticides registered under the Federal Insecticide, Fungicide and Rodenticide Act are permitted without notification to the director when:

(a) The pesticide is applied in accordance with label instructions .

(i) The application is to a pond or lake with a surface area equal to or less than five acres .

(ii) The application is not within one mile upstream of a public water supply intake or within one mile of a reservoir public water supply intake .

(iii) The application is not to any wetland, borrow pit, quarry or water body used for public swimming.

(b) The pesticide is applied under the direction of a local health department or other government agency in a mosquito abatement program.

(2) Whenever dredging or construction activities occur on or near water bodies or during the period of time when the aftereffects of dredging or construction activities degrade water quality and such activities have been authorized by the United States army corps of engineers or by a 401 water quality certification or an isolated wetland permit issued by the Ohio environmental protection agency.

(3) Whenever coal remining permits are issued pursuant to section 301(p) of the act. This exception applies to pH, iron and manganese for the duration of the remining activity. This exception applies only if: there is a demonstrated potential for improved water quality from the remining operation; and no degradation of existing instream conditions occurs.

(F) Temporary variances. The director may grant temporary variances from compliance with water quality criteria applicable by this chapter pursuant to rule 3745-1-38 of the Administrative Code.

Effective: 2/6/2017
Five Year Review (FYR) Dates: 12/30/2007
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 2/14/1978, 4/4/1985, 5/1/1990, 10/31/1997, 4/17/2001 (Emer.), 12/30/2002

3745-1-02 [Effective until 2/6/2017] Definitions.

(A) Acronyms and abbreviations used in Chapter 3745-1 of the Administrative Code shall be defined as listed below.

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AAC Acute aquatic criterion

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AAV Acute aquatic value

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ACR Acute-chronic ratio

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ADE Acceptable daily exposure

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BAF Bioaccumulation factor

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BCC Bioaccumulative chemical of concern

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BCF Bioconcentration factor

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BSAF Biota-sediment accumulation factor

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BW Body weight

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CAC Chronic aquatic criterion

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CAV Chronic aquatic value

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CBOD 5 Five-day carbonaceous biochemical oxygen demand

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CCC Criterion continuous concentration

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C.F.R. Code of federal regulations

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CMC Criterion maximum concentration

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DOC Dissolved organic carbon

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ECBP Eastern corn belt plains ecoregion

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EC 50 Median effective concentration

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EOLP Erie/Ontario lake plain ecoregion

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EPA Environmental protection agency

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FACR Final acute-chronic ratio

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FAV Final acute value

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FCM Food-chain multiplier

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FCV Final chronic value

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FPV Final plant value

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GMAV Genus mean acute value

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GMCV Genus mean chronic value

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HCC Human cancer criterion

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HCV Human cancer value

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HELP Huron/Erie lake plain ecoregion

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HNC Human noncancer criterion

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HNV Human noncancer value

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IMZM Inside mixing zone maximum

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IP Interior plateau ecoregion

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IRIS Integrated risk information system

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K OW Octanol-water partition coefficient

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LC 50 Median lethal concentration

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ln Natural logarithm

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LOAEL Lowest observed adverse effect level

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log Base ten logarithm

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MF Membrane filter

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MPN Most probable number

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NIPDWR National interim primary drinking water regulations

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NOAEL No observed adverse effect level

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NPDES National pollutant discharge elimination system

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OMZA Outside mixing zone average

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OMZM Outside mixing zone maximum

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POC Particulate organic carbon

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POTW Publicly owned treatment works

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q 1* Cancer slope factor

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RAD Risk associated dose

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RSC Relative source contribution

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S Soluble

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SACR Secondary acute-chronic ratio

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SAF Secondary acute factor

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SAR Structure-activity relationship

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SAV Secondary acute value

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SMAV Species mean acute value

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SMCV Species mean chronic value

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T Total

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TD Test dose

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temp Temperature

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TL Trophic level

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TR Total recoverable

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UF Uncertainty factor

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U.S.C. United States Code

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WAP Western Allegheny plateau ecoregion

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WV Wildlife value

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(B) Technical words used in Chapter 3745-1 of the Administrative Code shall be defined as listed below.

(1) "Acceptable daily exposure" or "ADE" means an estimate of the maximum daily dose of a substance which is not expected to result in adverse noncancer effects to the general human population, including sensitive subgroups.

(2) "Act" means the federal Water Pollution Control Act, 33 U.S.C. 1251 et seq. (as amended).

(3) "Acute aquatic criterion" or "AAC" means the Ohio EPA estimation of the highest instream concentration of a chemical to which aquatic organisms can be exposed for a brief period of time without causing mortality.

(4) "Acute-chronic ratio" or "ACR" means a standard measure of the acute toxicity of a material divided by an appropriate measure of the chronic toxicity of the same material under comparable conditions.

(5) "Acute toxicity" means adverse effects that result from an acute exposure and occur within any short observation period which begins when the exposure begins, and usually does not constitute a substantial portion of the life span of the organism.

(6) "Adverse effect" means any deleterious effect to organisms due to exposure to a substance. This includes effects which are or may become debilitating, harmful or toxic to the normal functions of the organism, but does not include non-harmful effects such as tissue discoloration alone or the induction of enzymes involved in the metabolism of the substance.

(7) "Ambient water temperature" means the spatial (longitudinal, lateral and vertical) and temporal water temperature measured in the receiving body of water prior to a specific waste heat discharge, and is outside the influence of any thermal mixing zone.

(8) "Average temperature" represents the arithmetic mean of multiple daily average temperatures over a consecutive fifteen- or thirty-day period.

(9) "Baseline BAF" means:

(a) For organic chemicals, a BAF that is based on the concentration of freely dissolved chemical in the ambient water and takes into account the partitioning of the chemical within the organism; and

(b) For inorganic chemicals, a BAF that is based on the wet weight of the tissue.

(10) "Baseline BCF" means:

(a) For organic chemicals, a BCF that is based on the concentration of freely dissolved chemical in the ambient water and takes into account the partitioning of the chemical within the organism; and

(b) For inorganic chemicals, a BCF that is based on the wet weight of the tissue.

(11) "Bioaccumulation" means the net accumulation of a substance by an organism as a result of uptake from all environmental sources.

(12) "Bioaccumulation factor" or "BAF" means the ratio (in 1/kg) of a substance's concentration in the tissue of an aquatic organism to its concentration in the ambient water, in situations where both the organism and its food are exposed and the ratio does not change substantially over time.

(13) "Bioaccumulative chemical of concern" or "BCC" is any chemical that has the potential to cause adverse effects which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor greater than one thousand, after considering metabolism and other physicochemical properties that might enhance or inhibit bioaccumulation, calculated in accordance with the methodology in rule 3745-1-37 of the Administrative Code. Chemicals with half-lives of less than eight weeks in the water column, sediment, and biota are not BCCs. The minimum BAF information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the BSAF methodology. The minimum BAF information needed to define an inorganic chemical, including an organometal, as a BCC is either a field-measured BAF or a laboratory-measured BCF. Bioaccumulative chemicals of concern include, but are not limited to, chlordane, 4,4'-DDD (p,p'-DDD, 4,4'-TDE, p,p'-TDE), 4,4'-DDE (p,p'-DDE), 4,4'-DDT (p,p'-DDT), dieldrin, hexachlorobenzene, hexachlorobutadiene (hexachloro-1,3-butadiene), hexachlorocyclohexanes (BHCs), alpha-hexachlorocyclohexane (alpha-BHC), beta-hexachlorocyclohexane (beta-BHC), delta-hexachlorocyclohexane (delta-BHC), lindane (gamma-hexachlorocyclohexane, gamma-BHC), mercury, mirex, octachlorostyrene, PCBs (polychlorinated biphenyls), pentachlorobenzene, photomirex, 2,3,7,8-TCDD (dioxin), 1,2,3,4-tetrachlorobenzene, 1,2,4,5-tetrachlorobenzene, and toxaphene.

(14) "Bioconcentration" means the net accumulation of a substance by an aquatic organism as a result of uptake directly from the ambient water through gill membranes or other external body surfaces.

(15) "Bioconcentration factor" or "BCF" means the ratio (in 1/kg) of a substance's concentration in the tissue of an aquatic organism to its concentration in the ambient water, in situations where the organism is exposed through the water only and the ratio does not change substantially over time.

(16) "Biota-sediment accumulation factor" or "BSAF" means the ratio (in kg of organic carbon/kg of lipid) of a substance's lipid-normalized concentration in the tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment, in situations where the ratio does not change substantially over time, both the organism and its food are exposed, and the surface sediment is representative of average surface sediment in the vicinity of the organism.

(17) "°C" means degree(s) Celsius.

(18) "Carcinogen" means a substance which causes an increased incidence of benign or malignant neoplasms, or substantially decreases the time to develop neoplasms, in animals or humans. The classification of carcinogens is discussed in rule 3745-1-38 of the Administrative Code.

(19) "Chronic aquatic criterion" or "CAC" means the Ohio EPA estimation of the highest instream concentration of a chemical to which aquatic organisms can be exposed indefinitely without causing unacceptable effects (e.g., adverse effects on growth or reproduction)

(20) "Chronic toxicity" means concurrent and delayed adverse effects that occur only as a result of a chronic exposure. Chronic exposure is exposure of an organism for any long period or for a substantial portion of its life span.

(21) "Coldwater fish" means those species of fish that thrive in relatively cold water. These species include, but are not limited to, salmon and trout (Salmonidae), and may include sculpins (Cottidae), and certain minnow (Cyprinidae) species.

(22) "Confluence" means the point where two or more bodies of water flow together.

(23) "Criteria" mean elements of water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular designated use.

(24) "Criterion continuous concentration" or "CCC" means an estimate of the highest concentration of a material in the water column to which an aquatic community can be exposed indefinitely without resulting in an unacceptable effect.

(25) "Criterion maximum concentration" or "CMC" means an estimate of the highest concentration of a material in the water column to which an aquatic community can be exposed briefly without resulting in an unacceptable effect.

(26) "Daily average temperature" means the arithmetic mean of multiple temperature measurements to be taken at least once per hour during a twenty-four-hour day.

(27) "Degradation" means a lowering of the existing water quality in the surface waters of the state.

(28) "Depuration" means the loss of a substance from an organism as a result of any active or passive process.

(29) "Designated use" means a use of the surface waters of the state, established by the water quality standards, Chapter 3745-1 of the Administrative Code.

(30) "Director" means the director of the Ohio environmental protection agency.

(31) "Discharge" means the addition of any pollutant to the waters of the state from a point source.

(32) "E. coli" means a specific bacterial species included in the fecal coliform bacteria group, the presence of which in surface waters has been correlated with gastrointestinal illness in swimmers.

(33) "EC 50" means the median effective concentration and is a statistically or graphically estimated concentration that is expected to cause one or more specified effects in fifty per cent of a group of organisms under specified conditions.

(34) "Estuary" means the section of a lake Erie tributary near the mouth where tributary and lake Erie waters mix. This area is characterized by flow reversals and seiche influences and is generally located between the farthest downstream riffle of the tributary and lake Erie proper. All tributaries of estuaries shall be considered estuaries below the lake Erie mean high water level.

(35) "°F" means degree(s) Fahrenheit.

(36) "Fecal coliform" means the portion of the coliform group of bacteria which is present in the intestinal tract of warmblooded animals, and is evidence of the presence of human or animal wastes.

(37) "Final acute value" or "FAV" means:

(a) A calculated estimate of the concentration of a test material such that ninety-five per cent of the genera (with which acceptable acute toxicity tests have been conducted on the material) have higher GMAVs; or

(b) The SMAV of an important and/or critical species, if the SMAV is lower then the calculated estimate.

(38) "Final chronic value" or "FCV" means:

(a) A calculated estimate of the concentration of a test material such that ninety-five per cent of the genera (with which acceptable chronic toxicity tests have been conducted on the material) have higher GMCVs;

(b) The quotient of an FAV divided by an appropriate acute-chronic ratio; or

(c) The SMCV of an important and/or critical species, if the SMCV is lower than the calculated estimate or the quotient, whichever is applicable.

(39) "Final plant value" or "FPV" means the lowest plant value obtained with an important aquatic plant species in an acceptable toxicity test for which the concentrations of the test material were measured and the adverse effect was biologically important.

(40) "Food-chain multiplier" or "FCM" means the ratio of a BAF to an appropriate BCF. A food-chain multiplier is meant to account for accumulation of a chemical up the food chain attributable to predation (i.e., between successive trophic levels).

(41) "Genus mean acute value" or "GMAV" means the geometric means of the SMAVs for the genus.

(42) "Genus mean chronic value" or "GMCV" means the geometric mean of the SMCVs for the genus.

(43) "Geometric mean" means the Nth root of the product of N quantities.

(44) "Great Lakes system" means all the streams, rivers, lakes and other bodies of water within the drainage basin of the Great Lakes within the United States.

(45) "Human cancer criterion" or "HCC" is a human cancer value for a pollutant that meets the minimum data requirements for tier I as specified in rule 3745-1-38 of the Administrative Code.

(46) "Human cancer value" or "HCV" is the maximum ambient water concentration of a substance at which a lifetime of exposure from either: drinking the water, consuming fish from the water, and water-related recreation activities; or consuming fish from the water, and water-related recreation activities, will represent a plausible upper-bound risk of contracting cancer of one in one hundred thousand using the exposure assumptions specified in the methodologies for the development of human health criteria and values in rule 3745-1-38 of the Administrative Code.

(47) "Human noncancer criterion" or "HNC" is a human noncancer value for a pollutant that meets the minimum data requirements for tier I as specified in rule 3745-1-38 of the Administrative Code.

(48) "Human noncancer value" or "HNV" is the maximum ambient water concentration of a substance at which adverse noncancer effects are not likely to occur in the human population from lifetime exposure from either: drinking the water, consuming fish from the water, and water-related recreation activities; or consuming fish from the water and water-related recreation activities, using the methodologies for the development of human health criteria and values in rule 3745-1-38 of the Administrative Code.

(49) "Lake Erie drainage basin" means all the streams, rivers, lakes and other bodies of water within the drainage basin of lake Erie and within the United States.

(50) "LC 50" means the median lethal concentration and is a statistically or graphically estimated concentration that is expected to be lethal to fifty per cent of a group of organisms under specified conditions.

(51) "Linearized multistage model" means a conservative mathematical model for cancer risk assessment. This model fits linear dose-response curves to low doses. It is consistent with a no-threshold model of carcinogenesis, i.e., exposure to even a very small amount of the substance is assumed to produce a finite increased risk of cancer.

(52) "Lowest observed adverse effect level" or "LOAEL" means the lowest tested dose or concentration of a substance which results in an observed adverse effect in exposed test organisms when all higher doses or concentrations result in the same or more severe effects.

(53) "Maximum daily temperature" means the highest temperature observed in a twenty-four-hour day.

(54) "Micrograms per liter (ug/l)" means the micrograms of substance per liter of solution, and is equivalent to 10-9kilograms per liter or parts per billion, assuming unit density.

(55) "Milligrams per kilogram (mg/kg)" means the milligrams of substance per kilogram of weight.

(56) "Milligrams per liter (mg/l)" means the milligrams of substance per liter of solution, and is equivalent to 10-6kilograms per liter or parts per million, assuming unit density.

(57) "Mine drainage" means surface or groundwater flowing through or from mines and mine sites. It is usually characterized by concentrations of acidity or alkalinity, various heavy metals, sulfates, and dissolved solids.

(58) "Mixing zone" means an area of a water body contiguous to a treated or untreated wastewater discharge. The discharge is in transit and progressively diluted from the source concentration to the receiving system concentration. The mixing zone is a place where wastewater and receiving water mix, not a place where wastes are treated.

(59) "Nanograms per liter (ng/l)" means the nanograms of substance per liter of solution, and is equivalent to 10-12kilograms per liter or parts per trillion, assuming unit density.

(60) "Natural conditions" mean those conditions that are measured outside the influence of human activities.

(61) "No observed adverse effect level" or "NOAEL" means the highest tested dose or concentration of a substance which results in no observed adverse effect in exposed test organisms where higher doses or concentrations result in an adverse effect.

(62) "Nonpoint source" means any source of pollutants other than those defined as point sources.

(63) "Octanol-water partition coefficient" or "K ow" means the ratio of the concentration of a substance in the N-octanol phase to its concentration in the aqueous phase in an equilibrated two-phase octanol-water system. For log Kow, the log of the octanol-water partition coefficient is a base ten logarithm.

(64) "Ohio river drainage basin" means all the streams, rivers, lakes and other bodies of water within the drainage basin of the Ohio river.

(65) "pH" means the negative logarithm of the hydrogen ion activity concentrations when expressed as moles per liter or pH = -log(H+).

(66) "Picograms per liter (pg/1)" means the picograms of substance per liter of solution, and is equivalent to 10-15kilograms per liter or parts per quadrillion, assuming unit density.

(67) "Point source" means any discernible, confined or discrete conveyance from which a pollutant is or may be discharged to the surface waters of the state.

(68) "Pollutant" means sewage, industrial waste or other waste as defined by divisions (B) to (D) of section 6111.01 of the Revised Code.

(69) "Receiving waters" mean the surface waters of the state into which point and nonpoint sources flow.

(70) "Relative source contribution" or "RSC" means the factor (percentage) used in calculating a HNV or HNC to account for all sources of exposure to a contaminant. The RSC reflects the per cent of total exposure which can be attributed to surface water through water intake and fish consumption.

(71) "Representative aquatic species" mean those organisms, either natural or introduced, which presently exist or have existed in the surface waters of the state prior to July 1, 1977, with the exception of those banned species outlined in rule 1501:31-19-01 of the Administrative Code. In addition, it may include any species that are legally introduced into the surface waters of the state. Aquatic species designated as representative shall satisfy one or more of the following:

(a) Species which are particularly vulnerable to the existing or proposed environmental impact in question;

(b) Species which are commercially or recreationally valuable;

(c) Species which are threatened, rare, or endangered;

(d) Species which are critical to the structure and function of the aquatic community;

(e) Species whose presence is causally related to the existing or proposed environmental impact under examination;

(f) Species that are potentially capable of becoming localized nuisance species; or

(g) Species that are representative of the ecological, behavioral, and physiological requirements and characteristics of species determined in paragraphs (B)(71)(a) to (B)(71)(f) of this rule, but which themselves may not be representative.

(72) "Risk associated dose" or "RAD" means a dose of a known or presumed carcinogenic substance in (mg/kg)/day which, over a lifetime of exposure, is estimated to be associated with a plausible upper bound incremental cancer risk equal to one in one hundred thousand.

(73) "Slope factor" or "Q 1*" means the incremental rate of cancer development calculated through use of a linearized multistage model or other appropriate model. It is expressed in (mg/kg/day) of exposure to the chemical in question.

(74) "Species mean acute value" or "SMAV" means the geometric mean of the results of all acceptable flow-through acute toxicity tests (for which the concentrations of the test material were measured) with the most sensitive tested life stage of the species. For a species for which no such result is available for the most sensitive tested life stage, the SMAV is the geometric mean of the results of all acceptable acute toxicity tests with the most sensitive tested life stage.

(75) "Species mean chronic value" or "SMCV" means the geometric mean of the results of all acceptable life-cycle and partial life-cycle toxicity tests with the species; for a species of fish for which no such result is available, the SMCV is the geometric mean of all acceptable early life-stage tests.

(76) "Structure-activity relationship" or "SAR" means a mathematical relationship between a property (i.e., biological activity or response) of a chemical and a number of descriptors of the chemical. These descriptors are chemical or physical characteristics obtained experimentally or predicted from the structure of the chemical.

(77) "Surface waters of the state" or "water bodies" mean all streams, lakes, reservoirs, ponds, marshes, wetlands or other waterways which are situated wholly or partially within the boundaries of the state, except those private waters which do not combine or effect a junction with natural surface or underground waters. Waters defined as sewerage system, treatment works or disposal system in section 6111.01 of the Revised Code are not included.

(78) "Thermal mixing zone" means that portion of a water body into which waste heat is discharged and assimilated, and within which the average and maximum daily average temperatures do not apply, except as prescribed by this chapter.

(79) "Threatened or endangered species" mean those species of the state's biota which are threatened with statewide extirpation or national extinction, as listed in rule 1501:31-23-01 of the Administrative Code or 50 C.F.R. 17 or that are listed as endangered or threatened under section 4 of the Endangered Species Act, 16 U.S.C. 1531 et seq.(as amended).

(80) "Threshold effect" means an effect of a substance for which there is a theoretical or empirically established dose or concentration below which the effect does not occur.

(81) "Tier I criteria" mean numeric values derived by use of the tier I methodologies specified in rules 3745-1-36, 3745-1-38 and 3745-1-39 of the Administrative Code, that either have been adopted as numeric criteria into a water quality standard or are used to implement narrative water quality criteria.

(82) "Tier II values" means numeric values derived by use of the tier II methodologies specified in rules 3745-1-36 and 3745-1-38 of the Administrative Code that are used to implement narrative water quality criteria.

(83) "Toxic substances" mean any substances which can cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological or reproductive malfunction or physical deformities in any organism or its offspring, or which can become poisonous after concentration in the food chain or in combination with other substances.

(84) "Tributary" means a stream flowing into a larger body of water.

(85) "Uncertainty factor" or "UF" means one of several numeric factors used in operationally deriving criteria from experimental data to account for the quality or quantity of the available data.

(86) "Uptake" means acquisition of a substance from the environment by an organism as a result of any active or passive process.

(87) "Use attainability analysis" means a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors.

(88) "Warmwater fish" means those species of fish that inhabit relatively warm water. These species include, but are not limited to, bass; crappies and sunfish (Centrarchidae), and catfish (Ictaluridae), and may include certain suckers (Catostomidae), minnows (Cyprinidae), and perch and darter (Percidae) species.

(89) "Water quality standards" means the rules set forth in Chapter 3745-1 of the Administrative Code establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.

(90) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wetlands" includes swamps, marshes, bogs, and similar areas that are delineated in accordance with the 1987 United States army corps of engineers wetland delineation manual and any other procedures and requirements adopted by the United States army corps of engineers for delineating wetlands.

Eff 2-14-78; 4-4-85; 8-19-85; 5-1-90; 10-31-97; 12-30-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 6111.041
Rule amplifies: RC 6111.041
R.C. 119.032 review dates: 3/25/2002 and 12/30/2007

3745-1-02 [Effective 2/6/2017] Definitions.

[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 3745-1-03 of the Administrative Code.]

(A) Acronyms and abbreviations used in this chapter shall be defined as listed below.

AAC

Acute aquatic criterion

AAV

Acute aquatic value

ACR

Acute-chronic ratio

ADE

Acceptable daily exposure

AIM

Area of initial mixing

BAF

Bioaccumulation factor

BCC

Bioaccumulative chemical of concern

BCF

Bioconcentration factor

BSAF

Biota-sediment accumulation factor

BW

Body weight

CAC

Chronic aquatic criterion

CAV

Chronic aquatic value

CBOD5

Five-day carbonaceous biochemical oxygen demand

CCC

Criterion continuous concentration

C.F.R.

Code of federal regulations

CMC

Criterion maximum concentration

DOC

Dissolved organic carbon

ECBP

Eastern corn belt plains ecoregion

EC50

Median effective concentration

EOLP

Erie/Ontario lake plain ecoregion

EPA

Environmental protection agency

FACR

Final acute-chronic ratio

FAV

Final acute value

FCM

Food-chain multiplier

FCV

Final chronic value

FPV

Final plant value

GMAV

Genus mean acute value

GMCV

Genus mean chronic value

HCC

Human cancer criterion

HCV

Human cancer value

HELP

Huron/Erie lake plain ecoregion

HNC

Human noncancer criterion

HNV

Human noncancer value

IMZM

Inside mixing zone maximum

IP

Interior plateau ecoregion

IRIS

Integrated risk information system

KOW

Octanol-water partition coefficient

LC50

Median lethal concentration

ln

Natural logarithm

LOAEL

Lowest observed adverse effect level

log

Base ten logarithm

MF

Membrane filter

MPN

Most probable number

NIPDWR

National interim primary drinking water regulations

NOAEL

No observed adverse effect level

NPDES

National pollutant discharge elimination system

OMZA

Outside mixing zone average

 

OMZM

Outside mixing zone maximum

 

POC

Particulate organic carbon

 

POTW

Publicly owned treatment works

 

q1*

Cancer slope factor

 

RAD

Risk associated dose

 

RSC

Relative source contribution

 

S

Soluble

 

SACR

Secondary acute-chronic ratio

 

SAF

Secondary acute factor

 

SAR

Structure-activity relationship

 

SAV

Secondary acute value

 

SMAV

Species mean acute value

 

SMCV

Species mean chronic value

 

T

Total

 

TD

Test dose

 

temp

Temperature

 

TL

Trophic level

 

TR

Total recoverable

 

UF

Uncertainty factor

 

U.S.C.

United States Code

 

WAP

Western Allegheny plateau ecoregion

 

WV

Wildlife value

 

(B) Technical words used in this chapter shall be defined as listed below.

(1) "Acceptable daily exposure" or "ADE" means an estimate of the maximum daily dose of a substance which is not expected to result in adverse noncancer effects to the general human population, including sensitive subgroups.

(2) "Act" means the federal Water Pollution Control Act.

(3) "Acute aquatic criterion" or "AAC" means the Ohio EPA estimation of the highest instream concentration of a chemical to which aquatic organisms can be exposed for a brief period of time without causing mortality.

(4) "Acute-chronic ratio" or "ACR" means a standard measure of the acute toxicity of a material divided by an appropriate measure of the chronic toxicity of the same material under comparable conditions.

(5) "Acute mixing zone" means the mixture of receiving water and effluent adjacent to a treated or untreated discharge within which the acute aquatic life criteria may be exceeded but the inside mixing zone maximum criteria may not be exceeded. The acute aquatic life criteria shall be met on the downstream perimeter of the acute mixing zone.

(6) "Acute toxicity" means adverse effects that result from an acute exposure and occur within any short observation period which begins when the exposure begins, and usually does not constitute a substantial portion of the life span of the organism.

(7) "Adverse effect" means any deleterious effect to organisms due to exposure to a substance. This includes effects which are or may become debilitating, harmful or toxic to the normal functions of the organism, but does not include non-harmful effects such as tissue discoloration alone or the induction of enzymes involved in the metabolism of the substance.

(8) "Ambient water temperature" means the spatial (longitudinal, lateral and vertical) and temporal water temperature measured in the receiving body of water prior to a specific waste heat discharge, and is outside the influence of any thermal mixing zone.

(9) "Area of initial mixing" or "AIM" means the limited zone where discharge-induced mixing causes the effluent to rapidly mix with the receiving water such that the area may not be physically inhabitable to aquatic life. The inside mixing zone maximum criteria may be exceeded within the AIM but shall be met on the perimeter of the AIM.

(10) "Average temperature" represents the arithmetic mean of multiple daily average temperatures over a consecutive fifteen- or thirty-day period.

(11) "Baseline BAF" means:

(a) For organic chemicals, a BAF that is based on the concentration of freely dissolved chemical in the ambient water and takes into account the partitioning of the chemical within the organism .

(b) For inorganic chemicals, a BAF that is based on the wet weight of the tissue.

(12) "Baseline BCF" means:

(a) For organic chemicals, a BCF that is based on the concentration of freely dissolved chemical in the ambient water and takes into account the partitioning of the chemical within the organism .

(b) For inorganic chemicals, a BCF that is based on the wet weight of the tissue.

(13) "Bioaccumulation" means the net accumulation of a substance by an organism as a result of uptake from all environmental sources.

(14) "Bioaccumulation factor" or "BAF" means the ratio (in 1/kg) of a substance's concentration in the tissue of an aquatic organism to its concentration in the ambient water, in situations where both the organism and its food are exposed and the ratio does not change substantially over time.

(15) "Bioaccumulative chemical of concern" or "BCC" is any chemical that has the potential to cause adverse effects which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor greater than one thousand, after considering metabolism and other physicochemical properties that might enhance or inhibit bioaccumulation, calculated in accordance with the methodology in rule 3745-1-41 of the Administrative Code. Chemicals with half-lives of less than eight weeks in the water column, sediment, and biota are not BCCs. The minimum BAF information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the BSAF methodology. The minimum BAF information needed to define an inorganic chemical, including an organometal, as a BCC is either a field-measured BAF or a laboratory-measured BCF. Bioaccumulative chemicals of concern include, but are not limited to, chlordane, 4,4'-DDD (p,p'-DDD, 4,4'-TDE, p,p'-TDE), 4,4'-DDE (p,p'-DDE), 4,4'-DDT (p,p'-DDT), dieldrin, hexachlorobenzene, hexachlorobutadiene (hexachloro-1,3-butadiene), hexachlorocyclohexanes (BHCs), alpha-hexachlorocyclohexane (alpha-BHC), beta-hexachlorocyclohexane (beta-BHC), delta-hexachlorocyclohexane (delta-BHC), lindane (gamma-hexachlorocyclohexane, gamma-BHC), mercury, mirex, octachlorostyrene, PCBs (polychlorinated biphenyls), pentachlorobenzene, photomirex, 2,3,7,8-TCDD (dioxin), 1,2,3,4-tetrachlorobenzene, 1,2,4,5-tetrachlorobenzene, and toxaphene.

(16) "Bioconcentration" means the net accumulation of a substance by an aquatic organism as a result of uptake directly from the ambient water through gill membranes or other external body surfaces.

(17) "Bioconcentration factor" or "BCF" means the ratio (in l/kg) of a substance's concentration in the tissue of an aquatic organism to its concentration in the ambient water, in situations where the organism is exposed through the water only and the ratio does not change substantially over time.

(18) "Biota-sediment accumulation factor" or "BSAF" means the ratio (in kg of organic carbon/kg of lipid) of a substance's lipid-normalized concentration in the tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment, in situations where the ratio does not change substantially over time, both the organism and its food are exposed, and the surface sediment is representative of average surface sediment in the vicinity of the organism.

(19) "°C" means degree Celsius.

(20) "Carcinogen" means a substance which causes an increased incidence of benign or malignant neoplasms, or substantially decreases the time to develop neoplasms, in animals or humans. The classification of carcinogens is discussed in rule 3745-1-42 of the Administrative Code.

(21) "Chronic aquatic criterion" or "CAC" means the Ohio EPA estimation of the highest instream concentration of a chemical to which aquatic organisms can be exposed indefinitely without causing unacceptable effects (e.g., adverse effects on growth or reproduction)

(22) "Chronic mixing zone" means the misture of receiving water and effluent adjacent to a treated or untreated discharge within which the chronic aquatic life, human health, wildlife and agricultural water supply criteria may be exceeded. The chronic aquatic life, human health, wildlife and agricultural water supply criteria shall be met on the downstream perimeter of the chronic mixing zone.

(23) "Chronic toxicity" means concurrent and delayed adverse effects that occur only as a result of a chronic exposure. Chronic exposure is exposure of an organism for any long period or for a substantial portion of its life span.

(24) "Coldwater fish" means those species of fish that thrive in relatively cold water. These species include, but are not limited to, salmon and trout (Salmonidae), and may include sculpins (Cottidae), and certain minnow (Cyprinidae) species.

(25) "Confluence" means the point where two or more bodies of water flow together.

(26) "Criteria" mean elements of water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular designated use.

(27) "Criterion continuous concentration" or "CCC" means an estimate of the highest concentration of a material in the water column to which an aquatic community can be exposed indefinitely without resulting in an unacceptable effect.

(28) "Criterion maximum concentration" or "CMC" means an estimate of the highest concentration of a material in the water column to which an aquatic community can be exposed briefly without resulting in an unacceptable effect.

(29) "Daily average temperature" means the arithmetic mean of multiple temperature measurements to be taken at least once per hour during a twenty-four-hour day.

(30) "Degradation" means a lowering of the existing water quality in the surface waters of the state.

(31) "Depuration" means the loss of a substance from an organism as a result of any active or passive process.

(32) "Designated use" means a use of the surface waters of the state, established by this chapter.

(33) "Director" means the director of the Ohio environmental protection agency.

(34) "Discharge" means the addition of any pollutant to the waters of the state from a point source.

(35) "Discharge induced mixing" means the state of mixing between the receiving water and effluent where the processes causing the mixing are induced primarily by the momentum of the effluent as it enters the receiving water.

(36) "E. coli" means a specific bacterial species included in the fecal coliform bacteria group, the presence of which in surface waters has been correlated with gastrointestinal illness in swimmers.

(37) "EC50" means the median effective concentration and is a statistically or graphically estimated concentration that is expected to cause one or more specified effects in fifty per cent of a group of organisms under specified conditions.

(38) "Estuary" means the section of a lake Erie tributary near the mouth where tributary and lake Erie waters mix. This area is characterized by flow reversals and seiche influences and is generally located between the farthest downstream riffle of the tributary and lake Erie proper. All tributaries of estuaries shall be considered estuaries below the lake Erie mean high water level.

(39) "°F" means degree Fahrenheit.

(40) "Fecal coliform" means the portion of the coliform group of bacteria which is present in the intestinal tract of warmblooded animals, and is evidence of the presence of human or animal wastes.

(41) "Final acute value" or "FAV" means either of the following:

(a) A calculated estimate of the concentration of a test material such that ninety-five per cent of the genera (with which acceptable acute toxicity tests have been conducted on the material) have higher GMAVs .

(b) The SMAV of an important or critical species, if the SMAV is lower then the calculated estimate.

(42) "Final chronic value" or "FCV" means any one of the following:

(a) A calculated estimate of the concentration of a test material such that ninety-five per cent of the genera (with which acceptable chronic toxicity tests have been conducted on the material) have higher GMCVs .

(b) The quotient of an FAV divided by an appropriate acute-chronic ratio .

(c) The SMCV of an important and/or critical species, if the SMCV is lower than the calculated estimate or the quotient, whichever is applicable.

(43) "Final plant value" or "FPV" means the lowest plant value obtained with an important aquatic plant species in an acceptable toxicity test for which the concentrations of the test material were measured and the adverse effect was biologically important.

(44) "Food-chain multiplier" or "FCM" means the ratio of a BAF to an appropriate BCF. A food-chain multiplier is meant to account for accumulation of a chemical up the food chain attributable to predation (i.e., between successive trophic levels).

(45) "Genus mean acute value" or "GMAV" means the geometric mean of the SMAVs for the genus.

(46) "Genus mean chronic value" or "GMCV" means the geometric mean of the SMCVs for the genus.

(47) "Geometric mean" means the Nth root of the product of N quantities.

(48) "Great Lakes system" means all the streams, rivers, lakes and other bodies of water within the drainage basin of the Great Lakes within the United States.

(49) "Human cancer criterion" or "HCC" is a human cancer value for a pollutant that meets the minimum data requirements for tier I as specified in rule 3745-1-42 of the Administrative Code.

(50) "Human cancer value" or "HCV" is the maximum ambient water concentration of a substance at which a lifetime of exposure from either: drinking the water, consuming fish from the water, and water-related recreation activities; or consuming fish from the water, and water-related recreation activities, will represent a plausible upper-bound risk of contracting cancer of one in one hundred thousand using the exposure assumptions specified in the methodologies for the development of human health criteria and values in rule 3745-1-42 of the Administrative Code.

(51) "Human noncancer criterion" or "HNC" is a human noncancer value for a pollutant that meets the minimum data requirements for tier I as specified in rule 3745-1-42 of the Administrative Code.

(52) "Human noncancer value" or "HNV" is the maximum ambient water concentration of a substance at which adverse noncancer effects are not likely to occur in the human population from lifetime exposure from either: drinking the water, consuming fish from the water, and water-related recreation activities; or consuming fish from the water and water-related recreation activities, using the methodologies for the development of human health criteria and values in rule 3745-1-42 of the Administrative Code.

(53) "Lake Erie drainage basin" means all the streams, rivers, lakes and other bodies of water within the drainage basin of lake Erie and within the United States.

(54) "LC50" means the median lethal concentration and is a statistically or graphically estimated concentration that is expected to be lethal to fifty per cent of a group of organisms under specified conditions.

(55) "Linearized multistage model" means a conservative mathematical model for cancer risk assessment. This model fits linear dose-response curves to low doses. It is consistent with a no-threshold model of carcinogenesis, i.e., exposure to even a very small amount of the substance is assumed to produce a finite increased risk of cancer.

(56) "Lowest observed adverse effect level" or "LOAEL" means the lowest tested dose or concentration of a substance which results in an observed adverse effect in exposed test organisms when all higher doses or concentrations result in the same or more severe effects.

(57) "Maximum daily temperature" means the highest temperature observed in a twenty-four-hour day.

(58) "Micrograms per liter (ug/l)" means the micrograms of substance per liter of solution, and is equivalent to 10-9 kilograms per liter or parts per billion, assuming unit density.

(59) "Milligrams per kilogram (mg/kg)" means the milligrams of substance per kilogram of weight.

(60) "Milligrams per liter (mg/l)" means the milligrams of substance per liter of solution, and is equivalent to 10-6 kilograms per liter or parts per million, assuming unit density.

(61) "Mine drainage" means surface or groundwater flowing through or from mines and mine sites. It is usually characterized by concentrations of acidity or alkalinity, various heavy metals, sulfates, and dissolved solids.

(62) "Mixing zone" means an area of a water body contiguous to a treated or untreated wastewater discharge. This discharge is in transit and progressively diluted from the source concentration to the receiving system concentration. The mixing zone shall be considered a place where wastewater and receiving water mix, not a place where wastes are treated.

(63) "Nanograms per liter (ng/l)" means the nanograms of substance per liter of solution, and is equivalent to 10-12 kilograms per liter or parts per trillion, assuming unit density.

(64) "Natural conditions" mean those conditions that are measured outside the influence of human activities.

(65) "New discharge", for the purposes of implementing the bioaccumulative chemical of concern provisions in Chapter 3745-2 of the Administrative Code, means any of the following:

(a) A discharge of pollutants to a water body from a building, structure, facility or installation, the construction of which commences after December 30, 2002.

(b) A new discharge from an existing discharger that commences after December 30, 2002.

(c) An expanded discharge from an existing discharger that commences after December 30, 2002, except for those expanded discharges resulting from changes in loadings of any BCC within the existing capacity and processes (e.g., normal operational variability, changes in intake water pollutants, increasing the production hours of the facility or adding additional shifts, or increasing the rate of production), and that are covered by the existing Ohio national pollutant discharge elimination system permit.

Not included within the definition of "new discharge" are new or expanded discharges of BCCs from a publicly owned treatment works when such discharges are necessary to prevent a public health threat to the community (e.g., a situation where a community with failing septic systems is connected to a POTW to avert a potential public health threat from these failing systems). These and all other discharges of BCCs are defined as existing discharges.

(66) "No observed adverse effect level" or "NOAEL" means the highest tested dose or concentration of a substance which results in no observed adverse effect in exposed test organisms where higher doses or concentrations result in an adverse effect.

(67) "Nonpoint source" means any source of pollutants other than those defined as point sources.

(68) "Octanol-water partition coefficient" or "Kow" means the ratio of the concentration of a substance in the N-octanol phase to its concentration in the aqueous phase in an equilibrated two-phase octanol-water system. For log Kow, the log of the octanol-water partition coefficient is a base ten logarithm.

(69) "Ohio river drainage basin" means all the streams, rivers, lakes and other bodies of water within the drainage basin of the Ohio river.

(70) "pH" means the negative logarithm of the hydrogen ion activity concentrations when expressed as moles per liter or pH = -log (H+).

(71) "Picograms per liter (pg/l)" means the picograms of substance per liter of solution, and is equivalent to 10-15 kilograms per liter or parts per quadrillion, assuming unit density.

(72) "Point source" means any discernible, confined or discrete conveyance from which a pollutant is or may be discharged to the surface waters of the state.

(73) "Pollutant" means sewage, industrial waste or other waste as defined by divisions (B) to (D) of section 6111.01 of the Revised Code.

(74) "Pollution prevention alternatives assessment" means an analysis that identifies any cost-effective pollution prevention alternatives and techniques that are available to the discharger, and that would reduce the extent to which the increased loading results in a lowering of water quality. A pollution prevention alternatives analysis shall demonstrate a good faith effort by the discharger to review equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials and improvements to housekeeping. The discharger is not required to implement a pollution prevention alternative if it is not technically or economically feasible.

(75) "Receiving waters" mean the surface waters of the state into which point and nonpoint sources flow.

(76) "Relative source contribution" or "RSC" means the factor (percentage) used in calculating a HNV or HNC to account for all sources of exposure to a contaminant. The RSC reflects the per cent of total exposure which can be attributed to surface water through water intake and fish consumption.

(77) "Representative aquatic species" mean those organisms, either natural or introduced, which presently exist or have existed in the surface waters of the state prior to July 1, 1977, with the exception of those banned species outlined in rule 1501:31-19-01 of the Administrative Code. In addition, it may include any species that are legally introduced into the surface waters of the state. Aquatic species designated as representative shall satisfy one or more of the following:

(a) Species that are particularly vulnerable to the existing or proposed environmental impact in question .

(b) Species that are commercially or recreationally valuable .

(c) Species that are threatened, rare, or endangered .

(d) Species that are critical to the structure and function of the aquatic community .

(e) Species whose presence is causally related to the existing or proposed environmental impact under examination .

(f) Species that are potentially capable of becoming localized nuisance species .

(g) Species that are representative of the ecological, behavioral, and physiological requirements and characteristics of species determined in paragraphs (B)(77)(a) to (B)(77)(f) of this rule, but which themselves may not be representative.

(78) "Risk associated dose" or "RAD" means a dose of a known or presumed carcinogenic substance in (mg/kg) /day which, over a lifetime of exposure, is estimated to be associated with a plausible upper bound incremental cancer risk equal to one in one hundred thousand.

(79) "Slope factor" or "Q1*" means the incremental rate of cancer development calculated through use of a linearized multistage model or other appropriate model. It is expressed in (mg/kg/day) of exposure to the chemical in question.

(80) "Species mean acute value" or "SMAV" means the geometric mean of the results of all acceptable flow-through acute toxicity tests (for which the concentrations of the test material were measured) with the most sensitive tested life stage of the species. For a species for which no such result is available for the most sensitive tested life stage, the SMAV is the geometric mean of the results of all acceptable acute toxicity tests with the most sensitive tested life stage.

(81) "Species mean chronic value" or "SMCV" means the geometric mean of the results of all acceptable life-cycle and partial life-cycle toxicity tests with the species; for a species of fish for which no such result is available, the SMCV is the geometric mean of all acceptable early life-stage tests.

(82) "Structure-activity relationship" or "SAR" means a mathematical relationship between a property (i.e., biological activity or response) of a chemical and a number of descriptors of the chemical. These descriptors are chemical or physical characteristics obtained experimentally or predicted from the structure of the chemical.

(83) "Surface waters of the state" or "water bodies" mean all streams, lakes, reservoirs, ponds, marshes, wetlands or other waterways which are situated wholly or partially within the boundaries of the state, except those private waters which do not combine or effect a junction with natural surface or underground waters. Waters defined as sewerage system, treatment works or disposal system in section 6111.01 of the Revised Code are not included.

(84) "Thermal mixing zone" means that portion of a water body into which waste heat is discharged and assimilated, and within which the average and maximum daily average temperatures do not apply, except as prescribed by this chapter.

(85) "Threatened or endangered species" mean those species of the state's biota which are threatened with statewide extirpation or national extinction, as listed in rule 1501:31-23-01 of the Administrative Code or 50 C.F.R. 17 or that are listed as endangered or threatened under section 4 of the Endangered Species Act.

(86) "Threshold effect" means an effect of a substance for which there is a theoretical or empirically established dose or concentration below which the effect does not occur.

(87) "Tier I criteria" mean numeric values derived by use of the tier I methodologies specified in rules 3745-1-40, 3745-1-42 and 3745-1-43 of the Administrative Code, that either have been adopted as numeric criteria into a water quality standard or are used to implement narrative water quality criteria.

(88) "Tier II values" means numeric values derived by use of the tier II methodologies specified in rules 3745-1-40 and 3745-1-42 of the Administrative Code that are used to implement narrative water quality criteria.

(89) "Toxic substances" mean any substances which can cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological or reproductive malfunction or physical deformities in any organism or its offspring, or which can become poisonous after concentration in the food chain or in combination with other substances.

(90) "Tributary" means a stream flowing into a larger body of water.

(91) "Uncertainty factor" or "UF" means one of several numeric factors used in operationally deriving criteria from experimental data to account for the quality or quantity of the available data.

(92) "Uptake" means acquisition of a substance from the environment by an organism as a result of any active or passive process.

(93) "Use attainability analysis" means a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors.

(94) "Warmwater fish" means those species of fish that inhabit relatively warm water. These species include, but are not limited to, bass; crappies and sunfish (Centrarchidae), and catfish (Ictaluridae), and may include certain suckers (Catostomidae), minnows (Cyprinidae), and perch and darter (Percidae) species.

(95) "Water bodies" or "waters of the state" mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artifical, that are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters.

(96) "Water quality standards" means the rules set forth in this chapter establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.

(97) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wetlands" includes swamps, marshes, bogs, and similar areas that are delineated in accordance with the 1987 United States army corps of engineers wetland delineation manual and any other procedures and requirements adopted by the United States army corps of engineers for delineating wetlands.

Effective: 2/6/2017
Five Year Review (FYR) Dates: 12/30/2007
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 2/14/1978, 4/4/1985, 8/19/1985, 5/1/1990, 10/31/1997, 12/30/2002

3745-1-03 Analytical methods and availability of documents.

(A) Analytical methods.

(1) All methods of analysis used in applying any of the chemical-specific and bacteriological criteria in this chapter shall be in accordance with those prescribed in 40 C.F.R. 136 , except for chlorophyll a and pheophytin a, which shall be in accordance with EPA method 445.0, and free cyanide, which shall be in accordance with ASTM D7237-10, as cited in paragraph (B) of this rule.

(2) All methods of sample collection and preservation used in applying any of the chemical-specific and bacteriological criteria in this chapter shall be in accordance with " Surface Water Field Sampling Manual for water quality parameters and flows" as cited in paragraph (B) of this rule.

(3) Methods for conducting whole-effluent toxicity tests shall be in accordance with those prescribed in 40 C.F.R. 136, as cited in paragraph (B) of this rule.

(4) Mixing zones for thermal discharges will be determined in accordance with "Guidelines for the Submittal of Demonstrations Pursuant to Sections 316(a) and 316(b) of the Clean Water Act and Chapter 3745-1 of the Administrative Code," as cited in paragraph (B) of this rule.

(5) Methods, data collection and data analysis requirements for applying the biological criteria in rule 3745-1-07 of the Administrative Code shall be in accordance with "Biological Criteria for the Protection of Aquatic Life" as cited in paragraph (B) of this rule.

(B) Availability of documents. The following documents are cited in this chapter.

(1) Code of Federal Regulations ( C.F.R.) references. The Code of Federal Regulations can generally be found in public libraries, and can be viewed electronically online at http://www.gpo.gov/fdsys/ and purchased by writing to: "Superintendent of Documents. Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The regulations listed in this paragraph are those effective July 1, 2014, except for 50 C.F.R. 17, which is effective October 1, 2014.

(a) 40 C.F.R. 124.8, "Procedures for Decisionmaking, Subpart A - General Program Requirements - Fact Sheet."

(b) 40 C.F.R. 124.56, "Procedures for Decisionmaking, Subpart D - Specific Procedures Applicable to NPDES Permits - Fact Sheets."

(c) 40 C.F.R. 131, "Water Quality Standards."

(d) 40 C.F.R. 132, "Water Quality Guidance for the Great Lakes System."

(e) 40 C.F.R. 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."

(f) 40 C.F.R. 230.10, "Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material - Restrictions on discharge."

(g) 40 C.F.R. 400 to 471, "Subchapter N - Effluent Guidelines and Standards."

(h) 50 C.F.R. 17, "Endangered and Threatened Wildlife and Plants."

(2) Federal statute references. These laws can generally be found in public libraries, and can be viewed electronically online at http://www.gpo.gov/fdsys and purchased by writing to: "Superintendent of Documents. Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The laws listed in this paragraph are those as amended through July 1, 2014.

(a) "Federal Water Pollution Control Act (commonly referred to as the Clean Water Act)," 33 U.S.C. sections 1251 to 1387.

(b) "Endangered Species Act," 16 U.S.C. sections 1531 to 1544.

(c) "Federal Insecticide, Fungicide and Rodenticide Act," 7 U.S.C. 136.

(d) "Safe Drinking Water Act," 42 U.S.C. sections 300f to 300j-26.

(3) Other references. The availability of these documents is provided with each paragraph.

(a) "Biological Criteria for the Protection of Aquatic Life." These documents are available on the internet at http://epa.ohio.gov/dsw/bioassess/BioCriteriaProtAqLife.aspx.

(i) "Biological Criteria for the Protection of Aquatic Life: Volume I: The Role of Biological Data in Water Quality Assessment, Ohio EPA, Ecological Assessment Section, Division of Water Quality Planning & Assessment, July 24, 1987, updated February 15, 1988."

(ii) "Biological Criteria for the Protection of Aquatic Life: Volume II: Users Manual for Biological Field Assessment of Ohio Surface Waters, Ohio EPA, Ecological Assessment Section, Division of Water Quality Planning & Assessment, October 30, 1987, updated January 1, 1988, amended September 30, 1989, updated November 8, 2006."

(iii) "Biological Criteria for the Protection of Aquatic Life: Volume III: Standardized Biological Field Sampling and Laboratory Methods for Assessing Fish and Macroinvertebrate Communities, Ohio EPA, Ecological Assessment Section, Division of Surface Water, June 26, 2015."

(iv) "The Qualitative Habitat Evaluation Index [QHEI]: Rationale, Methods, and Application, Ohio EPA, Ecological Assessment Section, Division of Water Quality Planning & Assessment, November 6, 1989."

(v) "Methods for Assessing Habitat in Flowing Waters: Using the Qualitative Habitat Evaluation Index (QHEI), Ohio EPA Technical Bulletin EAS/2006-06-1, Ohio EPA, Division of Surface Water, June 2006."

(vi) "Methods for Assessing Habitat in Lake Erie Shoreline Waters Using the Qualitative Habitat Evaluation Index (QHEI) Approach (Version 2.1 ), Ohio EPA, Division of Surface Water, June 2010."

(b) "Corps of Engineers Wetlands Delineation Manual, U.S. Army Corps of Engineers, Wetlands Research Program Technical Report Y-87-1, January 1987." This document is available on the internet at http://el.erdc.usace.army.mil/elpubs/pdf/wlman87.pdf.

(c) "Guidance for Water Quality-based Decisions : The TMDL Process, U.S. EPA Office of Water, EPA 440/4-91-001, April 1991." This document is available on the internet at http://water.epa.gov/lawsregs/lawsguidance/cwa/tmdl/decisions_index.cfm.

(d) "Guidelines for Carcinogen Risk Assessment, Risk Assessment Forum, U.S. Environmental Protection Agency, Washington, DC, EPA/630/P-03/001F, March 2005." This document is available on the internet at http://www2.epa.gov/osa/guidelinescarcinogen-risk-assessment.

(e) "Guidelines for the Submittal of Demonstrations Pursuant to Sections 316(a) and 316(b) of the Clean Water Act and Chapter 3745-1 of the Administrative Code, Ohio Environmental Protection Agency, Division of Industrial Wastewater, September 30, 1978." This document is available on the internet at http://epa.ohio.gov/dsw/guidance/guidance.aspx.

(f) "Inland Lakes Sampling Procedure Manual, Ohio EPA, Division of Surface Water, 2015." This document is available on the internet at http://epa.ohio.gov/dsw/document_index/docindx.aspx.

(g) "Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000), Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency, Washington, DC, EPA-822-B-00-004, October 2000." This document is available on the internet at http://www.epa.gov/waterscience/criteria/humanhealth/method/index.html.

(h) "Methods for Determination of Chemical Substances in Marine and Estuarine Matrices - 2nd Edition. Method 445.0 In Vitro Determination of Chlorophyll a and Pheophytin a in Marine and Freshwater Algae by Fluorescence, Microbiological and Chemical Exposure Assessment Research Division, National Exposure Research Laboratory, U.S. Environmental Protection Agency, Cincinnati, Ohio, EPA-600-R-97-072, September 1997." This document is available on the internet at http://www.epa.gov/microbes/documents/marinmet.pdf.

(i) "Recommendations for and Documentation of Biological Values for Use in Risk Assessment (U.S. EPA, 1988), EPA/600/6-87/008." This document is available on the internet at http://www.epa.gov/iris/backgrd.html.

(j) "Registry of Toxic Effects of Chemical Substances (National Institute for Occupational Safety and Health, Cincinnati, Ohio, July 1997)." This document is available on the internet at http://www.cdc.gov/niosh/docs/97-119/.

(k) "Standard Guide for Conducting Bioconcentration Tests with Fishes and Saltwater Bivalve Molluscs. Standard E 1022. Molluscs. Designation E 1022 - 94. ASTM International, West Conshohocken, PA, 2013." This document is available on the internet at www.astm.org.

(l) "Standard Test Method for Free Cyanide with Flow Injection Analysis (FIA) Utilitizing Gas Diffusion Separation and Amperometric Detection. Standard D7237-10. ASTM International, West Conshohocken, PA, 2010." This document is available on the internet at www.astm.org.

(m) "Surface Water Field Sampling Manual for water quality parameters and flows, Ohio EPA, Division of Surface Water, July 2015." This document is available on the internet athttp://epa.ohio.gov/dsw/document_index/docindx.aspx.

(n) "Water Quality Standards Handbook, U.S. EPA Office of Water, EPA-820-B-14-008, January 2015." This document is available on the internet at http://water.epa.gov/scitech/swguidance/standards/handbook/index.cfm.

(o) "The Wildlife Exposure Factors Handbook (U.S. EPA, 1993), EPA/600/R-93/187." This document is available on the internet at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=2799.

Effective: 8/10/2016
Five Year Review (FYR) Dates: 02/25/2016 and 02/25/2021
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 2/14/1978, 4/4/1985, 5/1/1990, 7/31/1999, 10/5/2007

3745-1-04 Criteria applicable to all waters.

The following general water quality criteria shall apply to all surface waters of the state including mixing zones. To every extent practical and possible as determined by the director, these waters shall be:

(A) Free from suspended solids or other substances that enter the waters as a result of human activity and that will settle to form putrescent or otherwise objectionable sludge deposits, or that will adversely affect aquatic life;

(B) Free from floating debris, oil, scum and other floating materials entering the waters as a result of human activity in amounts sufficient to be unsightly or cause degradation;

(C) Free from materials entering the waters as a result of human activity producing color, odor or other conditions in such a degree as to create a nuisance;

(D) Free from substances entering the waters as a result of human activity in concentrations that are toxic or harmful to human, animal or aquatic life and/or are rapidly lethal in the mixing zone;

(E) Free from nutrients entering the waters as a result of human activity in concentrations that create nuisance growths of aquatic weeds and algae.-;

(F) Free from public health nuisances associated with raw or poorly treated sewage. A public heath nuisance shall be deemed to exist when the conditions set forth in paragraph (F)(1) of this rule are demonstrated.

(1) An inspection conducted by, or under the supervision of, Ohio EPA or a sanitarian registered under Chapter 4736. Of the Revised Code documents odor, color and/or other visual manifestations of raw or poorly treated sewage; and

(A) Water samples exceed five thousand fecal coliform counts per one hundred milliliters (either MPN or MF) in two or more samples when five or fewer samples are collected, or in more than twenty per cent of the samples when more than five samples are taken; or

(B) Water samples exceed five hundred seventy-six E. Coli counts per one hundred milliliters in two or more samples when five or fewer samples are collected, or in more than twenty per cent of the samples when more than five samples are taken.

(2) Paragraph (F)(1) of this rule may be used by the appropriate authorities to document the existence of unsanitary conditions as described in section 6117.34 of the Revised Code, but does not preclude the use of other evidence of unsanitary conditions for the purposes described in section 6117.34 of the Revised Code.

(G) For the purposes of applying paragraph (F) of this rule the collection of water samples shall adhere to the following specifications:

(1) The samples shall be collected when flow is representative of steady state dry weather conditions, i.e., base flow or delayed flow, and

(2) The samples shall be collected at least two hours apart, and

(3) The samples shall be collected over a time period not to exceed thirty days.

(H) Nothing in paragraph (f) or (g) of this rule shall limit or otherwise change the applicability of paragraphs (a) to (e) of this rule.

R.C. 119.032 review dates: 03/29/2007 and 03/29/2012

Promulgated Under: 119.03

Statutory Authority: 6111.041

Rule Amplifies: 6111.041

Prior Effective Dates: 2/14/1978, 4/4/1985, 10/15/1998

3745-1-05 [Effective until 2/6/2017] Antidegradation.

[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 3745-1-03 of the Administrative Code.]

(A) Definitions.

[Comment: The following definitions are in addition to the definitions contained in rule 3745-1-02 of the Administrative Code.]

(1) "Available pollutant assimilative capacity" means the water body pollutant assimilative capacity for a substance, as determined in paragraph (A)(28)(a) of this rule, minus the background pollutant load, or the quantity for a substance as calculated in paragraph (A)(28)(b) of this rule.

(2) "Background pollutant load" means the sum of all upstream pollutant loads of a regulated pollutant and has the same meaning as the background water quality as determined in accordance with paragraph (A)(3) of rule 3745-2-05 of the Administrative Code.

(3) "Best available demonstrated control technology" means a wastewater treatment capable of meeting the following effluent limitations or design criteria.

(a) For the discharge of sanitary wastewater from facilities using conventional treatment technologies, the effluent limitations in table 5-1 of this rule.

(b) For the discharge of sanitary wastewater from alternative treatment technologies such as lagoon systems, land application and controlled discharge systems, constructed wetland systems or combined sewer overflow control systems effluent limitations shall be developed on a case-by-case basis.

(c) For industrial direct discharges subject to federal effluent guidelines, the facility shall be designed to meet the most stringent of the new source performance standards, best conventional pollutant control technology, best available technology economically achievable and best practicable control technology currently available for the appropriate categorical guidelines of 40 C.F.R. 400 to 40 C.F.R. 471.

(d) For categorical industrial indirect dischargers, the facility shall be designed to meet categorical pretreatment standards for existing sources or categorical pretreatment standards for new sources as contained in Chapter 3745-3 of the Administrative Code.

(e) For non-categorical industrial direct or indirect discharges, effluent limitations will be developed based upon best engineering or professional judgment.

(f) For wastewater discharges resulting from clean-up of response action sites contaminated with volatile organic compounds, the facility shall include air-stripping, carbon columns, both, or equivalent treatment capable of achieving final thirty-day average effluent limits of five micrograms per liter or less for each individually regulated volatile organic compound.

(4) "Control document" means any authorization issued by a state or federal agency to any source of pollutants to waters under its jurisdiction that specifies conditions under which the source is allowed to operate.

(5) "Declining fish species" mean those species listed in table 5-2 of this rule. Declining fish species are native species that have declined in distribution across Ohio based on collection records since 1978 compared to historical distributions of fish species.

(6) "Designated uses" mean those uses assigned in Chapter 3745-1 of the Administrative Code for a water body or segment whether or not those uses are being attained. Specific designated uses are defined in rule 3745-1-07 of the Administrative Code.

(7) "Director" means the director of the Ohio environmental protection agency, or the director of the Ohio department of agriculture for projects or activities governed under Chapter 903. of the Revised Code.

(8) "Existing uses" mean those uses actually attained in the water body on or after November 28, 1975.

(9) "Existing source" means any treatment works or disposal system, and its associated treatment or production capacity that:

(a) Was built, operational and discharging prior to July 1, 1993; or

(b) Was authorized by a permit to install or national pollutant discharge elimination system permit issued after July 1, 1993.

An individual or a collection of several household sewage treatment systems does not constitute an existing source.

(10) "High quality waters" mean all surface waters of the state except limited quality waters. Pursuant to division (A)(2) of section 6111.12 of the Revised Code, four categories of high quality waters are hereby recognized and described in this paragraph. Categorizations of specific water bodies shall follow the procedures in paragraph (E) of this rule.

(a) "General high quality waters" are wetlands categorized as category 2 or 3 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters that are not specifically categorized limited quality waters, superior high quality waters, outstanding state waters, or outstanding national resource waters.

(b) "Superior high quality waters" are surface waters that possess exceptional ecological values and that have been so categorized pursuant to paragraph (E) of this rule. Except as provided below, exceptional ecological values shall be assessed based upon a combination of the presence of threatened or endangered species and a high level of biological integrity. The following factors shall be considered in determining exceptional ecological value: providing habitat for Ohio or federal endangered species; providing habitat for Ohio threatened species; harboring stable populations of a declining fish species that coincide with the presence of suitable habitat for that species, or that coincide with an essential migration path between areas of suitable habitat for that species; and displaying a level of biological integrity equivalent to the exceptional warmwater habitat index of biotic integrity or invertebrate community index criteria values listed in rule 3745-1-07 of the Administrative Code.

Water bodies that exhibit a pattern of biological integrity equivalent to index of biotic integrity and, where applicable, invertebrate community index scores of fifty-six or greater at most sites are characteristic of a near-pristine aquatic habitat. Such waters, as well as other ecologically unique water bodies that have essentially undisturbed native faunas, but for which the biological criteria in rule 3745-1-07 of the Administrative Code do not apply, may be considered as possessing exceptional ecological values without the presence of threatened or endangered species.

(c) "Outstanding state waters" are waters that have special significance for the state because of their exceptional ecological values or exceptional recreational values, and that have been so categorized pursuant to paragraph (E) of this rule. To qualify on the basis of exceptional ecological values they must meet the qualifications for superior high quality waters and be further distinguished as being demonstratively among the best waters of the state from an ecological perspective. To qualify on the basis of exceptional recreational values they must provide outstanding or unique opportunities for recreational boating, fishing or other personal enjoyment.

(d) "Outstanding national resource waters" are surface waters that have a national ecological or recreational significance, and that have been so categorized pursuant to paragraph (E) of this rule. National ecological significance may include providing habitat for populations of federal endangered or threatened species or displaying some unique combination of biological characteristics in addition to those factors listed in paragraph (A)(10)(b) of this rule. National recreational significance may include designation in the national wild and scenic river system.

(11) "Land application and controlled discharge system" means an innovative technology for the treatment of sewage that balances land application of treated wastewater with controlled discharges of wastewater under conditions that minimize stress on the aquatic environment. The system shall be designed to allow a discharge during winter months and required land application of the wastewater during summer months.

(12) "Limited quality waters" mean wetlands categorized as category 1 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters of the state specifically designated in rules 3745-1-08 to 3745-1-30 of the Administrative Code as limited resource water, nuisance prevention, limited warmwater habitat, or modified warmwater habitat.

(13) "Mass discharge limit" means for an existing source:

(a) The average thirty-day mass limit specified in the national pollutant discharge elimination system permit; or

(b) The product of the average concentration limit specified in the permit and the permitted discharge flow, if no average mass limit is specified; or

(c) The product of an average concentration value derived from the maximum concentration limit specified in the permit using derivation methods established in the total maximum daily load procedures and the permitted discharge flow, if no average concentration or mass limit is specified.

(14) "Minimal degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in a lesser lowering of water quality.

(15) "Mitigative technique alternative" means an alternative, other than the applicant's preferred alternative, or other on-site or off-site control measures designed to offset all or part of the lowering of water quality, preferably within the same watershed.

(16) "Modification of a facility" means:

(a) The addition of new wastewater or sources of pollutants to an existing source, including the addition of new industrial users; and

(b) Any other physical change at the facility from which the discharge is generated that increases the capacity of that facility to discharge a pollutant or results in the discharge of a pollutant not previously discharged, excluding the following:

(i) Routine repair, maintenance and replacement of existing equipment;

(ii) Increases in hours or rates of operation and the use of alternative fuels or raw materials that can be implemented without any physical changes to the facility; and

(iii) Physical changes designed to restore previously existing production or treatment capacity.

An expansion of the wastewater treatment system is not considered a modification of the facility.

(17) "Net increase" means:

(a) For a new source, any level of a regulated pollutant discharged to waters of the state as a result of the activity subject to this rule;

(b) For an existing source:

(i) The amount by which the sum of the following exceeds zero:

(a) The increase in the mass discharge limit attributable to the activity subject to this rule; and

(b) All other contemporaneous increases or decreases attributable to other pollutant sources affecting the surface water segments under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit; or

(ii) For heat, bacteria and any other regulated pollutant which, though not measurable as a mass level is nonetheless susceptible to determinations of net increase, the amount by which the sum of the following exceeds zero:

(a) The increase in an authorized discharge level attributable to the activity subject to this rule; and

(b) All other contemporaneous increases or decreases attributable to other pollutant sources affecting the surface water segments under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit.

(18) "New source" means any treatment works or disposal system other than an existing source, excluding new domestic sewage sources and industrial users tributary to a publicly owned treatment works. A new treatment works built to serve a home or homes with individual systems is considered a new source.

(19) "Non-degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in the elimination of the need to lower water quality.

(20) "Permit modification" means an application filed by the permit holder pursuant to paragraph (D) of rule 3745-33-04 of the Administrative Code.

(21) "Permitted discharge flow" means the discharge flow specified in the national pollutant discharge elimination system permit, or permit to install application if not specified in a national pollutant discharge elimination system permit, and shall be representative of the typical wastewater flow to be discharged by a facility when the wastewater facility is operating at full capacity, and considering, where applicable, discharge flows during wet weather events.

(22) "Pollution prevention alternative" means the use of source reduction techniques in order to reduce risk to public health, safety, welfare and the environment and, as a second preference, the use of environmentally sound recycling to achieve these same goals. Pollution prevention avoids cross-media transfers of waste or pollutants and is multi-media in scope; it addresses all types of waste and environmental releases to the air, water and land.

(23) "Regulated pollutant" means any parameter for which water quality criteria have been adopted in, or developed pursuant to, Chapter 3745-1 of the Administrative Code with the exception of biological criteria, and any other parameter that may be limited in a national pollutant discharge elimination system permit as a result of new source performance standards, best conventional pollutant control technology, best available technology economically achievable or best practicable control technology currently available for the appropriate categorical guidelines of 40 C.F.R. 400 to 40 C.F.R. 471. For the purposes of this rule, pH and dissolved oxygen are not considered "regulated pollutants".

(24) "Remaining available pollutant assimilative capacity" means the available pollutant assimilative capacity for a substance minus the load already allocated to existing national pollutant discharge elimination system permits for dischargers in the water body segment receiving the allocation. This term is not used in the application of antidegradation for lake Erie.

(25) "State resource water" is a designation of high quality waters that is being replaced by the categories of high quality waters described in paragraph (A)(10) of this rule. All water body segments currently designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are categorized in this rule as general high quality waters, unless they are specifically listed in tables 5-4 to 5-7 of this rule. Waters designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are subject to the considerations of paragraph (C)(5)(d) of this rule.

(26) "Threatened species" mean those species listed in table 5-3 of this rule. A threatened species is an indigenous species whose survival in Ohio is not in immediate jeopardy, but to which a threat exists. Continued or increased stress will result in its becoming endangered.

(27) "Total maximum daily load procedures" mean the procedures for calculating wasteload allocations adopted in Chapter 3745-2 of the Administrative Code.

(28) "Water body pollutant assimilative capacity" means the total maximum allowable load of a substance for a specific water body segment and is calculated as:

(a) For a stream, the water quality criteria for a substance multiplied by the total applicable flow at the end of the segment being studied. The applicable flow is determined using the total maximum daily load procedures; and

(b) For a lake, a value equal to the permitted discharge flow times Y, where Y equals eleven times the water quality criteria for a substance minus ten times the background concentration for the substance.

Water body pollutant assimilative capacity for a lake can also be determined by any alternative method which the director determines to be appropriate and consistent with the total maximum daily load procedures.

(B) Applicability; responsibilities of the applicant.

Except as provided in paragraphs (B)(2), (D) and (F) of this rule, projects or activities covered under paragraph (B)(1) of this rule shall be subject to an antidegradation review described in paragraph (C) of this rule.

(1) This rule shall apply to the following.

(a) For existing sources, any re-issuance or modification of a national pollutant discharge elimination system permit that, if approved, would result in:

(i) Any net increase of a regulated pollutant;

(ii) If the national pollutant discharge elimination system permit specifies no limit for the pollutant, then the imposition of any effluent limit as a result of a modification of the facility; or

(iii) Approval of combined sewer overflow long term control plans and incorporation of the appropriate conditions into an NPDES permit. Long term control plans shall address planned sewer connections and development tributary to the collection system.

(b) For new sources, any permit to install or national pollutant discharge elimination system permit application that, if approved, would result in a net increase in the discharge of any regulated pollutant. For these sources, if a national pollutant discharge elimination system permit application is submitted and approved under the provisions of this rule, a subsequent permit to install application proposing the selected alternative will not be subject to review under this rule.

(c) Any section 401 water quality certification application pursuant to Chapter 3745-32 of the Administrative Code.

(d) Any nonpoint source of pollution that results in a net increase in the release of any regulated pollutant, provided the director has separate authority to regulate the activity.

(e) Unless authorized by a section 404 permit and section 401 water quality certification or a state isolated wetland permit, any permit to install application reviewed pursuant to Chapter 6111. of the Revised Code that would authorize the placement of fill or the construction of any portion of a sewerage system in or near surface waters of the state, if the director determines that aquatic habitat alterations caused by the activity and associated construction disturbances would result in the loss of an existing or designated use as defined in this chapter.

(f) The transfer of all or a portion of the wastewater discharged by a treatment works to a different receiving water body, or to a different treatment works discharging to a different water body, unless the transfer is to a treatment works with capacity to accept the transferred wastewater within the terms of its existing national pollutant discharge elimination system permit. If a discharge is relocated on the same receiving water body within two miles of the original discharge then there is considered to be no net increase in the discharge.

(g) The issuance by the director of environmental protection, in accordance with Chapter 3745-38 of the Administrative Code, or by the director of agriculture, in accordance with Chapter 901:10-4 of the Administrative Code, of a general national pollutant discharge elimination system permit that would result in a net increase.

(h) Any state isolated wetland permit application submitted under section 6111.024 of the Revised Code.

(2) The activities, permits, applications, certifications or other circumstances described in this paragraph are exempt from all provisions of this rule.

(a) Any existing source discharging to waters of the state prior to July 1, 1993, or modifications of a facility made after July 1, 1993, that is not discharging under the terms of a national pollutant discharge elimination system permit. Only the portion of the flow that the existing source was capable of discharging as of July 1, 1993 shall not be subject to the rule provisions.

(b) Any existing source where the net increase is :

(i) The result of allowing a previously authorized or documented production or treatment capacity to be achieved; or

(ii) The result of allowing a limit up to that authorized by the immediately preceding, effective national pollutant discharge elimination system permit, which is not the result of a modification of a facility; or

(iii) If no limit was included in the immediately preceding national pollutant discharge elimination system permit and the pollutant was present or believed present in the discharge when the prior permit was issued, the inclusion of a limit for that pollutant provided there is no increase that is the result of a modification of a facility.

(c) Any permit to install application for a sanitary sewer line extension or a new or expanding industrial user upstream of combined sewer overflows in a community operating a combined sewer system if:

(i) The application conforms to the conditions related to approved long term development or planning documents associated with combined sewer overflow control measures incorporated into a national pollutant discharge elimination system permit as referenced in paragraph (B)(1)(a)(iii) of this rule; or

(ii) It can be documented that subsequent overflows from the combined sewer system will only occur in situations where the wet weather flows within the sanitary sewers exceed six times the average dry weather flows within the sanitary sewers; or

(iii) It can be documented that the combined sewers are and will continue to be operating at less than the original design dry weather capacity; or

(iv) There is an approved and ongoing flow or pollutant offset or infiltration and inflow reduction program for the collection system.

(d) Any notice of intent filed with the director of environmental protection requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 3745-38 of the Administrative Code or notice of intent filed with the director of agriculture requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 901:10-4 of the Administrative Code.

(e) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving water body by less than one degree Fahrenheit or is otherwise covered by the provisions of a section 316(a) variance.

(f) The initial inclusion of whole effluent toxicity limitations in any national pollutant discharge elimination system permit or other control document, if there has been no change in discharge since July 1, 1993.

(g) The addition or expansion of an industrial user to a publicly owned treatment works (POTW) collection system that does not trigger a permit limit for the POTW. Local limits shall be established for the POTW pretreatment program, or equivalent, utilizing a ten per cent safety factor when performing the evaluation related to effluent limitations to protect water quality standards.

(h) The addition of domestic sewage sources to the POTW within the design capacity of the POTW.

(3) Except as provided in paragraphs (B)(2), (B)(4), (D) and (F) of this rule, the applicant covered by paragraph (B)(1) of this rule must submit documentation of the following.

(a) Identification of the substances to be discharged, including the amount of regulated pollutants to be discharged in terms of mass and concentration, and, if paragraph (B)(1)(c) of this rule applies, the amount of dredged and fill material to be discharged.

(b) A description of any construction work, fill or other structures to occur or be placed in or near the stream bed.

(c) A description and schematic of the applicant's preferred alternative for design and operation, including appropriate cost estimates, of the activity.

(d) Description and analyses, including availability, cost effectiveness and technical feasibility, of the utilization of central or regional treatment facilities rather than creating a new point source discharge. This analysis shall include an evaluation of long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents.

(e) Descriptions, schematics and analyses of non-degradation alternatives, minimal degradation alternatives and mitigative technique alternatives for the design and operation, including appropriate cost estimates, of the activity that the applicant has considered.

(f) An estimate of the important social, economic and environmental benefits to be realized through the project or activity if the water quality is lowered, including, as appropriate, the number and types of jobs created and the tax revenues generated.

(g) An estimate of important social, economic and environmental benefits to be lost if water quality is lowered, such as lost or lowered recreational opportunities.

(h) To the extent that such information is known to those in the local community or is otherwise public, a listing and description of all government or privately sponsored conservation projects that have specifically targeted improved water quality or enhanced recreational opportunities on the water body affected by the activity.

(4) Applications for section 401 water quality certifications are exempt from paragraph (B)(3) of this rule. Required submissions shall be determined in accordance with section 6111.30 of the Revised Code, Chapter 3745-32 of the Administrative Code and rules 3745-1-50 to 3745-1-54 of the Administrative Code.

(C) Antidegradation review requirements.

(1) Protection of water body uses.

Existing uses, which are determined using the use designations defined in rule 3745-1-07 of the Administrative Code, and the level of water quality necessary to protect existing uses, shall be maintained and protected. There may be no degradation of water quality that results in either a violation of the applicable water quality criteria for the designated uses, unless authorized by a water quality standard variance issued in accordance with rule 3745-33-07 of the Administrative Code, or the elimination or substantial impairment of existing uses. The director shall, pursuant to paragraph (A)(6) of rule 3745-1-07 of the Administrative Code, prohibit increased concentrations of specific regulated pollutants that are incompatible with the attainment or restoration of the designated use. Existing wetland uses, as defined in rule 3745-1-53 of the Administrative Code, shall be maintained and protected in accordance with rules 3745-1-50 to 3745-1-54 of the Administrative Code.

(2) Required treatment technology, nonpoint source controls.

Except as provided in paragraph (D)(2) of this rule, any net increase in the discharge of a specific regulated pollutant resulting from a modification or new source shall, as a minimum, be controlled through best available demonstrated control technology relative to the specific regulated pollutant. More stringent treatment may be required pursuant to paragraph (C)(8) of this rule, or if needed to meet water quality standards. Feasible management or regulatory programs pursuant to sections 208, 303 and 319 of the act shall be applied to nonpoint sources.

(3) Public involvement.

Except as provided in paragraphs (B)(2) and (D) of this rule, the director shall provide for public participation and intergovernmental coordination prior to taking action on all activities covered by paragraph (B)(1) of this rule using the provisions of this paragraph.

(a) In accordance with Chapter 3745-47 of the Administrative Code, the director shall publish a public notice within thirty days regarding receipt of any permit application or state isolated wetland permit application covered by paragraph (B)(1) of this rule. The purpose of such notice shall be to allow for inspection and review of the application, to indicate that the project is subject to the provisions of this rule and whether any of the exclusions or waivers described in paragraph (D) of this rule apply, to instruct people to contact the director within thirty days if they want to be on the interested parties mailing list for that application, and, on general high quality waters and limited quality waters, to determine whether there is interest in having a public hearing. Public notice for section 401 water quality certification applications shall be published pursuant to the requirements in section 6111.30 of the Revised Code.

Notices shall be sent by first class mail to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(b) The director shall develop an informational fact sheet for each permit or activity for which a public notice is issued in accordance with paragraph (C)(3)(a) of this rule, excluding section 401 water quality certification and state isolated wetland permit activities, within thirty days of receipt of the application. The purpose of such fact sheet shall be to: provide information to potentially affected parties; provide a description of the project; outline the review process and schedule; specify where the application or permits can be viewed; identify the water bodies potentially affected; instruct individuals how to request to be on the interested parties mailing list; provide an opportunity to request a public hearing pursuant to paragraph (C)(3)(f) of this rule; and advertise the date, time and location of a public hearing if one is scheduled pursuant to paragraph (C)(3)(e) of this rule. These fact sheets shall be sent by first class mail, or alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(c) All notices of public hearings required by paragraphs (C)(3)(e) and (C)(3)(f) of this rule shall be published once in a newspaper having general circulation in the county where the source, activity or facility is located. The notice shall be published at least forty-five days before the hearing. Notices of hearings shall also be sent by first class mail, or by alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(d) The director shall develop and maintain a list of persons and organizations who have expressed an interest in or may, by the nature of their purposes, activities or members, be affected by or have an interest in antidegradation reviews. These persons and organizations may request that all fact sheets or public hearing public notices identified by this rule be forwarded to them by means other than first class mail (e.g., by electronic transmission).

(e) Within ninety days of receipt of the application, the director shall hold a public hearing for any permit application, section 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever a water body categorized outstanding national resource water, outstanding state water, superior high quality water or category 3 wetland is affected. This public hearing shall be for the purpose of evaluating issues related to lower water quality and shall be prior to and separate from a public hearing on the proposed or draft action on the application. Section 401 water quality certifications impacting lake Erie or its shoreline are exempt from this requirement. Public hearings for section 401 water quality certifications impacting lake Erie or its shoreline will be held at the discretion of the director and according to the timelines contained in section 6111.30 of the Revised Code.

(f) For general high quality waters other than category 3 wetlands and for limited quality waters, the director shall hold a public hearing for any permit to install application, national pollutant discharge elimination system permit application, section 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever the director determines there is significant public interest. A public hearing shall be held for the issuance of any draft general national pollutant discharge elimination system permit.

The director shall hold public hearings relative to issues of lower water quality as a concurrent hearing at the time of the draft or proposed action. However, if the application is not covered by paragraph (D) of this rule, the director may choose to hold a public hearing preceding the draft or proposed action if, at the director's discretion, the project is considered to be controversial or complex. For section 401 water quality certification applications and state isolated wetland permit applications, the public hearing shall precede any action of the director.

(g) A public notice of the director's proposed or draft action regarding the activity and its potential to lower water quality shall be published following the procedures in Chapter 3745-47 of the Administrative Code. The director shall provide notification by first class mail, or alternative means as requested, to all interested parties identified through the procedures in paragraph (C)(3) of this rule. Additional procedures are described in paragraph (C)(8) of this rule.

(h) The director shall notify the Ohio department of natural resources, the United States fish and wildlife service, the United States environmental protection agency and any affected local areawide planning agencies of all proposed activities that may lower water quality. In addition, for activities covered under paragraph (B)(1)(a), (B)(1)(b) or (B)(1)(f) of this rule, the director shall notify the Ohio department of development and any affected local governmental units. The director or the other agencies may initiate additional intergovernmental coordination.

(4) Outstanding national resource waters.

The director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule that discharge to outstanding national resource waters, or that discharge upstream of outstanding national resource waters.

(a) Present ambient water quality in outstanding national resource waters shall not be degraded for any substance.

(b) The director may re-issue permits for any source discharging to an outstanding national resource water if the source had a national pollutant discharge elimination system permit at the time the water body was categorized an outstanding national resource water as described in paragraph (E) of this rule, provided there is no increase in the permitted discharge concentrations or loads.

(c) New sources may not discharge directly to outstanding national resource waters, and may not discharge at points located upstream from outstanding national resource waters unless it can be demonstrated by the applicant that the chemical and biological quality of the outstanding national resource water will not be adversely affected.

(d) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(e) of this rule, activities that result in short-term changes in water quality in outstanding national resource waters may be allowed if the director determines there will be no long-term detrimental impact. Activities resulting in short-term impacts on outstanding national resource waters will be subject to a review of non-degradation alternatives, minimal degradation alternatives, mitigative technique alternatives, economic and social benefits, public participation and intergovernmental coordination.

(e) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(d) of this rule discharges of dredged and fill material to outstanding national resource waters that are wetlands, and are owned and managed solely for natural area preservation, public recreation, education or scientific purposes, may be authorized provided the discharges and associated activities result in only a short-term disturbance to water quality and will not adversely affect the ecological quality of the wetland or other surface waters. Authorized discharges and associated activities include boardwalk construction, repair and maintenance of dikes and other hydrological controls, and removal of non-native and invasive plant species. For these discharges and associated activities the director may waive the need for the review outlined in paragraph (C)(4)(d) of this rule.

(5) Other waters.

For waters other than outstanding national resource waters and limited quality waters, the director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule, except that for section 401 water quality certifications and state isolated wetland permits pursuant to section 6111.024 of the Revised Code for high quality waters that are wetlands, the director shall impose the requirements specified in rules 3745-1-50 to 3745-1-54 of the Administrative Code in lieu of paragraphs (C)(5) and (C)(8) of this rule. In addition, the director may apply the items in paragraphs (C)(5)(a) to (C)(5)(f) and (C)(5)(k) to (C)(5)(m) of this rule, may consider cumulative impacts as defined in paragraph (I) of rule 3745-1-50 of the Administrative Code, and shall consider whether the wetland is scarce regionally or statewide and the feasibility of replacing that wetland type, in making a decision whether to allow the lowering of water quality.

The director may approve activities that lower water quality only if there has been an examination of non-degradation, minimal degradation and mitigative technique alternatives, a review of the social and economic issues related to the activity, a public participation process and appropriate intergovernmental coordination, and the director determines that the lower water quality is necessary to accommodate important social or economic development in the area in which the water body is located.

The director may require the applicant to implement a non-degradation alternative, a minimal degradation alternative or a mitigative technique alternative to offset all or part of the proposed lowering of water quality, if the director determines that the alternative is technically feasible and economically justifiable. Any lowering of water quality shall not exceed the limitations specified in paragraph (C)(6) of this rule.

When making determinations regarding proposed activities that lower water quality the director shall consider the following:

(a) The magnitude of the proposed lowering of water quality;

(b) The anticipated impact of the proposed lowering of water quality on aquatic life and wildlife, including threatened and endangered species, important commercial or recreational sport fish species, other individual species and the overall aquatic community structure and function;

(c) The anticipated impact of the proposed lowering of water quality on human health and the overall quality and value of the water resource;

(d) The degree to which water quality may be lowered in waters located within national, state or local parks, preserves or wildlife areas, waters listed as state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code, or waters categorized outstanding national resource waters, outstanding state waters or superior high quality waters;

(e) The effects of lower water quality on the economic value of the water body for recreation, tourism and other commercial activities, aesthetics, or other use and enjoyment by humans;

(f) The extent to which the resources or characteristics adversely impacted by the lowered water quality are unique or rare within the locality or state;

(g) The cost of the water pollution controls associated with the proposed activity;

(h) The cost effectiveness and technical feasibility of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives and the effluent reduction benefits and water quality benefits associated with such alternatives;

(i) The availability, cost effectiveness, and technical feasibility of central or regional sewage collection and treatment facilities, including long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents;

(j) The availability, reliability and cost effectiveness of any non-degradation alternative, minimal degradation alternative or mitigative technique alternative;

(k) The reliability of the preferred alternative including, but not limited to, the possibility of recurring operational and maintenance difficulties that would lead to increased degradation;

(l) The condition of the local economy, the number and types of new direct and indirect jobs to be created, state and local tax revenue to be generated, and other economic and social factors as the director deems appropriate; and

(m) Any other information regarding the proposed activities and the affected water body that the director deems appropriate.

(6) Set asides to limit lower water quality.

In addition to the other provisions of paragraph (C) of this rule, the director shall not allow water quality to be lowered by more than as specified in this paragraph when acting on applications or activities covered by paragraph (B)(1) of this rule.

(a) For outstanding state waters, the director shall reserve seventy per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been adopted in or developed pursuant to Chapter 3745-1 of the Administrative Code. Except as provided in paragraph (C)(7) of this rule, the reserved portion shall not be allocated to any source unless , and to the extent that, the source demonstrates that a smaller reserve will adequately protect resident or representative species. The requirements of this paragraph shall not apply to any water body categorized as outstanding state water solely because of its exceptional recreational value.

(b) For lake Erie, new and existing sources shall be limited to the water body pollutant assimilative capacity as defined in paragraph (A)(28)(b) of this rule.

(c) For superior high quality waters, other than lake Erie and those waters covered by paragraph (C)(6)(e) of this rule, the director shall reserve thirty-five per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been established in Chapter 3745-1 of the Administrative Code. Except as provided in paragraph (C)(7) of this rule, the reserved portion shall not be allocated to any source unless , and to the extent that, the source demonstrates that a smaller reserve will adequately protect resident or representative species. The director may reserve a higher percentage of the remaining available pollutant assimilative capacity if there is scientific evidence that strongly suggests that resident or representative species are more sensitive to a pollutant or class of pollutants and may be inadequately protected using the applicable water quality criteria and the standard set aside provision. The higher set aside shall be established for specific pollutants or classes of pollutants through rule making pursuant to paragraph (E) of this rule.

(d) For general high quality waters and limited quality waters, water quality may not be lower than the applicable water quality criteria for the water body, unless authorized by a water quality standard variance issued in accordance with appropriate rules.

(e) For outstanding state waters so categorized because of exceptional recreational value the director shall:

(i) Evaluate, or cause the applicant to evaluate, the impact of the project on bacteriological contamination for any project covered under paragraph (B)(1) of this rule. No permit shall be granted if the director finds that the project or discharge will result in a significant long term increase in the frequency and duration of bacteriological pollution.

(ii) Review all permit actions, covered under paragraph (B)(1) of this rule, to minimize the introduction of pollutants or floating debris and materials which may affect the aesthetic quality of the receiving waters.

(7) Credit projects.

An applicant for a project covered under paragraph (B)

(1) of this rule may request that the director approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c) of this rule. In order for a credit project to be considered for approval, the proposal must:

(a) Occur in the same water body where the proposed lowering of water quality is to take place; and

(b) Not necessarily offset the proposed pollutant load being pursued, but address an existing or potential threat to the water body. This may include providing for water body enhancement or restoration activities.

If the director determines to approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c), the director may include, at the director's discretion, an alternative lower set aside to accompany the credit project. A lower set aside must be established through rule making and incorporated into tables established in paragraph (E) of this rule.

(8) Procedures.

(a) The director shall assess each proposed activity covered by paragraph (B)(1) or (F) of this rule on a case-by-case basis. For each proposed activity, the director shall weigh the information acquired relative to the proposal, that was submitted by the applicant or otherwise obtained by the director, and all comments presented during the public review period, including intergovernmental comments, and make a determination to:

(i) Allow the applicant's preferred alternative with appropriate conditions, if applicable, and the lower water quality as proposed because it has been determined that a discharge or the activity is necessary;

(ii) Deny the applicant's preferred alternative as proposed; or

(iii) Require a cost beneficial, technically feasible and/or available non-degradation, minimal degradation or mitigative technique alternative that would result in no or a lesser lowering of water quality.

(b) Any action of the director issuing a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a draft action and shall be issued in accordance with Chapter 3745-47 of the Administrative Code.

(c) Any action of the director denying a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a proposed action and shall be issued in accordance with Chapter 3745-47 of the Administrative Code.

(d) Any action of the director on a section 401 water quality certification covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapters 3745-32 and 3745-47 of the Administrative Code.

(e) Any action of the director on a state isolated wetland permit application submitted pursuant to section 6111.024 of the Revised Code and covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapter 3745-47 of the Administrative Code.

(D) Exclusions and waivers.

The exclusions and waivers described in paragraphs (D)(1)(a), (D)(1)(b), (D)(1)(d), (D)(1)(e) and (D)(3) of this rule do not apply to bioaccumulative chemicals of concern within the lake Erie basin.

(1) The following situations are excluded from the submittal and review requirements listed in paragraphs (B)(3)(e) to (B)(3)(h) and (C)(5) of this rule. In determining the applicability of any of the following exclusions, the evaluation shall not only consider potential effects or impacts to the receiving waters, but also to any subsequent waters potentially affected by the discharge or activity.

(a) Any source discharging to limited quality waters.

(b) Any de minimis net increase determined using the following criteria. For the discharge of primarily sanitary wastewaters, only ammonia-nitrogen will be evaluated to determine the applicability of the appropriate exclusion.

(i) For general high quality waters, any net increase in the discharge of a regulated pollutant that is less than ten per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed eighty per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures.

(ii) For superior high quality waters, other than lake Erie, and outstanding state waters any net increase in the discharge of a regulated pollutant that results in less than a five per cent change in the ambient water quality concentration of the receiving water as projected to occur using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed the portion of the remaining available assimilative capacity specified by the director pursuant to paragraphs (C)(6)(a) or (C)(6)(c) and (E) of this rule.

(iii) For lake Erie any net increase in the discharge of a regulated pollutant that is less than ten per cent of the water body pollutant assimilative capacity.

(c) Combined sewer overflow elimination or reduction projects affecting one or more water bodies where there will be a net decrease in the overall pollutant loadings discharged to surface waters of the state. Treatment byproducts of combined sewer overflow discharges (e.g., chlorine for disinfection) shall be excluded from review.

(d) Any disposal system built and operated exclusively for the treatment of contaminated ground water at response action clean-up sites.

(e) Any disposal system built and operated as a land application and controlled discharge system as defined in paragraph (A)(11) of this rule.

(f) Any net increase in the discharge of a regulated pollutant resulting from a change in fuel used by the discharger, provided the discharger was capable of accommodating the new fuel on the effective date of this rule.

(g) Any imposition of mercury effluent limitations in an NPDES permit for an existing source where the mercury limitations are based on a variance pursuant to paragraph (D)(10) of rule 3745-33-07 of the Administrative Code.

(h) Any discharge of the following regulated pollutants within the range indicated:

(i) Total suspended solids at or below sixty-five mg/l; or

(ii) Oil and grease at or below ten mg/l.

(i) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving stream greater than or equal to one degree Fahrenheit, as calculated using total maximum daily load procedures, up to that allowed through water quality standards.

(j) Any general permit developed by the director in accordance with the provisions of Chapter 3745-38 of the Administrative Code.

(2) The director may waive the requirement to install best available demonstrated control technology for new sources discharging sanitary wastewater if:

(a) The modification, new source or national pollutant discharge elimination system application is for a project designed exclusively to restore, maintain or ensure design capacity and associated pollutant discharge levels already authorized in an effective national pollutant discharge elimination system permit; or

(b) The modification, new source or national pollutant discharge elimination system application is the direct and sole result of a proposed transfer of pollutant loading from an existing direct discharge of pollution to waters of the state, and the director has determined that the transfer will result in overall environmental improvement. The director's determination on this matter shall be based upon the antidegradation review process specified in paragraph (C) of this rule, unless otherwise excluded from such review pursuant to paragraph (D) of this rule.

(3) The director may waive the submittal and review requirements listed in paragraphs (B)(3)(f) to (B)(3)(h) and (C)(5) of this rule if it is determined that:

(a) The proposed net increase in the discharge of a regulated pollutant does not result in an increase in the ambient water quality concentration of the receiving water after mixing as projected to occur under the total maximum daily load procedures;

(b) Any proposed net increase in the discharge of nutrients (such as, but not limited to, phosphorus and nitrogen) or toxic substances complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding state waters, or superior high quality waters; and

(c) The requirements of paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.

(4) Nothing in this rule shall prohibit the director from approving activities that lower water quality on a temporary basis whenever the director determines that an emergency exists requiring immediate action to protect public health and welfare. The director shall issue any such approval in accordance with division (C) of section 6111.06 of the Revised Code and rule 3745-47-29 of the Administrative Code.

(5) The director may waive the submittal and review requirements listed in paragraphs (B)(3)(f) to (B)(3)(h) and (C)(5) of this rule if the applicant is seeking a revised water quality based effluent limit based upon the results of either a site specific study of the water quality criteria or a change in the water quality criteria found in Chapter 3745-1 of the Administrative Code and the applicant demonstrates that the facility has not complied with the existing water quality based permit limit. The following conditions must be met for this waiver to apply:

(a) Any proposed net increase in the discharge of regulated pollutants complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding state waters, or superior high quality waters; and

(b) The requirements of paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.

(E) Categorization of waters; site-specific revisions.

(1) All surface waters are categorized as general high quality waters except as follows.

(a) Lake Erie is categorized as a superior high quality water.

(b) All surface waters of the state meeting the definition of limited quality waters are so categorized, unless the water body is the source of drinking water for a public water supply, in which case it shall be considered a general high quality water for the purposes of this rule.

(c) The water bodies listed in table 5-4 of this rule are categorized superior high quality waters. The reserved set aside percentage established pursuant to paragraph (C)(6)(c) of this rule is thirty-five per cent unless indicated otherwise in table 5-4 of this rule.

(d) The water bodies listed in table 5-5 of this rule are categorized outstanding state waters due to exceptional ecological values. The reserved set aside percentage established pursuant to paragraph (C)(6)(a) of this rule is seventy per cent of the remaining available pollutant assimilative capacity.

(e) The water bodies listed in table 5-6 of this rule are categorized outstanding state waters due to exceptional recreational values. The provisions of paragraph (C)(6)(e) of this rule apply.

(f) The water bodies listed in table 5-7 of this rule are categorized outstanding national resource waters.

(2) At least once every three years, the director, in consultation with the director of the department of natural resources, shall consider available information on water bodies in Ohio and determine appropriate high quality water categorizations. Each determination shall consider attributes of exceptional recreational or ecological value, the national significance of the water body, and other existing and planned uses of the water body. If the director identifies any waters not properly categorized, the director shall public notice the director's intent to categorize them to the appropriate category upon consideration of public comment. The director shall categorize outstanding national resource waters, outstanding state waters and superior high quality waters in tables 5-4 to 5-7 of this rule.

(3) A person adversely affected by the high quality water categorization of a water body pursuant to paragraph (E)(1) or (E)(2) of this rule may petition the director to revise that categorization. Any such petition shall detail the basis for the petition and contain, at a minimum, new relevant and factual information, or relevant and factual information not previously available to the director at the time of the categorization described in paragraph (E)(1) or (E)(2) of this rule. The petition must contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either revise or retain the categorization under paragraph (E)(1) or (E)(2) of this rule. Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revisions to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.

(4) Petitions for revision to set asides.

(a) Any person who is or may be adversely affected by a set aside percentage established pursuant to paragraph (C)(6)(a) or (C)(6)(c) of this rule may petition the director to revise that set aside percentage. Any such petition shall detail the basis for the petition and contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either retain the set aside percentage, remove the set aside percentage or establish site specific set asides for one or more pollutants.

(b) If the director concludes, based on the information presented in the petition and such other relevant scientific information as is available to the director, that the existing set aside is more or less stringent than necessary to preserve the attributes that justified designation of the water body as an outstanding state water or superior high quality water, the director shall establish a revised, site-specific set aside for that or those pollutants. The revised site-specific set aside for each pollutant shall be set at the percentage of the remaining available pollutants' assimilative capacity that the director concludes, based on the available scientific evidence, must be preserved to adequately protect the attributes that justified designation of the water body as an outstanding state water or superior high quality water.

(c) Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve, approve with modifications or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revision to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.

(F) Special provisions for bioaccumulative chemicals of concern in the lake Erie drainage basin.

The following special provisions are applicable to the discharge or release to the environment of any bioaccumulative chemical of concern in the lake Erie drainage basin. Unless otherwise noted, these requirements shall apply in addition to the provisions found in paragraphs (A) to (E) of this rule.

(1) In lieu of the requirements of paragraph (B)(1) of this rule, any significant lowering of water quality as described in paragraph (F)(2) of this rule shall require the applicant to submit the information required by paragraph (B)(3) of this rule and to complete the demonstration required by paragraph (F)(3) of this rule. The director shall establish conditions in the control document that meet the requirements of paragraph (F)(4) of this rule.

(2) Significant lowering of water quality.

(a) A significant lowering of water quality occurs when there is a new or increased loading of any bioaccumulative chemical of concern from any regulated existing or new facility, either point source or nonpoint source for which there is a control document or reviewable action, as a result of any activity including, but not limited to:

(i) Construction of a new regulated facility or modification of an existing regulated facility such that a new or modified control document is required;

(ii) Modification of an existing regulated facility operating under a current control document such that the production capacity of the facility is increased;

(iii) Addition of a new source of untreated or pretreated effluent containing or expected to contain any bioaccumulative chemical of concern to an existing wastewater treatment works, whether public or private;

(iv) A request for an increased limit in an applicable control document; and

(v) Other deliberate activities that, based on the information available, could be reasonably expected to result in an increased loading of any bioaccumulative chemical of concern to any waters of the Great Lakes system.

(b) Notwithstanding the above, changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review. These changes include, but are not limited to:

(i) Normal operational variability including, but not limited to, intermittent increased loadings related to wet weather conditions;

(ii) Changes in intake water pollutants;

(iii) Increasing the production hours of the facility, (e.g., adding a second shift), provided production hours do not exceed those described in, or used to derive, the existing control document;

(iv) Increasing the rate of production, provided production rates do not exceed those described in, or used to derive, the existing control document;

(v) Discharges of quantities of a bioaccumulative chemical of concern in the intake water at a facility proposing a new or increased discharge, provided that the new or increased discharge is not expected to result in a net increase in the total load of the bioaccumulative chemical of concern in the receiving water body;

(vi) Increasing the sewered area, connection of new sewers and customers, or acceptance of trucked-in wastes such as septage and holding tank wastes by a POTW unless, for a bioaccumulative chemical of concern, there is increased loading due to the collection of wastewater from a significant industrial user and, based on the industry's raw materials and processes, the wastewater is expected to have quantifiable concentrations of the bioaccumulative chemical of concern significantly above levels typically associated with domestic wastewater and non-industrial stormwater;

(vii) Increased discharge of a bioaccumulative chemical of concern due to implementation of controls on wet weather-related flows, including, but not limited to, combined sewer overflows and industrial stormwater; and

(viii) Increased discharges of a bioaccumulative chemical of concern resulting from a change in fuel used by the discharger, provided that the discharger was capable of accommodating the new fuel on the effective date of this rule.

(c) Also excluded from an antidegradation review are new effluent limits based on improved monitoring data or new water quality criteria or values that are not a result of changes in pollutant loading.

(d) Also excluded from the antidegradation submittal and review requirements listed in paragraphs (B)(3)(c) to (B)(3)(h) and (C)(5) of this rule is any imposition of mercury effluent limitations in an NPDES permit for an existing source, where the mercury effluent limitations are based on a variance pursuant to paragraph (D)(10) of rule 3745-33-07 of the Administrative Code.

(3) Antidegradation demonstration.

Any entity seeking to significantly lower water quality for a bioaccumulative chemical of concern, as defined in paragraph (F)(2) of this rule, in a limited quality water or high quality water must, in addition to the requirement in paragraph (B)(3) of this rule, submit an antidegradation demonstration for consideration by the director pursuant to the review requirements of this paragraph and paragraph (C) of this rule. The antidegradation demonstration shall include the following:

(a) Pollution prevention alternatives analysis. Identify any cost-effective pollution prevention alternatives and techniques that are available to the entity, that would eliminate or significantly reduce the loadings of bioaccumulative chemicals of concern; and

(b) Alternative or enhanced treatment analysis. Identify alternative or enhanced treatment techniques that are available to the entity that would eliminate the lowering of water quality and their costs relative to the cost of treatment necessary to achieve applicable effluent limitations.

(4) For limited quality waters and high quality waters, the director shall ensure that no action resulting in a lowering of water quality occurs unless an antidegradation demonstration has been completed pursuant to paragraphs (B)(3) and (F)(3) of this rule and the information thus provided is determined by the director pursuant paragraph (C) of this rule to adequately support the lowering of water quality.

(a) The director shall establish conditions in the control document applicable to the regulated facility that prohibit the regulated facility from undertaking any deliberate action, such that there would be an increase in the rate of mass loading of any bioaccumulative chemical of concern, unless an antidegradation demonstration is provided to the director and approved pursuant to paragraph (C) of this rule prior to commencement of the action. Imposition of limits due to improved monitoring data or new water quality criteria or values, or changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review.

(b) For bioaccumulative chemicals of concern known or believed to be present in a discharge, from a point or nonpoint source, a monitoring requirement shall be included in the control document. The control document shall also include a provision requiring the source to notify the director of any increased loadings that would be subject to the provisions of the paragraph (F)(2) of this rule and which have not received approval from the director under the conditions specified in this rule. Upon notification, the director shall require actions as necessary to reduce or eliminate the increased loading if the increase is subject to the provisions of the paragraph (F)(2) of this rule. Requirements to reduce or eliminate the increased loading imposed by the director pursuant to this paragraph shall apply unless or until the director approves the increased loadings under the provisions specified in this rule.

(c) Fact sheets prepared pursuant to 40 C.F.R. 124.8 and 40 C.F.R. 124.56 shall reflect any conditions developed under paragraph (F) of this rule and included in a permit.

Table 5-1. Best available demonstrated control technology for new sources discharging sanitary wastewater.


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Table 5-2. Declining fish species.


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Table 5-3. Threatened species.


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Table 5-4. Superior high quality waters.


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Table 5-5. Outstanding state waters based on exceptional ecological values.


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Table 5-6. Outstanding state waters based on exceptional recreational values.


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Table 5-7. Outstanding national resource waters.


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Effective: 03/01/2011
R.C. 119.032 review dates: 07/01/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 6111.041, 6111.12
Rule Amplifies: R.C. 6111.041, 6111.12
Prior Effective Dates: 2/14/1978, 4/4/1985, 10/1/1996, 10/31/1997, 5/1/1998, 4/17/2001 (Emer.), 7/1/2003, 3/15/2010

3745-1-05 [Effective 2/6/2017] Antidegradation.

[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 3745-1-03 of the Administrative Code.]

(A) Definitions.

[Comment: The following definitions are in addition to the definitions contained in rule 3745-1-02 of the Administrative Code.]

(1) "Available pollutant assimilative capacity" means the water body pollutant assimilative capacity for a substance, as determined in paragraph (A)(28)(a) of this rule, minus the background pollutant load, or the quantity for a substance as calculated in paragraph (A)(28)(b) of this rule.

(2) "Background pollutant load" means the sum of all upstream pollutant loads of a regulated pollutant and has the same meaning as the background water quality as determined in accordance with paragraph (A)(3) of rule 3745-2-05 of the Administrative Code.

(3) "Best available demonstrated control technology" means a wastewater treatment capable of meeting the following effluent limitations or design criteria :

(a) For the discharge of sanitary wastewater from facilities using conventional treatment technologies, the effluent limitations in table 5-1 of this rule.

(b) For the discharge of sanitary wastewater from alternative treatment technologies such as lagoon systems, land application and controlled discharge systems, constructed wetland systems or combined sewer overflow control systems effluent limitations shall be developed on a case-by-case basis.

(c) For industrial direct discharges subject to federal effluent guidelines, the facility shall be designed to meet the most stringent of the new source performance standards, best conventional pollutant control technology, best available technology economically achievable and best practicable control technology currently available for the appropriate categorical guidelines of 40 C.F.R. 400 to 40 C.F.R. 471.

(d) For categorical industrial indirect dischargers, the facility shall be designed to meet categorical pretreatment standards for existing sources or categorical pretreatment standards for new sources as contained in Chapter 3745-3 of the Administrative Code.

(e) For non-categorical industrial direct or indirect discharges, effluent limitations will be developed based upon best engineering or professional judgment.

(f) For wastewater discharges resulting from clean-up of response action sites contaminated with volatile organic compounds, the facility shall include air-stripping, carbon columns, both, or equivalent treatment capable of achieving final thirty-day average effluent limits of five micrograms per liter or less for each individually regulated volatile organic compound.

(4) "Control document" means any authorization issued by a state or federal agency to any source of pollutants to waters under its jurisdiction that specifies conditions under which the source is allowed to operate.

(5) "Declining fish species" mean those species listed in table 5-2 of this rule. Declining fish species are native species that have declined in distribution across Ohio based on collection records since 1978 compared to historical distributions of fish species.

(6) "Designated uses" mean those uses assigned in this chapter for a water body or segment whether or not those uses are being attained. Specific designated uses are defined in rule 3745-1-07 of the Administrative Code.

(7) "Director" means the director of the Ohio environmental protection agency, or the director of the Ohio department of agriculture for projects or activities governed under Chapter 903. of the Revised Code.

(8) "Existing uses" mean those uses actually attained in the water body on or after November 28, 1975.

(9) "Existing source" means any treatment works or disposal system, and its associated treatment or production capacity that:

(a) Was built, operational and discharging prior to July 1, 1993 .

(b) Was authorized by a permit to install or national pollutant discharge elimination system permit issued after July 1, 1993.

An individual or a collection of several household sewage treatment systems does not constitute an existing source.

(10) "High quality waters" mean all surface waters of the state except limited quality waters. Pursuant to division (A)(2) of section 6111.12 of the Revised Code, four categories of high quality waters are hereby recognized and described in this paragraph. Categorizations of specific water bodies shall follow the procedures in paragraph (E) of this rule.

(a) "General high quality waters" are wetlands categorized as category 2 or 3 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters that are not specifically categorized limited quality waters, superior high quality waters, outstanding state waters, or outstanding national resource waters.

(b) "Superior high quality waters" are surface waters that possess exceptional ecological values and that have been so categorized pursuant to paragraph (E) of this rule. Except as provided below, exceptional ecological values shall be assessed based upon a combination of the presence of threatened or endangered species and a high level of biological integrity. The following factors shall be considered in determining exceptional ecological value: providing habitat for Ohio or federal endangered species; providing habitat for Ohio threatened species; harboring stable populations of a declining fish species that coincide with the presence of suitable habitat for that species, or that coincide with an essential migration path between areas of suitable habitat for that species; and displaying a level of biological integrity equivalent to the exceptional warmwater habitat index of biotic integrity or invertebrate community index criteria values listed in rule 3745-1-07 of the Administrative Code.

Water bodies that exhibit a pattern of biological integrity equivalent to index of biotic integrity and, where applicable, invertebrate community index scores of fifty-six or greater at most sites are characteristic of a near-pristine aquatic habitat. Such waters, as well as other ecologically unique water bodies that have essentially undisturbed native faunas, but for which the biological criteria in rule 3745-1-07 of the Administrative Code do not apply, may be considered as possessing exceptional ecological values without the presence of threatened or endangered species.

(c) "Outstanding state waters" are waters that have special significance for the state because of their exceptional ecological values or exceptional recreational values, and that have been so categorized pursuant to paragraph (E) of this rule. To qualify on the basis of exceptional ecological values they must meet the qualifications for superior high quality waters and be further distinguished as being demonstratively among the best waters of the state from an ecological perspective. To qualify on the basis of exceptional recreational values they must provide outstanding or unique opportunities for recreational boating, fishing or other personal enjoyment.

(d) "Outstanding national resource waters" are surface waters that have a national ecological or recreational significance, and that have been so categorized pursuant to paragraph (E) of this rule. National ecological significance may include providing habitat for populations of federal endangered or threatened species or displaying some unique combination of biological characteristics in addition to those factors listed in paragraph (A)(10)(b) of this rule. National recreational significance may include designation in the national wild and scenic river system.

(11) "Land application and controlled discharge system" means an innovative technology for the treatment of sewage that balances land application of treated wastewater with controlled discharges of wastewater under conditions that minimize stress on the aquatic environment. The system shall be designed to allow a discharge during winter months and required land application of the wastewater during summer months.

(12) "Limited quality waters" mean wetlands categorized as category 1 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters of the state specifically designated in rules 3745-1-08 to 3745-1-30 of the Administrative Code as limited resource water, nuisance prevention, limited warmwater habitat, or modified warmwater habitat.

(13) "Mass discharge limit" means for an existing source:

(a) The average thirty-day mass limit specified in the national pollutant discharge elimination system permit .

(b) The product of the average concentration limit specified in the permit and the permitted discharge flow, if no average mass limit is specified .

(c) The product of an average concentration value derived from the maximum concentration limit specified in the permit using derivation methods established in the total maximum daily load procedures and the permitted discharge flow, if no average concentration or mass limit is specified.

(14) "Minimal degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in a lesser lowering of water quality.

(15) "Mitigative technique alternative" means an alternative, other than the applicant's preferred alternative, or other on-site or off-site control measures designed to offset all or part of the lowering of water quality, preferably within the same watershed.

(16) "Modification of a facility" means:

(a) The addition of new wastewater or sources of pollutants to an existing source, including the addition of new industrial users .

(b) Any other physical change at the facility from which the discharge is generated that increases the capacity of that facility to discharge a pollutant or results in the discharge of a pollutant not previously discharged, excluding the following:

(i) Routine repair, maintenance and replacement of existing equipment .

(ii) Increases in hours or rates of operation and the use of alternative fuels or raw materials that can be implemented without any physical changes to the facility .

(iii) Physical changes designed to restore previously existing production or treatment capacity.

An expansion of the wastewater treatment system is not considered a modification of the facility.

(17) "Net increase" means:

(a) For a new source, any level of a regulated pollutant discharged to waters of the state as a result of the activity subject to this rule .

(b) For an existing source:

(i) The amount by which the sum of the following exceeds zero:

(a) The increase in the mass discharge limit attributable to the activity subject to this rule .

(b) All other contemporaneous increases or decreases attributable to other pollutant sources affecting the surface water segments under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit .

(ii) For heat, bacteria and any other regulated pollutant which, though not measurable as a mass level is nonetheless susceptible to determinations of net increase, the amount by which the sum of the following exceeds zero:

(a) The increase in an authorized discharge level attributable to the activity subject to this rule .

(b) All other contemporaneous increases or decreases attributable to other pollutant sources affecting the surface water segments under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit.

(18) "New source" means any treatment works or disposal system other than an existing source, excluding new domestic sewage sources and industrial users tributary to a publicly owned treatment works. A new treatment works built to serve a home or homes with individual systems is considered a new source.

(19) "Non-degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in the elimination of the need to lower water quality.

(20) "Permit modification" means an application filed by the permit holder pursuant to paragraph (D) of rule 3745-33-04 of the Administrative Code.

(21) "Permitted discharge flow" means the discharge flow specified in the national pollutant discharge elimination system permit, or permit to install application if not specified in a national pollutant discharge elimination system permit, and shall be representative of the typical wastewater flow to be discharged by a facility when the wastewater facility is operating at full capacity, and considering, where applicable, discharge flows during wet weather events.

(22) "Pollution prevention alternative" means the use of source reduction techniques in order to reduce risk to public health, safety, welfare and the environment and, as a second preference, the use of environmentally sound recycling to achieve these same goals. Pollution prevention avoids cross-media transfers of waste or pollutants and is multi-media in scope; it addresses all types of waste and environmental releases to the air, water and land.

(23) "Regulated pollutant" means any parameter for which water quality criteria have been adopted in, or developed pursuant to, Chapter 3745-1 of the Administrative Code with the exception of biological criteria, and any other parameter that may be limited in a national pollutant discharge elimination system permit as a result of new source performance standards, best conventional pollutant control technology, best available technology economically achievable or best practicable control technology currently available for the appropriate categorical guidelines of 40 C.F.R. 400 to 40 C.F.R. 471. For the purposes of this rule, pH and dissolved oxygen are not considered "regulated pollutants."

(24) "Remaining available pollutant assimilative capacity" means the available pollutant assimilative capacity for a substance minus the load already allocated to existing national pollutant discharge elimination system permits for dischargers in the water body segment receiving the allocation. This term is not used in the application of antidegradation for lake Erie.

(25) "State resource water" is a designation of high quality waters that is being replaced by the categories of high quality waters described in paragraph (A)(10) of this rule. All water body segments currently designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are categorized in this rule as general high quality waters, unless they are specifically listed in tables 5-4 to 5-7 of this rule. Waters designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are subject to the considerations of paragraph (C)(5)(d) of this rule.

(26) "Threatened species" mean those species listed in table 5-3 of this rule. A threatened species is an indigenous species whose survival in Ohio is not in immediate jeopardy, but to which a threat exists. Continued or increased stress will result in its becoming endangered.

(27) "Total maximum daily load procedures" mean the procedures for calculating wasteload allocations adopted in Chapter 3745-2 of the Administrative Code.

(28) "Water body pollutant assimilative capacity" means the total maximum allowable load of a substance for a specific water body segment and is calculated as:

(a) For a stream, the water quality criteria for a substance multiplied by the total applicable flow at the end of the segment being studied. The applicable flow is determined using the total maximum daily load procedures .

(b) For a lake, a value equal to the permitted discharge flow times Y, where Y equals eleven times the water quality criteria for a substance minus ten times the background concentration for the substance.

Water body pollutant assimilative capacity for a lake can also be determined by any alternative method which the director determines to be appropriate and consistent with the total maximum daily load procedures.

(B) Applicability; responsibilities of the applicant.

Except as provided in paragraphs (B)(2), (D) and (F) of this rule, projects or activities covered under paragraph (B)(1) of this rule shall be subject to an antidegradation review described in paragraph (C) of this rule.

(1) This rule shall apply to the following :

(a) For existing sources, any re-issuance or modification of a national pollutant discharge elimination system permit that, if approved, would result in:

(i) Any net increase of a regulated pollutant .

(ii) If the national pollutant discharge elimination system permit specifies no limit for the pollutant, then the imposition of any effluent limit as a result of a modification of the facility .

(iii) Approval of combined sewer overflow long term control plans and incorporation of the appropriate conditions into an NPDES permit. Long term control plans shall address planned sewer connections and development tributary to the collection system.

(b) For new sources, any permit to install or national pollutant discharge elimination system permit application that, if approved, would result in a net increase in the discharge of any regulated pollutant. For these sources, if a national pollutant discharge elimination system permit application is submitted and approved under the provisions of this rule, a subsequent permit to install application proposing the selected alternative will not be subject to review under this rule.

(c) Any section 401 water quality certification application pursuant to Chapter 3745-32 of the Administrative Code.

(d) Any nonpoint source of pollution that results in a net increase in the release of any regulated pollutant, provided the director has separate authority to regulate the activity.

(e) Unless authorized by a section 404 permit and section 401 water quality certification or a state isolated wetland permit, any permit to install application reviewed pursuant to Chapter 6111. of the Revised Code that would authorize the placement of fill or the construction of any portion of a sewerage system in or near surface waters of the state, if the director determines that aquatic habitat alterations caused by the activity and associated construction disturbances would result in the loss of an existing or designated use as defined in this chapter.

(f) The transfer of all or a portion of the wastewater discharged by a treatment works to a different receiving water body, or to a different treatment works discharging to a different water body, unless the transfer is to a treatment works with capacity to accept the transferred wastewater within the terms of its existing national pollutant discharge elimination system permit. If a discharge is relocated on the same receiving water body within two miles of the original discharge then there is considered to be no net increase in the discharge.

(g) The issuance by the director of environmental protection, in accordance with Chapter 3745-38 of the Administrative Code, or by the director of agriculture, in accordance with Chapter 901:10-4 of the Administrative Code, of a general national pollutant discharge elimination system permit that would result in a net increase.

(h) Any state isolated wetland permit application submitted under section 6111.024 of the Revised Code.

(2) The activities, permits, applications, certifications or other circumstances described in this paragraph are exempt from all provisions of this rule.

(a) Any existing source discharging to waters of the state prior to July 1, 1993, or modifications of a facility made after July 1, 1993, that is not discharging under the terms of a national pollutant discharge elimination system permit. Only the portion of the flow that the existing source was capable of discharging as of July 1, 1993 shall not be subject to the rule provisions.

(b) Any existing source where the net increase is:

(i) The result of allowing a previously authorized or documented production or treatment capacity to be achieved .

(ii) The result of allowing a limit up to that authorized by the immediately preceding, effective national pollutant discharge elimination system permit, which is not the result of a modification of a facility .

(iii) If no limit was included in the immediately preceding national pollutant discharge elimination system permit and the pollutant was present or believed present in the discharge when the prior permit was issued, the inclusion of a limit for that pollutant provided there is no increase that is the result of a modification of a facility.

(c) Any permit to install application for a sanitary sewer line extension or a new or expanding industrial user upstream of combined sewer overflows in a community operating a combined sewer system if:

(i) The application conforms to the conditions related to approved long term development or planning documents associated with combined sewer overflow control measures incorporated into a national pollutant discharge elimination system permit as referenced in paragraph (B)(1)(a)(iii) of this rule .

(ii) It can be documented that subsequent overflows from the combined sewer system will only occur in situations where the wet weather flows within the sanitary sewers exceed six times the average dry weather flows within the sanitary sewers .

(iii) It can be documented that the combined sewers are and will continue to be operating at less than the original design dry weather capacity .

(iv) There is an approved and ongoing flow or pollutant offset or infiltration and inflow reduction program for the collection system.

(d) Any notice of intent filed with the director of environmental protection requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 3745-38 of the Administrative Code or notice of intent filed with the director of agriculture requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 901:10-4 of the Administrative Code.

(e) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving water body by less than one degree Fahrenheit or is otherwise covered by the provisions of a section 316(a) variance.

(f) The initial inclusion of whole effluent toxicity limitations in any national pollutant discharge elimination system permit or other control document, if there has been no change in discharge since July 1, 1993.

(g) The addition or expansion of an industrial user to a publicly owned treatment works (POTW) collection system that does not trigger a permit limit for the POTW. Local limits shall be established for the POTW pretreatment program, or equivalent, utilizing a ten per cent safety factor when performing the evaluation related to effluent limitations to protect water quality standards.

(h) The addition of domestic sewage sources to the POTW within the design capacity of the POTW.

(i) A national pollutant discharge elimination system permit associated with a coal remining site where no individual section 401 water quality certification is required for the remining operation and where the director determines that the proposed discharge meets the criteria for modified effluent limits for a pollution abatement area as that term is defined under 40 C.F.R. 434.70.

(3) Except as provided in paragraphs (B)(2), (B)(4), (D) and (F) of this rule, the applicant covered by paragraph (B)(1) of this rule must submit documentation of the following :

(a) Identification of the substances to be discharged, including the amount of regulated pollutants to be discharged in terms of mass and concentration, and, if paragraph (B)(1)(c) of this rule applies, the amount of dredged and fill material to be discharged.

(b) A description of any construction work, fill or other structures to occur or be placed in or near the stream bed.

(c) A description and schematic of the applicant's preferred alternative for design and operation, including appropriate cost estimates, of the activity.

(d) Description and analyses, including availability, cost effectiveness and technical feasibility, of the utilization of central or regional treatment facilities rather than creating a new point source discharge. This analysis shall include an evaluation of long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents.

(e) Descriptions, schematics and analyses of non-degradation alternatives, minimal degradation alternatives and mitigative technique alternatives for the design and operation, including appropriate cost estimates, of the activity that the applicant has considered.

(f) An estimate of the important social, economic and environmental benefits to be realized through the project or activity if the water quality is lowered, including, as appropriate, the number and types of jobs created and the tax revenues generated.

(g) An estimate of important social, economic and environmental benefits to be lost if water quality is lowered, such as lost or lowered recreational opportunities.

(h) To the extent that such information is known to those in the local community or is otherwise public, a listing and description of all government or privately sponsored conservation projects that have specifically targeted improved water quality or enhanced recreational opportunities on the water body affected by the activity.

(4) Applications for section 401 water quality certifications are exempt from paragraph (B)(3) of this rule. Required submissions shall be determined in accordance with section 6111.30 of the Revised Code, Chapter 3745-32 of the Administrative Code and rules 3745-1-50 to 3745-1-54 of the Administrative Code.

(C) Antidegradation review requirements.

(1) Protection of water body uses.

Existing uses, which are determined using the use designations defined in rule 3745-1-07 of the Administrative Code, and the level of water quality necessary to protect existing uses, shall be maintained and protected. There may be no degradation of water quality that results in either a violation of the applicable water quality criteria for the designated uses, unless authorized by a water quality standard variance issued in accordance with rule 3745-1-38 of the Administrative Code, or the elimination or substantial impairment of existing uses. The director shall, pursuant to paragraph (C) of rule 3745-1-07 of the Administrative Code, prohibit increased concentrations of specific regulated pollutants that are incompatible with the attainment or restoration of the designated use. Existing wetland uses, as defined in rule 3745-1-53 of the Administrative Code, shall be maintained and protected in accordance with rules 3745-1-50 to 3745-1-54 of the Administrative Code.

(2) Required treatment technology, nonpoint source controls.

Except as provided in paragraph (D)(2) of this rule, any net increase in the discharge of a specific regulated pollutant resulting from a modification or new source shall, as a minimum, be controlled through best available demonstrated control technology relative to the specific regulated pollutant. More stringent treatment may be required pursuant to paragraph (C)(8) of this rule, or if needed to meet water quality standards. Feasible management or regulatory programs pursuant to sections 208, 303 and 319 of the act shall be applied to nonpoint sources.

(3) Public involvement.

Except as provided in paragraphs (B)(2) and (D) of this rule, the director shall provide for public participation and intergovernmental coordination prior to taking action on all activities covered by paragraph (B)(1) of this rule using the provisions of this paragraph.

(a) In accordance with Chapter 3745-49 of the Administrative Code, the director shall publish a public notice within thirty days regarding receipt of any permit application or state isolated wetland permit application covered by paragraph (B)(1) of this rule. The purpose of such notice shall be to allow for inspection and review of the application, to indicate that the project is subject to the provisions of this rule and whether any of the exclusions or waivers described in paragraph (D) of this rule apply, to instruct people to contact the director within thirty days if they want to be on the interested parties mailing list for that application, and, on general high quality waters and limited quality waters, to determine whether there is interest in having a public hearing. Public notice for section 401 water quality certification applications shall be published pursuant to the requirements in section 6111.30 of the Revised Code.

Notices shall be sent by first class mail to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(b) The director shall develop an informational fact sheet for each permit or activity for which a public notice is issued in accordance with paragraph (C)(3)(a) of this rule, excluding section 401 water quality certification and state isolated wetland permit activities, within thirty days of receipt of the application. The purpose of such fact sheet shall be to: provide information to potentially affected parties; provide a description of the project; outline the review process and schedule; specify where the application or permits can be viewed; identify the water bodies potentially affected; instruct individuals how to request to be on the interested parties mailing list; provide an opportunity to request a public hearing pursuant to paragraph (C)(3)(f) of this rule; and advertise the date, time and location of a public hearing if one is scheduled pursuant to paragraph (C)(3)(e) of this rule. These fact sheets shall be sent by first class mail, or alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(c) All notices of public hearings required by paragraphs (C)(3)(e) and (C)(3)(f) of this rule shall be published once in a newspaper having general circulation in the county where the source, activity or facility is located. The notice shall be published at least forty-five days before the hearing. Notices of hearings shall also be sent by first class mail, or by alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(d) The director shall develop and maintain a list of persons and organizations who have expressed an interest in or may, by the nature of their purposes, activities or members, be affected by or have an interest in antidegradation reviews. These persons and organizations may request that all fact sheets or public hearing public notices identified by this rule be forwarded to them by means other than first class mail (e.g., by electronic transmission).

(e) Within ninety days of receipt of the application, the director shall hold a public hearing for any permit application, section 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever a water body categorized outstanding national resource water, outstanding state water, superior high quality water or category 3 wetland is affected. This public hearing shall be for the purpose of evaluating issues related to lower water quality and shall be prior to and separate from a public hearing on the proposed or draft action on the application. Section 401 water quality certifications impacting lake Erie or its shoreline are exempt from this requirement. Public hearings for section 401 water quality certifications impacting lake Erie or its shoreline will be held at the discretion of the director and according to the timelines contained in section 6111.30 of the Revised Code.

(f) For general high quality waters other than category 3 wetlands and for limited quality waters, the director shall hold a public hearing for any permit to install application, national pollutant discharge elimination system permit application, section 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever the director determines there is significant public interest. A public hearing shall be held for the issuance of any draft general national pollutant discharge elimination system permit.

The director shall hold public hearings relative to issues of lower water quality as a concurrent hearing at the time of the draft or proposed action. However, if the application is not covered by paragraph (D) of this rule, the director may choose to hold a public hearing preceding the draft or proposed action if, at the director's discretion, the project is considered to be controversial or complex. For section 401 water quality certification applications and state isolated wetland permit applications, the public hearing shall precede any action of the director.

(g) A public notice of the director's proposed or draft action regarding the activity and its potential to lower water quality shall be published following the procedures in Chapter 3745-49 of the Administrative Code. The director shall provide notification by first class mail, or alternative means as requested, to all interested parties identified through the procedures in paragraph (C)(3) of this rule. Additional procedures are described in paragraph (C)(8) of this rule.

(h) The director shall notify the Ohio department of natural resources, the United States fish and wildlife service, the United States environmental protection agency and any affected local areawide planning agencies of all proposed activities that may lower water quality. In addition, for activities covered under paragraph (B)(1)(a), (B)(1)(b) or (B)(1)(f) of this rule, the director shall notify the Ohio department of development and any affected local governmental units. The director or the other agencies may initiate additional intergovernmental coordination.

(4) Outstanding national resource waters :

The director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule that discharge to outstanding national resource waters, or that discharge upstream of outstanding national resource waters.

(a) Present ambient water quality in outstanding national resource waters shall not be degraded for any substance.

(b) The director may re-issue permits for any source discharging to an outstanding national resource water if the source had a national pollutant discharge elimination system permit at the time the water body was categorized an outstanding national resource water as described in paragraph (E) of this rule, provided there is no increase in the permitted discharge concentrations or loads.

(c) New sources may not discharge directly to outstanding national resource waters, and may not discharge at points located upstream from outstanding national resource waters unless it can be demonstrated by the applicant that the chemical and biological quality of the outstanding national resource water will not be adversely affected.

(d) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(e) of this rule, activities that result in short-term changes in water quality in outstanding national resource waters may be allowed if the director determines there will be no long-term detrimental impact. Activities resulting in short-term impacts on outstanding national resource waters will be subject to a review of non-degradation alternatives, minimal degradation alternatives, mitigative technique alternatives, economic and social benefits, public participation and intergovernmental coordination. For section 401 water quality certifications for outstanding national resource waters, demonstration of avoidance, minimization and mitigation of impacts shall serve as the applicant's non-degradation, minimal degradation and mitigative technique alternatives analysis as required in paragraph (B) of rule 3745-32-03 of the Administrative Code.

(e) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(d) of this rule discharges of dredged and fill material to outstanding national resource waters that are wetlands, and are owned and managed solely for natural area preservation, public recreation, education or scientific purposes, may be authorized provided the discharges and associated activities result in only a short-term disturbance to water quality and will not adversely affect the ecological quality of the wetland or other surface waters. Authorized discharges and associated activities include boardwalk construction, repair and maintenance of dikes and other hydrological controls, and removal of non-native and invasive plant species. For these discharges and associated activities the director may waive the need for the review outlined in paragraph (C)(4)(d) of this rule.

(5) Other waters.

For waters other than outstanding national resource waters and limited quality waters, the director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule, except that for section 401 water quality certifications and state isolated wetland permits pursuant to section 6111.024 of the Revised Code for high quality waters that are wetlands, the director shall impose the requirements specified in rules 3745-1-50 to 3745-1-54 of the Administrative Code in lieu of paragraphs (C)(5) and (C)(8) of this rule. In addition, the director may apply the items in paragraphs (C)(5)(a) to (C)(5)(f) and (C)(5)(k) to (C)(5)(m) of this rule, may consider cumulative impacts as defined in paragraph (I) of rule 3745-1-50 of the Administrative Code, and shall consider whether the wetland is scarce regionally or statewide and the feasibility of replacing that wetland type, in making a decision whether to allow the lowering of water quality. For section 401 water quality certifications for high quality waters, other than wetlands, demonstration of avoidance, minimization and mitigation of impacts shall serve as the applicant's non-degradation, minimal degradation and mitigative technique alternatives analysis as required in paragraph (B) of rule 3745-32-03 of the Administrative Code.

The director may approve activities that lower water quality only if there has been an examination of non-degradation, minimal degradation and mitigative technique alternatives, a review of the social and economic issues related to the activity, a public participation process and appropriate intergovernmental coordination, and the director determines that the lower water quality is necessary to accommodate important social or economic development in the area in which the water body is located.

The director may require the applicant to implement a non-degradation alternative, a minimal degradation alternative or a mitigative technique alternative to offset all or part of the proposed lowering of water quality, if the director determines that the alternative is technically feasible and economically justifiable. Any lowering of water quality shall not exceed the limitations specified in paragraph (C)(6) of this rule.

When making determinations regarding proposed activities that lower water quality the director shall consider the following:

(a) The magnitude of the proposed lowering of water quality .

(b) The anticipated impact of the proposed lowering of water quality on aquatic life and wildlife, including threatened and endangered species, important commercial or recreational sport fish species, other individual species and the overall aquatic community structure and function .

(c) The anticipated impact of the proposed lowering of water quality on human health and the overall quality and value of the water resource .

(d) The degree to which water quality may be lowered in waters located within national, state or local parks, preserves or wildlife areas, waters listed as state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code, or waters categorized outstanding national resource waters, outstanding state waters or superior high quality waters .

(e) The effects of lower water quality on the economic value of the water body for recreation, tourism and other commercial activities, aesthetics, or other use and enjoyment by humans .

(f) The extent to which the resources or characteristics adversely impacted by the lowered water quality are unique or rare within the locality or state .

(g) The cost of the water pollution controls associated with the proposed activity .

(h) The cost effectiveness and technical feasibility of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives and the effluent reduction benefits and water quality benefits associated with such alternatives .

(i) The availability, cost effectiveness, and technical feasibility of central or regional sewage collection and treatment facilities, including long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents .

(j) The availability, reliability and cost effectiveness of any non-degradation alternative, minimal degradation alternative or mitigative technique alternative .

(k) The reliability of the preferred alternative including, but not limited to, the possibility of recurring operational and maintenance difficulties that would lead to increased degradation .

(l) The condition of the local economy, the number and types of new direct and indirect jobs to be created, state and local tax revenue to be generated, and other economic and social factors as the director deems appropriate .

(m) Any other information regarding the proposed activities and the affected water body that the director deems appropriate.

(6) Set asides to limit lower water quality.

In addition to the other provisions of paragraph (C) of this rule, the director shall not allow water quality to be lowered by more than as specified in this paragraph when acting on applications or activities covered by paragraph (B)(1) of this rule.

(a) For outstanding state waters, the director shall reserve seventy per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been adopted in or developed pursuant to this chapter. Except as provided in paragraph (C)(7) of this rule, the reserved portion shall not be allocated to any source unless, and to the extent that, the source demonstrates that a smaller reserve will adequately protect resident or representative species. The requirements of this paragraph shall not apply to any water body categorized as outstanding state water solely because of its exceptional recreational value.

(b) For lake Erie, new and existing sources shall be limited to the water body pollutant assimilative capacity as defined in paragraph (A)(28)(b) of this rule.

(c) For superior high quality waters, other than lake Erie and those waters covered by paragraph (C)(6)(e) of this rule, the director shall reserve thirty-five per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been established in this chapter. Except as provided in paragraph (C)(7) of this rule, the reserved portion shall not be allocated to any source unless, and to the extent that, the source demonstrates that a smaller reserve will adequately protect resident or representative species. The director may reserve a higher percentage of the remaining available pollutant assimilative capacity if there is scientific evidence that strongly suggests that resident or representative species are more sensitive to a pollutant or class of pollutants and may be inadequately protected using the applicable water quality criteria and the standard set aside provision. The higher set aside shall be established for specific pollutants or classes of pollutants through rule making pursuant to paragraph (E) of this rule.

(d) For general high quality waters and limited quality waters, water quality may not be lower than the applicable water quality criteria for the water body, unless authorized by a water quality standard variance issued in accordance with appropriate rules.

(e) For outstanding state waters so categorized because of exceptional recreational value the director shall:

(i) Evaluate, or cause the applicant to evaluate, the impact of the project on bacteriological contamination for any project covered under paragraph (B)(1) of this rule. No permit shall be granted if the director finds that the project or discharge will result in a significant long term increase in the frequency and duration of bacteriological pollution.

(ii) Review all permit actions, covered under paragraph (B)(1) of this rule, to minimize the introduction of pollutants or floating debris and materials which may affect the aesthetic quality of the receiving waters.

(7) Credit projects.

An applicant for a project covered under paragraph (B)(1) of this rule may request that the director approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c) of this rule. In order for a credit project to be considered for approval, the proposal must:

(a) Occur in the same water body where the proposed lowering of water quality is to take place .

(b) Not necessarily offset the proposed pollutant load being pursued, but address an existing or potential threat to the water body. This may include providing for water body enhancement or restoration activities.

If the director determines to approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c) of this rule, the director may include, at the director's discretion, an alternative lower set aside to accompany the credit project. A lower set aside must be established through rule making and incorporated into tables established in paragraph (E) of this rule.

(8) Procedures.

(a) The director shall assess each proposed activity covered by paragraph (B)(1) or (F) of this rule on a case-by-case basis. For each proposed activity, the director shall weigh the information acquired relative to the proposal, that was submitted by the applicant or otherwise obtained by the director, and all comments presented during the public review period, including intergovernmental comments, and make a determination to:

(i) Allow the applicant's preferred alternative with appropriate conditions, if applicable, and the lower water quality as proposed because it has been determined that a discharge or the activity is necessary .

(ii) Deny the applicant's preferred alternative as proposed .

(iii) Require a cost beneficial, technically feasible or available non-degradation, minimal degradation or mitigative technique alternative that would result in no or a lesser lowering of water quality.

(b) Any action of the director issuing a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a draft action and shall be issued in accordance with Chapter 3745-49 of the Administrative Code.

(c) Any action of the director denying a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a proposed action and shall be issued in accordance with Chapter 3745-49 of the Administrative Code.

(d) Any action of the director on a section 401 water quality certification covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapters 3745-32 and 3745-49 of the Administrative Code.

(e) Any action of the director on a state isolated wetland permit application submitted pursuant to section 6111.024 of the Revised Code and covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapter 3745-49 of the Administrative Code.

(D) Exclusions and waivers.

The exclusions and waivers described in paragraphs (D)(1)(a), (D)(1)(b), (D)(1)(d), (D)(1)(e) and (D)(3) of this rule do not apply to bioaccumulative chemicals of concern within the lake Erie basin.

(1) The following situations are excluded from the submittal and review requirements listed in paragraphs (B)(3)(e) to (B)(3)(h) and (C)(5) of this rule. In determining the applicability of any of the following exclusions, the evaluation shall not only consider potential effects or impacts to the receiving waters, but also to any subsequent waters potentially affected by the discharge or activity.

(a) Any source discharging to limited quality waters.

(b) Any de minimis net increase determined using the following criteria. For the discharge of primarily sanitary wastewaters, only ammonia-nitrogen will be evaluated to determine the applicability of the appropriate exclusion.

(i) For general high quality waters, any net increase in the discharge of a regulated pollutant that is less than ten per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed eighty per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures.

(ii) For superior high quality waters, other than lake Erie, and outstanding state waters any net increase in the discharge of a regulated pollutant that results in less than a five per cent change in the ambient water quality concentration of the receiving water as projected to occur using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed the portion of the remaining available assimilative capacity specified by the director pursuant to paragraphs (C)(6)(a) or (C)(6)(c) and (E) of this rule.

(iii) For lake Erie any net increase in the discharge of a regulated pollutant that is less than ten per cent of the water body pollutant assimilative capacity.

(c) Combined sewer overflow elimination or reduction projects affecting one or more water bodies where there will be a net decrease in the overall pollutant loadings discharged to surface waters of the state. Treatment byproducts of combined sewer overflow discharges (e.g., chlorine for disinfection) shall be excluded from review.

(d) Any disposal system built and operated exclusively for the treatment of contaminated ground water at response action clean-up sites.

(e) Any disposal system built and operated as a land application and controlled discharge system as defined in paragraph (A)(11) of this rule.

(f) Any net increase in the discharge of a regulated pollutant resulting from a change in fuel used by the discharger, provided the discharger was capable of accommodating the new fuel on the effective date of this rule.

(g) Any imposition of mercury effluent limitations in an NPDES permit for an existing source where the mercury limitations are based on a variance pursuant to paragraph (J) of rule 3745-1-38 of the Administrative Code.

(h) Any discharge of the following regulated pollutants within the range indicated:

(i) Total suspended solids at or below sixty-five mg/l .

(ii) Oil and grease at or below ten mg/l.

(i) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving stream greater than or equal to one degree Fahrenheit, as calculated using total maximum daily load procedures, up to that allowed through water quality standards.

(j) Any general permit developed by the director in accordance with the provisions of Chapter 3745-38 of the Administrative Code.

(2) The director may waive the requirement to install best available demonstrated control technology for new sources discharging sanitary wastewater if:

(a) The modification, new source or national pollutant discharge elimination system application is for a project designed exclusively to restore, maintain or ensure design capacity and associated pollutant discharge levels already authorized in an effective national pollutant discharge elimination system permit .

(b) The modification, new source or national pollutant discharge elimination system application is the direct and sole result of a proposed transfer of pollutant loading from an existing direct discharge of pollution to waters of the state, and the director has determined that the transfer will result in overall environmental improvement. The director's determination on this matter shall be based upon the antidegradation review process specified in paragraph (C) of this rule, unless otherwise excluded from such review pursuant to paragraph (D) of this rule.

(3) The director may waive the submittal and review requirements listed in paragraphs (B)(3)(f) to (B)(3)(h) and (C)(5) of this rule if it is determined that:

(a) The proposed net increase in the discharge of a regulated pollutant does not result in an increase in the ambient water quality concentration of the receiving water after mixing as projected to occur under the total maximum daily load procedures .

(b) Any proposed net increase in the discharge of nutrients (such as, but not limited to, phosphorus and nitrogen) or toxic substances complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding state waters, or superior high quality waters .

(c) The requirements of paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.

(4) Nothing in this rule shall prohibit the director from approving activities that lower water quality on a temporary basis whenever the director determines that an emergency exists requiring immediate action to protect public health and welfare. The director shall issue any such approval in accordance with division (C) of section 6111.06 of the Revised Code and rule 3745-47-19 of the Administrative Code.

(5) The director may waive the submittal and review requirements listed in paragraphs (B)(3)(f) to (B)(3)(h) and (C)(5) of this rule if the applicant is seeking a revised water quality based effluent limit based upon the results of either a site specific study of the water quality criteria or a change in the water quality criteria found in this chapter and the applicant demonstrates that the facility has not complied with the existing water quality based permit limit. The following conditions must be met for this waiver to apply:

(a) Any proposed net increase in the discharge of regulated pollutants complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding state waters, or superior high quality waters .

(b) The requirements of paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.

(E) Categorization of waters; site-specific revisions :

(1) All surface waters are categorized as general high quality waters except as follows.

(a) Lake Erie is categorized as a superior high quality water.

(b) All surface waters of the state meeting the definition of limited quality waters are so categorized, unless the water body is the source of drinking water for a public water supply, in which case it shall be considered a general high quality water for the purposes of this rule.

(c) The water bodies listed in table 5-4 of this rule are categorized superior high quality waters. The reserved set aside percentage established pursuant to paragraph (C)(6)(c) of this rule is thirty-five per cent unless indicated otherwise in table 5-4 of this rule.

(d) The water bodies listed in table 5-5 of this rule are categorized outstanding state waters due to exceptional ecological values. The reserved set aside percentage established pursuant to paragraph (C)(6)(a) of this rule is seventy per cent of the remaining available pollutant assimilative capacity.

(e) The water bodies listed in table 5-6 of this rule are categorized outstanding state waters due to exceptional recreational values. The provisions of paragraph (C)(6)(e) of this rule apply.

(f) The water bodies listed in table 5-7 of this rule are categorized outstanding national resource waters.

(2) At least once every three years, the director, in consultation with the director of the department of natural resources, shall consider available information on water bodies in Ohio and determine appropriate high quality water categorizations. Each determination shall consider attributes of exceptional recreational or ecological value, the national significance of the water body, and other existing and planned uses of the water body. If the director identifies any waters not properly categorized, the director shall public notice the director's intent to categorize them to the appropriate category upon consideration of public comment. The director shall categorize outstanding national resource waters, outstanding state waters and superior high quality waters in tables 5-4 to 5-7 of this rule.

(3) A person adversely affected by the high quality water categorization of a water body pursuant to paragraph (E)(1) or (E)(2) of this rule may petition the director to revise that categorization. Any such petition shall detail the basis for the petition and contain, at a minimum, new relevant and factual information, or relevant and factual information not previously available to the director at the time of the categorization described in paragraph (E)(1) or (E)(2) of this rule. The petition must contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either revise or retain the categorization under paragraph (E)(1) or (E)(2) of this rule. Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revisions to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.

(4) Petitions for revision to set asides.

(a) Any person who is or may be adversely affected by a set aside percentage established pursuant to paragraph (C)(6)(a) or (C)(6)(c) of this rule may petition the director to revise that set aside percentage. Any such petition shall detail the basis for the petition and contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either retain the set aside percentage, remove the set aside percentage or establish site specific set asides for one or more pollutants.

(b) If the director concludes, based on the information presented in the petition and such other relevant scientific information as is available to the director, that the existing set aside is more or less stringent than necessary to preserve the attributes that justified designation of the water body as an outstanding state water or superior high quality water, the director shall establish a revised, site-specific set aside for that or those pollutants. The revised site-specific set aside for each pollutant shall be set at the percentage of the remaining available pollutants' assimilative capacity that the director concludes, based on the available scientific evidence, must be preserved to adequately protect the attributes that justified designation of the water body as an outstanding state water or superior high quality water.

(c) Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve, approve with modifications or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revision to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.

(F) Special provisions for bioaccumulative chemicals of concern in the lake Erie drainage basin.

The following special provisions are applicable to the discharge or release to the environment of any bioaccumulative chemical of concern in the lake Erie drainage basin. Unless otherwise noted, these requirements shall apply in addition to the provisions found in paragraphs (A) to (E) of this rule.

(1) In lieu of the requirements of paragraph (B)(1) of this rule, any significant lowering of water quality as described in paragraph (F)(2) of this rule shall require the applicant to submit the information required by paragraph (B)(3) of this rule and to complete the demonstration required by paragraph (F)(3) of this rule. The director shall establish conditions in the control document that meet the requirements of paragraph (F)(4) of this rule.

(2) Significant lowering of water quality.

(a) A significant lowering of water quality occurs when there is a new or increased loading of any bioaccumulative chemical of concern from any regulated existing or new facility, either point source or nonpoint source for which there is a control document or reviewable action, as a result of any activity including, but not limited to:

(i) Construction of a new regulated facility or modification of an existing regulated facility such that a new or modified control document is required .

(ii) Modification of an existing regulated facility operating under a current control document such that the production capacity of the facility is increased .

(iii) Addition of a new source of untreated or pretreated effluent containing or expected to contain any bioaccumulative chemical of concern to an existing wastewater treatment works, whether public or private .

(iv) A request for an increased limit in an applicable control document .

(v) Other deliberate activities that, based on the information available, could be reasonably expected to result in an increased loading of any bioaccumulative chemical of concern to any waters of the Great Lakes system.

(b) Notwithstanding the above, changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review. These changes include, but are not limited to:

(i) Normal operational variability including, but not limited to, intermittent increased loadings related to wet weather conditions .

(ii) Changes in intake water pollutants .

(iii) Increasing the production hours of the facility, (e.g., adding a second shift), provided production hours do not exceed those described in, or used to derive, the existing control document .

(iv) Increasing the rate of production, provided production rates do not exceed those described in, or used to derive, the existing control document .

(v) Discharges of quantities of a bioaccumulative chemical of concern in the intake water at a facility proposing a new or increased discharge, provided that the new or increased discharge is not expected to result in a net increase in the total load of the bioaccumulative chemical of concern in the receiving water body .

(vi) Increasing the sewered area, connection of new sewers and customers, or acceptance of trucked-in wastes such as septage and holding tank wastes by a POTW unless, for a bioaccumulative chemical of concern, there is increased loading due to the collection of wastewater from a significant industrial user and, based on the industry's raw materials and processes, the wastewater is expected to have quantifiable concentrations of the bioaccumulative chemical of concern significantly above levels typically associated with domestic wastewater and non-industrial stormwater .

(vii) Increased discharge of a bioaccumulative chemical of concern due to implementation of controls on wet weather-related flows, including, but not limited to, combined sewer overflows and industrial stormwater .

(viii) Increased discharges of a bioaccumulative chemical of concern resulting from a change in fuel used by the discharger, provided that the discharger was capable of accommodating the new fuel on October 31, 1997.

(c) Also excluded from an antidegradation review are new effluent limits based on improved monitoring data or new water quality criteria or values that are not a result of changes in pollutant loading.

(d) Also excluded from the antidegradation submittal and review requirements listed in paragraphs (B)(3)(c) to (B)(3)(h) and (C)(5) of this rule is any imposition of mercury effluent limitations in an NPDES permit for an existing source, where the mercury effluent limitations are based on a variance pursuant to paragraph (D)(10) of rule 3745-1-38 of the Administrative Code.

(3) Antidegradation demonstration.

Any entity seeking to significantly lower water quality for a bioaccumulative chemical of concern, as defined in paragraph (F)(2) of this rule, in a limited quality water or high quality water must, in addition to the requirement in paragraph (B)(3) of this rule, submit an antidegradation demonstration for consideration by the director pursuant to the review requirements of this paragraph and paragraph (C) of this rule. The antidegradation demonstration shall include the following:

(a) Pollution prevention alternatives analysis. Identify any cost-effective pollution prevention alternatives and techniques that are available to the entity, that would eliminate or significantly reduce the loadings of bioaccumulative chemicals of concern .

(b) Alternative or enhanced treatment analysis. Identify alternative or enhanced treatment techniques that are available to the entity that would eliminate the lowering of water quality and their costs relative to the cost of treatment necessary to achieve applicable effluent limitations.

(4) For limited quality waters and high quality waters, the director shall ensure that no action resulting in a lowering of water quality occurs unless an antidegradation demonstration has been completed pursuant to paragraphs (B)(3) and (F)(3) of this rule and the information thus provided is determined by the director pursuant paragraph (C) of this rule to adequately support the lowering of water quality.

(a) The director shall establish conditions in the control document applicable to the regulated facility that prohibit the regulated facility from undertaking any deliberate action, such that there would be an increase in the rate of mass loading of any bioaccumulative chemical of concern, unless an antidegradation demonstration is provided to the director and approved pursuant to paragraph (C) of this rule prior to commencement of the action. Imposition of limits due to improved monitoring data or new water quality criteria or values, or changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review.

(b) For bioaccumulative chemicals of concern known or believed to be present in a discharge, from a point or nonpoint source, a monitoring requirement shall be included in the control document. The control document shall also include a provision requiring the source to notify the director of any increased loadings that would be subject to the provisions of the paragraph (F)(2) of this rule and which have not received approval from the director under the conditions specified in this rule. Upon notification, the director shall require actions as necessary to reduce or eliminate the increased loading if the increase is subject to the provisions of the paragraph (F)(2) of this rule. Requirements to reduce or eliminate the increased loading imposed by the director pursuant to this paragraph shall apply unless or until the director approves the increased loadings under the provisions specified in this rule.

(c) Fact sheets prepared pursuant to 40 C.F.R. 124.8 and 124.56 shall reflect any conditions developed under paragraph (F) of this rule and included in a permit.

Table 5-1. Best available demonstrated control technology for new sources discharging sanitary wastewater.

Parameter

Thirty-day Limit

Daily or Seven-day Limit

Maximum/Minimum Limit

       

CBOD5

10 mg/l

15 mg/l

n/a

Total suspended solids

12 mg/l

18 mg/l

n/a

Ammonia

     

(Summer)

1.0 mg/l

1.5 mg/l

n/a

(Winter)

3.0 mg/l

4.5 mg/l

Dissolved oxygen

n/a

n/a

6.0 mg/l (minimum)

Total residual chlorine

n/a

n/a

0.038 mg/l (maximum)

E. coli*

126 / 100 ml

235 / 100 ml

n/a

* E. coli is to be considered a design standard only. Effluent limitations will not be incorporated into a control document based solely on this table.

Table 5-2. Declining fish species.

Common name

Latin name

Comment

     

Bigeye chub

Notropis amblops

 

Bigeye shiner

Notropis boops

 

Blacknose shiner

Notropis heterolepis

 

Bluebreast darter

Etheostoma camurum

 

Brindled madtom

Noturus miurus

 

Brook trout

Salvelinus fontinalis

Natives only

Creek chubsucker

Erimyzon oblongus

 

Eastern sand darter

Ammocrypta pellucida

 

Goldeye

Hiodon alosoides

 

Hornyhead chub

Nocomis biguttatus

 

Lake chubsucker

Erimyzon sucetta

 

Least brook lamprey

Lampetra aepyptera

 

Least darter

Etheostoma microperca

 

Mimic shiner

Notropis volucellus

 

Mooneye

Hiodon tergisus

Lake Erie drainage basin

Mountain madtom

Noturus eleutherus

 

Muskellunge

Esox masquinongy

Natives only

North brook lamprey

Ichthyomyzon fossor

 

Northern madtom

Noturus stigmosus

 

Popeye shiner

Notropis ariommus

 

Pugnose minnow

Opsopoeodus emiliae

 

Redside dace

Clinostomus elongatus

 

River chub

Nocomis micropogon

 

River darter

Percina schumardi

Lake Erie drainage basin

Rosyface shiner

Notropis rubellus

 

Silver lamprey

Ichthyomyzon unicuspis

 

South redbelly dace

Phoxinus erythrogaster

 

Streamline chub

Erimystax dissimilis

 

Tonguetied minnow

Exoglossum laurae

 

Variegate darter

Etheostoma variatum

 

Western banded killifish

Fundulus diaphanus menona

 

Table 5-3. Threatened species.

Common name

Latin name

Comment

     

Fish

   

Bigmouth shiner

Notropis dorsalis

 

Bluebreast darter

Etheostoma camurum

 

Lake chub sucker

Erimyzon sucetta

 

Paddlefish

Polyodon spathula

 

River darter

Percina shumardi

 

Rosyside dace

Clinostomus funduloides

 

Silver lamprey

Ichthyomyzon unicuspis

 

Tippecanoe darter

Etheostoma tippencanoe

 

Mollusks

   

Black sandshell

Liqumia recta

 

Ebonyshell

Fusconaia ebena

 

Fawnsfoot

Truncilla donaciformis

 

Pondhom

Uniomerus tetralasmus

 

Snuffbox

Epioblasma triquetra

 

Threehorn wartyback

Obliquaria reflexa

 

Other

   

Sloan's crayfish

Orconectes sloanii

 

Table 5-4. Superior high quality waters.

Water body name

Flows into

Drainage basin

     

Alum creek - headwaters to West branch (RM 42.8)

Big Walnut creek

Scioto

Anderson fork - Grog run (RM 11.02) to the mouth

Caesar creek

Little Miami

Archers fork

Little Muskingum river

Central Ohio tributaries

Arney run - Black run (RM 2.2) to the mouth

Clear creek

Hocking

Ashtabula river - confluence of East and West fork (RM 27.54) to adjacent East 23rd street (RM 2.00)

Lake Erie

Ashtabula

Auglaize river - Kelly road (RM 77.32) to Jennings creek (RM 47.02)

Maumee

Maumee

Baughman creek

Grand river

Grand

Beech fork

Salt creek

Scioto

Bend fork - Joy fork (RM 4.0) to the mouth

Captina creek

Central Ohio tributaries

Big run

Federal creek

Hocking

Big Walnut creek - Rocky fork (RM 28.3) to the mouth

Scioto river

Scioto

Blue creek

Churn creek

Scioto

Brill run

Marietta run

Hocking

Buskirk creek

Deer creek

Scioto

Caesar creek - Caesar Creek lake (RM 13.92) to the mouth

Little Miami river

Little Miami

Cedar fork

Clear Fork Mohican river

Muskingum

Cedar Lick creek

Cross creek

Central Ohio tributaries

Center fork

Elkhorn creek

Central Ohio tributaries

Chapman creek

Mad river

Great Miami

Clear creek

Rocky fork

Scioto

Clear creek - Cattail creek (RM 9.52) to the mouth

Hocking river

Hocking

Compton creek

North Fork Paint creek

Scioto

Congo creek

Scippo creek

Scioto

Deer creek - Bradford/Sugar creek confluence (RM 41.22) to Deer creek reservoir (RM 29.40)

Scioto river

Scioto

Dismal creek

Witten Fork

Central Ohio tributaries

East Branch Jelloway creek

Jelloway creek

Muskingum

East Fork Little Miami river - East Fork lake (RM 20.5) to the mouth

Little Miami river

Little Miami

East Fork Little Miami river - Howard run (RM 45.18) to Tunnel Mill road (RM 30.1)

Little Miami river

Little Miami

East Fork Queer creek

Queer creek

Scioto

Elkhorn creek

Yellow creek

Central Ohio tributaries

Federal creek - Hyde fork (RM 16.21) to the mouth

Hocking river

Hocking

Fish Creek - headwaters to the Indiana state line (RM 29.37)

St. Joseph river

Maumee

Furnace run

Cuyahoga river

Cuyahoga

Goose run - downstream Winnerline road (RM 3.00) to the mouth

Bantas fork

Great Miami

Grace run

Cherry fork

Southwest Ohio tributaries

Great Miami river - Quincy dam (RM 143.4) to Pasco-Montra road (RM 134.8)

Ohio river

Great Miami

Great Miami river - Sidney water works dam (RM 130.2) to Loramie creek RM (119.9)

Ohio river

Great Miami

Great Miami river - Lost creek (RM 100.0) to the CSX railroad bridge (RM 84.5)

Ohio river

Great Miami

Hay run

Deer creek

Scioto

Hellbranch run - Kropp road RM (5.04) to the mouth

Big Darby creek

Scioto

Honey creek

Great Miami river

Great Miami

Huron river - East/West branch confluence (RM 14.7) to the Ohio turnpike (RM 9.1)

Lake Erie

Huron

Indianfield run

Kokosing river

Muskingum

Jelloway creek

Kokosing river

Muskingum

Joes run

Big run

Hocking

Laurel run

Salt creek

Scioto

Leith run

Ohio river

Central Ohio tributaries

Little Darby creek

Big Darby creek

Scioto

Little Muskingum river -Witten fork (RM 46.44) to Fifteen Mile creek (RM 14.75)

Ohio river

Central Ohio tributaries

Lower Twin creek

Ohio river

Southwest Ohio tributaries

Lost creek

Great Miami river

Great Miami

Long run

Rocky fork

Muskingum

Lost run

Rocky fork

Muskingum

Mac-o-chee creek

Mad river

Great Miami

Mad river - headwaters to Mac-o-chee creek (RM 51.75)

Great Miami river

Great Miami

Marietta run

Federal creek

Hocking

Massie creek

Little Miami river

Little Miami

McCullough creek

Scioto Brush creek

Scioto

McKee creek

Stony creek

Great Miami

Middle Fork Laurel run

Laurel run

Scioto

Middle Fork Salt creek

Salt creek

Scioto

Mill creek

South Fork Scioto Brush creek

Scioto

Mohican river - Rocky fork (RM 27.60) to an unnamed tributary (RM 16.10)

Walhonding river

Muskingum

Morgan fork

Sunfish creek

Scioto

Muskingum river -confluence of Tuscarawas and Walhonding rivers (RM 111.13) to state route 208 (RM 92.0)

Ohio river

Muskingum

Muskingum river - Licking river (RM 76.20) to Moxahala creek (RM 73.50)

Ohio river

Muskingum

Muskingum river - Salt creek (RM 67.03) to Branch run (RM 52.58)

Ohio river

Muskingum

Muskingum river -McConnelsville dam (RM 49.0) to Madison run (RM 34.4)

Ohio river

Muskingum

Muskingum river - Beverly dam (RM 24.9) to Cushing run (RM 18.77)

Ohio river

Muskingum

Muskingum river - Lowell dam (RM 14.1) to Rainbow creek (RM 7.7)

Ohio river

Muskingum

Muskingum river - Devola dam (RM 5.77) to the mouth

Ohio river

Muskingum

Nancy run

North Fork Yellow creek

Central Ohio tributaries

Nellis run

Big run

Hocking

North Fork Captina creek -Long run (RM 4.0) to the mouth

Captina creek

Central Ohio tributaries

North Fork Yellow creek

Yellow creek

Cuyahoga

Ohio Brush creek -headwaters to Beasley Fork road (RM 6.30)

Ohio river

Southwest Ohio tributaries

Opossum creek

Ohio river

Central Ohio tributaries

Painter run

Rocky fork

Muskingum

Pine creek

Salt creek

Scioto

Pine creek - Hales creek (RM 38.15) to the mouth

Ohio river

Southeast Ohio tributaries

Piney fork

Sunfish creek

Central Ohio tributaries

Pretty run

Salt creek

Scioto

Proctor run

Treacle creek

Scioto

Queer creek

Salt creek

Scioto

Randall run

Mill creek

Scioto

Rarden creek

Scioto Brush creek

Scioto

Rocky fork - U.S. route 62 (RM 5.1) to the mouth

Big Walnut creek

Scioto

Rocky fork - headwaters to Rocky fork lake (RM 16.88)

Paint creek

Scioto

Schenck creek

Kokosing river

Muskingum

Scioto Brush creek -headwaters to McCullough creek (RM 10.2)

Scioto river

Scioto

Scioto river - Indian run (RM 145.18) to Olentangy river (RM 132.33)

Ohio river

Scioto

Scioto river - Scioto Big run (RM 124.40) to Scippo creek (RM 89.61)

Ohio river

Scioto

Scioto river - Paint creek (RM 63.50) to Salt creek (RM 51.18)

Ohio river

Scioto

Scioto river - Scioto Brush creek (RM 9.2) to the mouth

Ohio river

Scioto

Scippo creek - Old Tarlton pike (RM 14.80) to the mouth

Scioto river

Scioto

Sevenmile creek

Fourmile creek

Great Miami

South Fork Captina creek

Captina creek

Central Ohio tributaries

South Fork Eagle creek

Eagle creek

Mahoning

South Fork Scioto Brush creek - Shawnee creek (RM 8.3) to the mouth

Scioto Brush creek

Scioto

Spain creek

Big Darby creek

Scioto

Spring fork

Little Darby creek

Scioto

Spring run

Federal creek

Hocking

Stillwater river - Englewood dam (RM 9.0) to the mouth

Great Miami river

Great Miami

Strawcamp run

Elkhorn creek

Central Ohio tributaries

Sunfish creek - headwaters to Negro run (RM 1.7)

Ohio river

Central Ohio tributaries

Trail run

Center fork

Central Ohio tributaries

Turkey creek

Ohio river

Southwest Ohio tributaries

Turkey run

Sugartree fork

Muskingum

Unnamed tributary to East Branch Black river at RM 41.41

East Branch Black river

Black

Upper Twin creek

Ohio river

Southwest Ohio tributaries

West Branch Alum creek -Ashley West Liberty road (RM 5.09) to the mouth

Alum creek

Scioto

West Branch Huron river -Slate run (RM 10.52) to the mouth

Huron river

Huron

West Branch St. Joseph river - Michigan state line (RM 11.41) to the mouth

St. Joseph river

Maumee

West fork - Buck run (RM 9.0) to the mouth

Ohio Brush creek

Southwest Ohio tributaries

Whitewater river - Indiana state line (RM 8.26) to the mouth

Great Miami river

Great Miami

Wildcat run

Big run

Hocking

Winding fork

Wakatomika creek

Muskingum

Winterstein run

South Fork Scioto Brush creek

Scioto

Witten fork

Little Muskingum river

Central Ohio tributaries

Witten run

Clear Fork Little Muskingum river

Central Ohio tributaries

Yellow creek

Cuyahoga river

Cuyahoga

Yellow Springs creek

Little Miami river

Little Miami

Table 5-5. Outstanding state waters based on exceptional ecological values.

Water body name

Flows into

Drainage basin

     

Aurora branch - state route 82 (RM 17.08) to the mouth

Chagrin river

Chagrin

Bantas fork

Twin creek

Great Miami

Big Darby creek

Scioto river

Scioto

Captina creek - North/South forks (RM 25.42) to state route 7 (RM 0.70)

Ohio river

Central Ohio tributaries

Chagrin river -Woodiebrook road (RM 49.14) to state route 6 (RM 11.1)

Lake Erie

Chagrin

Conneaut creek - state line (RM 23.83) to the mouth

Lake Erie

Ashtabula

Cuyahoga river -Troy-Burton township line (RM 83.9) to U.S. route 14 (RM 60.75)

Lake Erie

Cuyahoga

Deer creek - Deer creek dam (RM 23.89) to the mouth

Scioto river

Scioto

East Branch Chagrin river -Heath road (RM 14.49) to the mouth

Chagrin river

Chagrin

Fish creek - Indiana state line (RM 5.57) to the mouth

St. Joseph river

Maumee

Grand river - state route 322 (RM 67.08) to U.S. route 20 (RM 5.67)

Lake Erie

Grand

Greenville creek - Indiana state line (RM 34.48) to the mouth

Stillwater river

Great Miami

Kokosing river

Walhonding river

Muskingum

Little Beaver creek

Ohio river

Little Beaver creek

Little Darby creek

Big Darby creek

Scioto

Little Miami river

Ohio river

Little Miami

Middle Fork Little Beaver creek - Middle run (RM 8.57) to the mouth

Little Beaver creek

Little Beaver creek

North Branch Kokosing river

Kokosing river

Muskingum

North Fork Little Beaver creek - Pennsylvania state line (RM 7.75) to the mouth

Little Beaver creek

Little Beaver creek

North Fork Little Miami river

Little Miami river

Little Miami

North Fork Paint creek -Compton creek (RM 24.57) to the mouth

Paint creek

Scioto

Olentangy river - Delaware dam (RM 32.35) to Old Wilson Bridge road (RM 11.45)

Scioto river

Scioto

Paint creek - Rocky fork (RM 37.12) to North fork (RM 3.80)

Scioto river

Scioto

Pleasant run

Big Darby creek

Scioto

Rocky fork

Licking river

Muskingum

Salt creek

Scioto river

Scioto

Sandusky river - U.S. route 30 (RM 82.1) to Roger Young Memorial park in Fremont (RM 16.6)

Lake Erie

Sandusky

Scioto Brush Creek -McCullough creek (RM 10.20) to the mouth

Scioto river

Scioto

South Fork Scioto Brush creek - Shawnee creek (RM 8.30) to the mouth

Scioto Brush creek

Scioto

Stillwater river - Riffle road (RM 55.90) to the Englewood dam (RM 9.01)

Great Miami river

Great Miami

Twin creek

Great Miami river

Great Miami

Unnamed tributary to East Branch Black river at RM 39.06

East Branch Black river

Black

Vermilion river - Southwest branch (RM 47.66) to state route 2 (RM 3.15)

Lake Erie

Vermilion

Wakatomika creek

Muskingum river

Muskingum

Walhonding river

Tuscarawas river

Muskingum

West Fork Little Beaver creek - Brush creek (RM 15.99) to the mouth

Little Beaver creek

Little Beaver creek

Table 5-6. Outstanding state waters based on exceptional recreational values.

Water body name

Flows into

Drainage basin

     

Cuyahoga river - Sand run (RM 39.12) to Rockside road (RM 13.13)

Lake Erie

Cuyahoga

Maumee river - Indiana state line (RM 108.1) to the U.S. route 25 bridge (RM 15.05)

Maumee Bay

Maumee

Table 5-7. Outstanding national resource waters.

Water body name

Flows into

Drainage basin

     

Effective: 2/6/2017
Five Year Review (FYR) Dates: 07/01/2008
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.12
Rule Amplifies: 6111.041, 6111.12
Prior Effective Dates: 2/14/1978, 4/4/1985, 10/1/1996, 10/31/1997, 5/1/1998, 4/17/2001 (Emer.), 7/1/2003, 3/15/2010, 3/1/2011

3745-1-06 [Effective until 2/6/2017] Mixing zones.

(A) Non-thermal. Pursuant

to Chapter 3745-2 of the Administrative Code, where necessary to attain or maintain the use designated for a surface water by these water quality standards, the director may establish, as a term of a discharge permit issued pursuant to Chapter 3745-33 of the Administrative Code or a permit to install issued pursuant to Chapter 3745-42 of the Administrative Code, a mixing zone applicable to the non-thermal constituents of the point source discharge authorized by such permit.

(B) Thermal. Pursuant

to Chapter 3745-2 of the Administrative Code, the director may establish, as a term of a discharge permit issued pursuant to Chapter 3745-33 of the Administrative Code or a permit to install issued pursuant to Chapter 3745-42 of the Administrative Code, a mixing zone applicable to the thermal component of the point source discharge authorized by such permit.

Effective: 06/07/2011
R.C. 119.032 review dates: 11/30/2010 and 06/07/2016
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 2/14/1978, 4/4/1985, 5/1/1990, 10/31/1997

3745-1-06 [Effective 2/6/2017] Mixing zone demonstration and sizing requirements.

[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 3745-1-03 of the Administrative Code.]

(A) Non-thermal mixing zones. Pursuant to this chapter, where necessary to attain or maintain the use designation for a surface water by these water quality standards, the director may establish, as a term of a discharge permit issued pursuant to Chapter 3745-33 of the Administrative Code or a permit to install issued pursuant to Chapter 3745-42 of the Administrative Code, a mixing zone applicable to the non-thermal constitutants of the point source discharge authorized by such permit.

(B) Thermal mixing zones. Pursuant to this chapter, the director may establish, as a term of a discharge permit issued pursuant to Chapter 3745-33 of the Administrative Code or a permit to install issued pursuant to Chapter 3745-42 of the Administrative Code, a mixing zone applicable to the thermal component of the point source discharge authorized by such permit.

(C) For the purpose of establishing a mixing zone other than as specified in rule 3745-2-05 of the Administrative Code, a mixing demonstration, subject to review by Ohio EPA, shall be performed in accordance with this rule. This rule describes general requirements for all demonstrations, requirements specific to area of initial mixing (AIM) demonstrations, and requirements for sizing acute and chronic mixing zones, and criteria necessary to establish mixing zones for bioaccumulative chemicals of concern (BCCs).

(D) Mixing zone demonstrations may be conducted for any of the following situations:

(1) To justify water quality based effluent limits (WQBELs) greater than the inside mixing zone maximum (IMZM) criteria for aquatic life and WQBELs greater than 1.0 TUafor whole effluent toxicity pursuant to rule 3745-2-09 of the Administrative Code by use of an AIM.

(2) For application of a percentage of the stream design flow other than the default value selected by procedures in rule 3745-2-05 of the Administrative Code.

(3) For application of more than ten parts lake water to one part effluent when determining wasteload allocations (WLAs) for discharges to lake Erie or non-flowing waters.

(4) For application of a mixing zone for BCCs to existing dischargers after November 15, 2010.

(5) In other situations at the director's discretion.

(E) All mixing zone demonstrations shall fulfill the following:

(1) Describe the amount of dilution occurring at stream design flow conditions, or other conditions found to be most critical with respect to effluent and receiving water mixing, at the boundaries of the proposed mixing zone and the size, shape and location of the area of mixing, including the manner in which diffusion and dispersion occur.

(2) For sources discharging to lake Erie or other non-flowing waters, define the location where discharge-induced mixing ceases.

(3) Document the substrate character and geomorphology within the mixing zone.

(4) Demonstrate that the mixing zone does not interfere with or block passage of fish or aquatic life.

(5) Demonstrate that the mixing zone will not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of such species' critical habitat.

(6) Demonstrate that the mixing zone does not extend to drinking water intakes.

(7) Demonstrate that the mixing zone would not otherwise interfere with the designated or existing uses of the receiving water or downstream waters.

(8) Document background water quality concentrations.

(9) Demonstrate that the mixing zone does not promote undesirable aquatic life or result in a dominance of nuisance species.

(10) Provide that by allowing additional mixing/dilution, all of the following:

(a) Pollutants will not settle to form objectionable deposits.

(b) Floating debris, oil, scum, and other matter in concentrations that form nuisances will not be produced.

(c) Objectionable color, odor, taste or turbidity will not be produced.

(11) Demonstrate whether or not adjacent mixing zones overlap.

(12) Demonstrate whether organisms would be attracted to the area of mixing as a result of the effluent character.

(13) Demonstrate whether the habitat supports endemic or naturally occurring species.

(14) Demonstrate that the mixing zone does not substantially interfere with the migratory routes, natural movements, survival, reproduction, or growth, or increase the vulnerability to predation, of any representative aquatic species.

(15) Demonstrate that the mixing zone does not interfere with or prevent the recovery of an aquatic community or species population that could reasonably be expected when previously limiting water quality conditions improve.

(16) Demonstrate that the mixing zone does not include any bathing area where bathhouses or lifeguards are provided.

(17) Conditions within the mixing zone shall not be injurious to human health, in the event of a temporary exposure during recreation, such that scalding or burns would result.

(F) The mixing zone demonstration shall be submitted to Ohio EPA for review and comment. Following receipt of Ohio EPA's comments, the applicant shall resubmit the demonstration, if necessary, addressing Ohio EPA's comments.

(G) For sources discharging to lake Erie or other non-flowing waters, any adjustment to the dilution ratio shall be limited to the dilution available in the area where discharge-induced mixing occurs.

(H) The mixing zone demonstration shall be based on the assumption that a pollutant does not degrade within the proposed mixing zone, unless both of the following:

(1) Scientifically valid field studies or other relevant information demonstrate that degradation of the pollutant is expected to occur under the full range of environmental conditions expected to be encountered.

(2) Scientifically valid field studies or other relevant information address other factors that affect pollutants in the water column including, but not limited to, resuspension of sediments, chemical speciation and biological and chemical transformation.

(I) An AIM demonstration shall be preceded by the submittal of the following to Ohio EPA:

(1) The discharger shall complete a pollution prevention alternatives assessment and show that application of cost-effective pollution prevention practices, where practical and possible, will not preclude the need for an AIM. Applicable pollution prevention practices shall be in place, or planned for implementation, before modification or installation of a discharge structure for an approved AIM.

(2) The discharger shall show that improved treatment, where practical and possible, will not preclude the need for an AIM, or that the cost of such treatment would be economically detrimental to the discharger and its community. The assessments shall include a cost/benefit analysis that represents the costs and benefits of the AIM to the environment, receiving water biota, and the citizens of Ohio as well as to the discharger and local residents.

(3) The discharger shall explain how an AIM and discharge structure may impact the environment in and around the proposed site. The discharger shall point out endangered species, important habitats and recreational uses of the area and any potential impact to them. The discharger shall also address the impact of the construction process on the environment.

(4) The discharger shall submit proposed site and structure information for Ohio EPA's use in determining habitat-related restrictions.

(J) If a discharger has submitted information relating to any requirements of paragraph (I) of this rule, or suitable substitutes, during the permit process, then the director may waive one or more of the related AIM prerequisites.

(K) An AIM shall be limited to the space around the discharge structure according to the following restrictions:

(1) An AIM shall not extend beyond both of the following radial distances from the discharge port:

(a) A default value of five times the natural receiving water depth (prior to construction) at the discharge point under stream design flow conditions (critical low depth for lakes).

(b) A default value of fifty times the length scale factor for the discharge port (the length scale factor is the square root of the port cross-sectional area).

(2) The director may accept scientifically defensible field measurements, related studies or computer modeling results defining the area that is uninhabitable (or produces a reasonable minimum exposure time) to aquatic and benthic organisms from the discharger in lieu of the discharger complying with the default values contained in paragraph (K)(1) of this rule. This site-specific information shall be used in conjunction with restrictions in paragraphs (K)(3) and (K)(4) of this rule to size the AIM.

(3) An AIM shall be limited to the point where any discharge plume contacts the receiving water surface, bank, or bottom or contacts another discharge plume (mixture of effluent and receiving water) from the same discharge structure. An AIM shall also be limited to the point where any discharge plume decreases in center-line velocity (velocity at the geometric center of the plume) to 0.5 meters per second or a minimum center-line velocity, determined through a scientifically defensible demonstration, above which native fish species and other aquatic life are unable or unlikely to inhabit.

(4) An AIM shall not contact or block access to important aquatic habitat areas including, but not limited to, tributaries, inlets, bays, wetlands, spawning grounds, and important feeding areas.

(5) General location and structural restrictions. The discharge structure producing the AIM shall not: be exposed above the water surface under stream design flow or historical low-level conditions except at the bank; significantly alter the natural currents and erosion and deposition patterns of the receiving water; or cause significant bottom scouring.

(6) Location and structural restrictions for mixing zones containing an AIM in streams and rivers.

(a) The distance between the edge of the AIM and any other discharge or AIM in the receiving water shall equal or exceed five times the local stream width or one hundred meters, whichever is greater.

(b) The distance between the edge of an AIM and any intake of a drinking water source shall equal or exceed ten times the local stream width or two hundred meters, whichever is greater. The discharger shall demonstrate that the effluent plume will not impact an intake under any flow condition.

(c) The director may accept field measurements, scientific studies and computer modeling studies, in lieu of the discharger complying with the minimum distances contained in paragraphs (K)(6)(a) and (K)(6)(b) of this rule to size the AIM.

(7) Location and structural restrictions for mixing zones containing an AIM in lake Erie or non-flowing waters.

(a) The distance between the edge of the AIM and any other discharge or AIM in the receiving water shall equal or exceed two hundred meters.

(b) The distance between the edge of an AIM and any intake of a drinking water source shall equal or exceed five hundred meters. The discharger shall also demonstrate that the effluent plume will not impact the intake under any variation in current or lake level.

(c) The director may accept field measurements, scientific studies and computer modeling studies from the discharger in lieu of the discharger complying with the minimum distances contained in paragraphs (K)(7)(a) and (K)(7)(b) of this rule to size the AIM.

(d) The AIM discharge point should be located as far as reasonably possible from shore, in deep water. Structures sited close to shore or in shallow water shall be more strictly limited.

(8) Construction or modification of the discharge structure producing the AIM shall not:

(a) Permanently alter the natural physical characteristics of the receiving water such as depth, width, cross-section, and slope.

(b) Permanently expose erodible sediments or alter the natural bed materials.

(c) Permanently alter bank and riparian characteristics.

(d) Impact or damage important areas or habitats.

(9) Discharge flow and velocity requirements for structures producing the AIM.

(a) Both of the following waste flow velocities shall be maintained from each port of the discharge structure under all discharge and ambient conditions:

(i) At least 2.5 meters per second daily average velocity.

(ii) 1.75 meters per second minimum velocity at any time.

(b) The director may accept scientifically defensible studies from the discharger indicating that alternative discharge velocities will sufficiently discourage habitability or minimize exposure times within the AIM in lieu of the discharger complying with paragraph (K)(9)(a) of this rule.

(c) The discharge structure shall be designed such that any discharge to the receiving water may completely cease if the waste flow is insufficient to maintain the required velocities. It shall also be designed such that changes in waste flow can be accommodated quickly, without major changes to the structure and without bypassing the discharge structure.

(L) For flowing streams, acute mixing zones and chronic mixing zones shall be sized on a case-by-case basis at the director's discretion using any appropriate restrictions listed in paragraphs (F), (H), (I) and (J) of this rule.

(M) For lake Erie or non-flowing waters, acute mixing zones and chronic mixing zones shall be sized according to both of the following:

(1) Acute mixing zones shall be sized on a case-by-case basis.

(2) Chronic mixing zones shall be sized on a case-by-case basis and at the director's discretion using any appropriate restrictions listed in paragraphs (F), (H), (I) and (J) of this rule. Specific restrictions include all of the following:

(a) A mixing zone shall not extend to within one hundred meters of a drinking water intake unless the director accepts a scientifically defensible demonstration from the discharger indicating that the mixing zone can safely extend closer to the intake.

(b) The maximum dilution available from the mixing zone to meet chronic criteria shall be fifty parts lake water to one part effluent or the dilution available within sixty meters, whichever is smaller, unless the director accepts a scientifically valid demonstration from the discharger indicating that an alternative dilution ratio is appropriate.

(c) The mixing zone shall not extend beyond the point where discharge induced mixing occurs.

(N) Mixing zones shall not be established by Ohio EPA for BCCs, beyond the dates established in rule 3745-2-05 of the Administrative Code, unless one of the following exceptions is met:

(1) Exception for water conservation. Mixing zones may be granted beyond November 15, 2010 for existing discharges if the discharger demonstrates that failure to grant a mixing zone would preclude water conservation measures that would lead to overall load reductions in BCCs, even though higher concentrations of BCCs exist in the effluent.

(2) Exception for technical and economic considerations. The director may grant mixing zones beyond November 15, 2010 for existing discharges upon the request of a discharger subject to all of the following limited circumstances:

(a) The discharger is in compliance with its existing NPDES permit and the act and the discharger had reduced the loading of the BCC for which a mixing zone is requested to the maximum extent possible.

(b) The availability and feasibility of additional controls for reducing BCCs for the discharger have been considered as well as the economic impact on the affected communities that would occur if the mixing zone were eliminated.

(c) Any mixing zone exceptions granted: do not result in less stringent limitations than those existing on December 30, 2002; are not likely to jeopardize the continued existence or critical habitat of any endangered or threatened species; protect all designated and existing uses of the receiving water; and meet all applicable criteria and values at the edge of or, as appropriate, within the mixing zone.

(d) Any mixing zone exceptions granted shall be reevaluated for each successive permit application in which a mixing zone for the BCCs is sought, shall ensure that the discharger has developed and conducted a pollutant minimization program for the BCCs, and that alternative means for reducing BCCs elsewhere in the watershed have been evaluated.

(O) Thermal mixing zones.

(1) The director may establish as a term of a discharge permit issued pursuant to Chapter 3745-33 of the Administrative Code, or a permit to install issued pursuant to Chapter 3745-42 of the Administrative Code, a mixing zone applicable to the thermal component of the point source discharge authorized by such permit. A thermal mixing zone, which allows dilution and cooling of a waste heat discharge, shall be considered a region in which organism response to temperature is time-dependent.

(a) Exposure to temperatures in a thermal mixing zone shall not cause an irreversible response that results in deleterious effects to the wildlife and aquatic life representative of the receiving waters.

(b) The daily average temperature in a thermal mixing zone at the point nearest to the discharge that is accessible to the resident aquatic organisms shall not exceed the temperatures in table 1 of this rule at the corresponding ambient temperature.

(c) At ambient temperatures of fifty-nine degrees Fahrenheit (fifteen degrees Celsius) and above, the daily average temperature in a thermal mixing zone shall be determined on a case-by-case basis.

(2) Thermal mixing zone size limitations shall be established by the director pursuant to paragraph (O)(1) of this rule in accordance with paragraph (E) of this rule for all point source discharges subject to permit.

(3) Any request for a thermal mixing zone in one of the following waters shall be preceded by an evaluation of treatment alternatives that would preclude the need for a mixing zone. This evaluation shall include a cost benefit analysis that presents the costs and benefits of the mixing zone to the environment, receiving water biota, and the citizens of Ohio, as well as to the discharger and local residents. The provisions of this paragraph do not apply to demonstrations conducted under Section 316(a) of the act.

(a) Any stream designated coldwater habitat.

(b) Any stream designated exceptional warmwater habitat.

(c) Any lake other than lake

Erie The thermal mixing zone shall not cause an increase in pathogens that would contribute to an impairment of a designated use in any area of the water body outside the mixing zone; nor shall the thermal mixing zone cause nuisance growths, colors or odors from harmful, toxic, invasive or noxious organisms.

(4) Any thermal mixing zone request involving a new or expanded discharge must also evaluate other discharge alternatives as required by rule 3745-1-05 of the Administrative Code.

(5) Discharges of closed-cycle cooling blowdown with a flow of less than five per cent of the 7Q10 of the receiving water body are exempt from paragraph (O)(1) of this rule.

Table 1. Temperature

(a) Daily average temperatures of thermal mixing zones for all waters other than lake Erie at corresponding ambient temperatures as required in paragraph (O)(1) of this rule. Shown as degrees Fahrenheit and (Celsius).

Ambient - °F (°C)

Daily average temperature -°F (°C)

Ambient - °F (°C)

Daily average temperature -°F (°C)

32 (0)

50 (10.0)

48 (8.9)

71 (21.7)

33 (0.6)

50 (10.0)

49 (9.4)

73 (22.8)

34 (1.1)

50 (10.0)

50 (10.0)

75 (23.9)

35 (1.7)

51 (10.6)

51 (10.6)

76 (24.4)

36 (2.2)

52 (11.1)

52 (11.1)

78 (25.6)

37 (2.8)

54 (12.2)

53 (11.7)

79 (26.1)

38 (3.3)

55 (12.8)

54 (12.2)

81 (27.2)

39 (3.9)

57 (13.9)

55 (12.8)

83 (28.3)

40 (4.4)

58 (14.4)

VV56 (13.3)

85 (29.4)

41 (5.0)

60 (15.6)

57 (13.9)

86 (30.0)

42 (5.6)

62 (16.7)

58 (14.4)

88 (31.1)

43 (6.1)

63 (17.2)

59 (15) and above -daily average limit will be determined on a case-by-case basis pursuant to paragraphs (O)(1) and (O)(2) of this rule.

 

44 (6.7)

65 (18.3)

 

45 (7.2)

66 (18.9)

 

46 (7.8)

68 (20.0)

 

47 (8.3)

70 (21.1)

 

(b) Daily average temperatures of thermal mixing zones for lake Erie at corresponding ambient temperatures as required in paragraph (O)(1) of this rule. Shown as degrees Fahrenheit and (Celsius).

Ambient - °F (°C)

Daily average temperature -°F (°C)

Ambient - °F (°C)

Daily average temperature -°F (°C)

32 (0)

52 (11.1)

48 (8.9)

68 (20.0)

33 (0.6)

52.5 (11.4)

49 (9.4)

70 (21.1)

34 (1.1)

53.5 (11.9)

50 (10.0)

71 (21.7)

35 (1.7)

54.4 (12.4)

51 (10.6)

73 (22.8)

36 (2.2)

55 (12.8)

52 (11.1)

75 (23.9)

37 (2.8)

56 (13.3)

53 (11.7)

77 (25.0)

38 (3.3)

57 (13.9)

54 (12.2)

78 (25.6)

39 (3.9)

58 (14.4)

55 (12.8)

80 (26.7)

40 (4.4)

59 (15)

56 (13.3)

82 (27.8)

41 (5.0)

59.5 (15.3)

57 (13.9)

84 (28.9)

42 (5.6)

60 (15.6)

58 (14.4)

86 (30.0)

43 (6.1)

61 (16.1)

59 (15) and above -daily average limit will be determined on a case-by-case basis pursuant to paragraphs (O)(1) and (O)(2) of this rule.

 

44 (6.7)

62 (16.7)

 

45 (7.2)

63 (17.2)

 

46 (7.8)

65 (18.3)

 

47 (8.3)

66 (18.9)

 

Replaces: 3745-1-06, 3745-2-08

Effective: 2/6/2017
Five Year Review (FYR) Dates: 02/06/2022
Promulgated Under: 119.03
Statutory Authority: 6111.03, 6111.041, 6111.12
Rule Amplifies: 6111.041, 6111.12
Prior Effective Dates: 2/14/1978, 4/4/1985, 5/1/1990, 10/31/1997, 12/20/2002, 10/17/2003, 6/7/2011

3745-1-07 [Effective until 2/6/2017] Water use designations and statewide criteria.

[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 3745-1-03 of the Administrative Code.]

(A) Water quality standards contain two distinct elements: designated uses; and numerical or narrative criteria designed to protect and measure attainment of the uses.

(1) Each water body in the state is assigned one or more aquatic life habitat use designations. Each water body may be assigned one or more water supply use designations and/or one recreational use designation. These use designations are defined in paragraph (B) of this rule. Water bodies are assigned use designations in rules 3745-1-08 to 3745-1-32 of the Administrative Code. In addition, water bodies are assigned designations as described in paragraphs (B)(1)(a), (B)(1)(c), (B)(3)(a), (B)(4)(a) and (B)(4)(b) of this rule and in the antidegradation rule (rule 3745-1-05 of the Administrative Code).

(2) Statewide chemical-specific criteria for the support of use designations are presented in this rule. Additional chemical-specific criteria applicable within the lake Erie drainage basin are contained in rules 3745-1-31 and 3745-1-33 of the Administrative Code. Additional chemical-specific criteria applicable within the Ohio river drainage basin are contained in rules 3745-1-32 and 3745-1-34 of the Administrative Code. Additional chemical-specific criteria may be derived as described in rules 3745-1-36, 3745-1-37, 3745-1-38 and 3745-1-39 of the Administrative Code. The most stringent chemical-specific criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(3) The chemical-specific criteria listed in this rule apply as "Outside Mixing Zone" or "Inside Mixing Zone Maximum." For the purpose of setting water quality based effluent limits, the criteria which apply "Outside Mixing Zone" shall be met after the effluent and the receiving water are reasonably well mixed as provided in rules 3745-2-05 and 3745-2-08 of the Administrative Code. The criteria listed as "Inside Mixing Zone Maximum" shall be applicable as end-of-pipe maximum effluent limits or as criteria to be met within a short distance of the effluent pipe except as provided in rule 3745-2-08 of the Administrative Code. Possible exceptions regarding the application of these criteria may apply as described in paragraph (A)(6) of this rule.

(4) The water quality criteria adopted in, or developed pursuant to, this rule shall apply as follows:

(a) The "Inside Mixing Zone Maximum" and "Outside Mixing Zone Maximum" water quality criteria for the protection of aquatic life, or site-specific modifications thereof, shall apply to all water bodies. Water quality criteria applicable to specific aquatic life use designations are listed where appropriate. The "Inside Mixing Zone Maximum" and "Outside Mixing Zone Maximum" water quality criteria identified for the warmwater habitat use designation apply to water bodies not assigned an aquatic life use designation.

(b) The "Outside Mixing Zone Average" water quality criteria for the protection of aquatic life, or site-specific modifications thereof, shall apply to all water bodies except those water bodies assigned the limited resource water use designation. However, the limited resource water "Outside Mixing Zone Average" water quality criteria for dissolved oxygen, pH and temperature apply to water bodies assigned the limited resource water use designation.

Water quality criteria applicable to specific aquatic life use designations are listed where appropriate. The "Outside Mixing Zone Average" water quality criteria identified for the warmwater habitat use designation apply to water bodies not assigned an aquatic life use designation.

(c) The water quality criteria for the protection against adverse aesthetic conditions, or site-specific modifications thereof, shall apply as follows:

(i) The "Inside Mixing Zone Maximum" and "Outside Mixing Zone Maximum" water quality criteria, or site-specific modifications thereof, shall apply to all water bodies.

(ii) The "Drinking" water quality criteria shall apply to all water bodies within five hundred yards of drinking water intakes.

(d) The "Outside Mixing Zone Average" water quality criteria for the protection of agricultural uses, or site-specific modifications thereof, shall apply outside the mixing zone to all water bodies assigned the agricultural water supply use designation.

(e) The water quality criteria for the protection of recreational uses shall apply outside the mixing zone to all water bodies assigned a recreational use designation.

(5) For any pollutant for which it is demonstrated that a methodology or procedure cited in this chapter is not scientifically defensible, the director may apply an alternative methodology or procedure acceptable under 40 C.F.R. 131 when developing water quality criteria.

(6) Biological criteria presented in table 7-15 of this rule provide a direct measure of attainment of the warmwater habitat, exceptional warmwater habitat and modified warmwater habitat aquatic life uses. Biological criteria and the exceptions to chemical-specific or whole-effluent criteria allowed by this paragraph do not apply to any other use designations.

(a) Demonstrated attainment of the applicable biological criteria in a water body will take precedence over the application of selected chemical-specific aquatic life or whole-effluent criteria associated with these uses when the director, upon considering appropriately detailed chemical, physical and biological data, finds that one or more chemical-specific or whole-effluent criteria are inappropriate. In such cases the options which exist include:

(i) The director may develop, or a discharger may provide for the director's approval, a justification for a site-specific water quality criterion according to methods described in "Water Quality Standards Handbook, 1983, U.S. EPA Office of Water";

(ii) The director may proceed with establishing water quality based effluent limits consistent with attainment of the designated use.

(b) Demonstrated nonattainment of the applicable biological criteria in a water body with concomitant evidence that the associated chemical-specific aquatic life criteria and whole-effluent criteria are met will cause the director to seek and establish, if possible, the cause of the nonattainment of the designated use. The director shall evaluate the existing designated use and, where not attainable, propose to change the designated use. Where the designated use is attainable and the cause of the nonattainment has been established, the director shall, wherever necessary and appropriate, implement regulatory controls or make other recommendations regarding water resource management to restore the designated use. Additional regulatory controls shall not be imposed on point sources that are meeting all applicable chemical-specific and whole-effluent criteria unless:

(i) The point sources are shown to be the primary contributing cause of the nonattainment;

(ii) The application of additional or alternate treatment or technology can reasonably be expected to lead to attainment of the designated use; and

(iii) The director has given due consideration to the factors specified in division (J) of section 6111.03 of the Revised Code.

(B) Use designations are defined as follows:

(1) Aquatic life habitat

(a) "Warmwater" - these are waters capable of supporting and maintaining a balanced, integrated, adaptive community of warmwater aquatic organisms having a species composition, diversity, and functional organization comparable to the twenty-fifth percentile of the identified reference sites within each of the following ecoregions: the interior plateau ecoregion, the Erie/Ontario lake plains ecoregion, the western Allegheny plateau ecoregion and the eastern corn belt plains ecoregion. For the Huron/Erie lake plains ecoregion, the comparable species composition, diversity and functional organization are based upon the ninetieth percentile of all sites within the ecoregion. For all ecoregions, the attributes of species composition, diversity and functional organization will be measured using the index of biotic integrity, the modified index of well-being and the invertebrate community index as defined in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters," as cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. In addition to those water body segments designated in rules 3745-1-08 to 3745-1-32 of the Administrative Code, all upground storage reservoirs are designated warmwater habitats. Attainment of this use designation (except for upground storage reservoirs) is based on the criteria in table 7-15 of this rule. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(b) "Limited warmwater" - these are waters that were temporarily designated in the 1978 water quality standards as not meeting specific warmwater habitat criteria. Criteria for the support of this use designation are the same as the criteria for the support of the use designation warmwater habitat. However, individual criteria are varied on a case-by-case basis and supersede the criteria for warmwater habitat where applicable. Any exceptions from warmwater habitat criteria apply only to specific criteria during specified time periods and/or flow conditions. The adjusted criteria and conditions for specified stream segments are denoted as comments in rules 3745-1-08 to 3745-1-30 of the Administrative Code. Stream segments currently designated limited warmwater habitats will undergo use attainability analyses and will be redesignated other aquatic life habitats. No additional stream segments will be designated limited warmwater habitats.

(c) "Exceptional warmwater" - these are waters capable of supporting and maintaining an exceptional or unusual community of warmwater aquatic organisms having a species composition, diversity, and functional organization comparable to the seventy-fifth percentile of the identified reference sites on a statewide basis. The attributes of species composition, diversity and functional organization will be measured using the index of biotic integrity, the modified index of well-being and the invertebrate community index as defined in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters," as cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. In addition to those water body segments designated in rules 3745-1-08 to 3745-1-32 of the Administrative Code, all lakes and reservoirs, except upground storage reservoirs, are designated exceptional warmwater habitats. Attainment of this use designation (except for lakes and reservoirs) is based on the criteria in table 7-15 of this rule. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(d) "Modified warmwater" - these are waters that have been the subject of a use attainability analysis and have been found to be incapable of supporting and maintaining a balanced, integrated, adaptive community of warmwater organisms due to irretrievable modifications of the physical habitat. Such modifications are of a long-lasting duration (i.e., twenty years or longer) and may include the following examples: extensive stream channel modification activities permitted under sections 401 and 404 of the act or Chapter 6131. of the Revised Code, extensive sedimentation resulting from abandoned mine land runoff, and extensive permanent impoundment of free-flowing water bodies. The attributes of species composition, diversity and functional organization will be measured using the index of biotic integrity, the modified index of well-being and the invertebrate community index as defined in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters," as cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. Attainment of this use designation is based on the criteria in table 7-15 of this rule. Each water body designated modified warmwater habitat will be listed in the appropriate use designation rule (rules 3745-1-08 to 3745-1-32 of the Administrative Code) and will be identified by ecoregion and type of physical habitat modification as listed in table 7-15 of this rule. The modified warmwater habitat designation can be applied only to those waters that do not attain the warmwater habitat biological criteria in table 7-15 of this rule because of irretrievable modifications of the physical habitat. All water body segments designated modified warmwater habitat will be reviewed on a triennial basis (or sooner) to determine whether the use designation should be changed. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(e) "Seasonal salmonid" - these are rivers, streams and embayments capable of supporting the passage of salmonids from October to May and are water bodies large enough to support recreational fishing. This use will be in effect the months of October to May. Another aquatic life habitat use designation will be enforced the remainder of the year (June to September). A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(f) "Coldwater" - these are waters that meet one or both of the characteristics described in paragraphs (B)(1)(f)(i) and (B)(1)(f)(ii) of this rule. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(i) "Coldwater habitat, inland trout streams" - these are waters which support trout stocking and management under the auspices of the Ohio department of natural resources, division of wildlife, excluding waters in lake run stocking programs, lake or reservoir stocking programs, experimental or trial stocking programs, and put and take programs on waters without, or without the potential restoration of, natural coldwater attributes of temperature and flow. The director shall designate these waters in consultation with the director of the Ohio department of natural resources.

(ii) "Coldwater habitat, native fauna" - these are waters capable of supporting populations of native coldwater fish and associated vertebrate and invertebrate organisms and plants on an annual basis. The director shall designate these waters based upon results of use attainability analyses.

(g) "Limited resource water" - these are waters that have been the subject of a use attainability analysis and have been found to lack the potential for any resemblance of any other aquatic life habitat as determined by the biological criteria in table 7-15 of this rule. The use attainability analysis must demonstrate that the extant fauna is substantially degraded and that the potential for recovery of the fauna to the level characteristic of any other aquatic life habitat is realistically precluded due to natural background conditions or irretrievable human-induced conditions. For water bodies in the Lake Erie drainage basin, the designation of water bodies as limited resource waters shall include demonstrations that the "Outside Mixing Zone Average" water quality criteria and values and chronic whole effluent toxicity levels are not necessary to protect the designated uses and aquatic life pursuant to rule 3745-1-35 of the Administrative Code. All water body segments designated limited resource water will be reviewed on a triennial basis (or sooner) to determine whether the use designation should be changed. Limited resource waters are also termed nuisance prevention for some water bodies designated in rules 3745-1-08 to 3745-1-30 of the Administrative Code. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code. Waters designated limited resource water will be assigned one or more of the following causative factors. These causative factors will be listed as comments in rules 3745-1-08 to 3745-1-30 of the Administrative Code.

(i) "Acid mine drainage" - these are surface waters with sustained pH values below 4.1 s.u. or with intermittently acidic conditions combined with severe streambed siltation, and have a demonstrated biological performance below that of the modified warmwater habitat biological criteria.

(ii) "Small drainageway maintenance" - these are highly modified surface water drainageways (usually less than three square miles in drainage area) that do not possess the stream morphology and habitat characteristics necessary to support any other aquatic life habitat use. The potential for habitat improvements must be precluded due to regular stream channel maintenance required for drainage purposes.

(iii) Other specified conditions.

(2) Nuisance prevention

This use designation is being replaced by the limited resource water use designation described in paragraph (A)(1)(g) of this rule. All water body segments currently designated nuisance prevention in rules 3745-1-08 to 3745-1-30 of the Administrative Code must meet the limited resource water criteria in this rule. All references to the nuisance prevention use designation in rules 3745-1-08 to 3745-1-30 of the Administrative Code will be phased out over time and replaced with limited resource water.

(3) Water supply

(a) "Public" - these are waters that, with conventional treatment, will be suitable for human intake and meet federal regulations for drinking water. Criteria associated with this use designation apply within five hundred yards of surface water intakes. Although not necessarily included in rules 3745-1-08 to 3745-1-30 of the Administrative Code, the bodies of water with one or more of the following characteristics are designated public water supply:

(i) All publicly owned lakes and reservoirs, with the exception of Piedmont reservoir;

(ii) All privately owned lakes and reservoirs used as a source of public drinking water;

(iii) All surface waters within five hundred yards of an existing public water supply surface water intake;

(iv) All surface waters used as emergency water supplies.

(b) "Agricultural" - these are waters suitable for irrigation and livestock watering without treatment.

(c) "Industrial" - these are waters suitable for commercial and industrial uses, with or without treatment. Criteria for the support of the industrial water supply use designation will vary with the type of industry involved.

(4) Recreation These use designations are in effect only during the recreation season, which is the period from May first to October thirty-first. The director may require effluent disinfection, as a term or condition of a national pollutant discharge elimination system (NPDES) permit, administrative findings and orders or a judicial order, during the months outside the recreation season if necessary to protect an unusually high level of water based recreation activity such as, but not limited to, canoeing, kayaking, scuba diving, or sport fishing during spawning runs and, in the normal pursuit of the recreation activity, there is a strong likelihood of exposure to water borne pathogens through ingestion of water or from dermal exposure through fresh cuts or abrasions.

(a) "Bathing waters" - these are waters that, during the recreation season, are heavily used for swimming. The bathing water use applies to all waters in areas where a lifeguard or bathhouse facilities are present, and to any additional water bodies designated bathing waters in rules 3745-1-08 to 3745-1-32 of the Administrative Code.

(b) "Primary contact" - these are waters that, during the recreation season, are suitable for one or more full-body contact recreation activities such as, but not limited to, wading, swimming, boating, water skiing, canoeing, kayaking, and scuba diving. All surface waters of the state are designated as primary contact recreation unless otherwise designated as bathing waters or secondary contact recreation.

(c) "Secondary contact" - these are waters that result in minimal exposure potential to water borne pathogens because the waters are: rarely used for water based recreation such as, but not limited to, wading; situated in remote, sparsely populated areas; have restricted access points; and have insufficient depth to provide full body immersion, thereby greatly limiting the potential for water based recreation activities. Waters designated secondary contact recreation are identified in rules 3745-1-08 to 3745-1-30 of the Administrative Code.

(C) Protection of aquatic life - whole-effluent approach.

Whole-effluent toxicity levels shall be applied in accordance with rules 3745-2-09 and 3745-33-07 of the Administrative Code.

Table 7-1. Statewide water quality criteria for the protection of aquatic life.

Page 1 of 2

Chemical

Form1

Units2

IMZM3

OMZM3

OMZA3

Ammonia-N (WWH)

T

mg/l

--

Table 7-2

Table 7-5

Ammonia-N (EWH)

T

mg/l

--

Table 7-3

Table 7-6

Ammonia-N (MWH)

T

mg/l

--

Table 7-2

Table 7-7

Ammonia-N (SSH4)

T

mg/l

--

Table 7-4

a

Ammonia-N (CWH)

T

mg/l

--

Table 7-4

Table 7-8

Ammonia-N (LRW)

T

mg/l

--

Table 7-2

--

Arsenic

D6

µg/l

680

340

150

Arsenic

TR7

µg/l

680

340

150

Cadmium8

              

Chlorine

              

(WWH, EWH, MWH, CWH)

R

µg/l

--

19

11

Chlorine (LRW)

R

µg/l

--

19

--

Chlorine (SSH4)

R

µg/l

--

b

b

Chromium8

              

Chromium VI

D

µg/l

31

16

11

Copper8

              

Cyanide

              

(Lake Erie drainage basin)

free

µg/l

44

22

5.2

(Ohio river drainage basin)

              

(WWH, EWH, MWH)

free

µg/l

92

46

12

(LRW)

free

µg/l

92

46

--

(SSH4, CWH)

free

µg/l

45

22

5.2

Dieldrin

T

µg/l

0.47

0.24

0.056

Dissolved oxygen5(WWH)

T

mg/l

--

4.0

5.0

Dissolved oxygen5(EWH)

T

mg/l

--

5.0

6.0

Dissolved oxygen5(MWH)

T

mg/l

--

3.0c

4.0

Dissolved oxygen5(SSH4)

T

mg/l

--

a

a

Dissolved oxygen5(CWH)

T

mg/l

--

6.0

7.0

Dissolved oxygen5(LRW)

T

mg/l

--

2.0

3.0

Dissolved solids

T

mg/l

--

--

1500d

Endrin

T

µg/l

0.17

0.086

0.036

Lead8

              

Lindane

T

µg/l

1.9

0.95

--

Mercury

D6

µg/l

2.9

1.4

0.77

Mercury

TR7

µg/l

3.4

1.7

0.91

Nickel8

              

Parathion

T

µg/l

0.13

0.065

0.013

Pentachlorophenol9

              

pH (WWH, MWH)

--

s.u.

--

--

6.5 - 9.0

pH (EWH, CWH)

--

s.u.

--

--

e

pH (SSH4)

--

s.u.

--

--

a

pH (LRW)

--

s.u.

--

--

6.5 - 9.0f

Selenium

D6

µg/l

--

--

4.6

Selenium

TR7

µg/l

--

--

5.0

Temperature (WWH, MWH)

--

°F(°C)

--

Table 7-14

Table 7-14

Temperature (EWH, CWH)

--

°F(°C)

--

g

g

Temperature (SSH4)

--

°F(°C)

--

a

a

Temperature (LRW)

--

°F(°C)

--

98(37)

94(34)

Zinc8

              
                 

1 D = dissolved; R = total residual; T = total; TR = total recoverable.

2 mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion); s.u. = standard units; °F = degrees fahrenheit; °C = degrees celsius.

3 IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum; OMZA = outside mixing zone average.

4 This aquatic life habitat use designation is in effect only during the months of October to May.

5 For dissolved oxygen, OMZM means outside mixing zone minimum and OMZA means outside mixing zone minimum twenty-four-hour average.

6 These criteria are implemented by multiplying them by a translator approved by the director pursuant to rule 3745-2-04 of the Administrative Code.

7 These criteria apply in the absence of a translator approved by the director pursuant to rule 3745-2-04 of the Administrative Code.

8 These criteria are water hardness dependent. See table 7-9 of this rule.

9 These criteria are water pH dependent. See table 7-10 of this rule.

a This criterion is the same as that for the aquatic life use designation in effect June to September. See footnote 4.

b No chlorine is to be discharged.

c The dissolved oxygen minimum at any time criterion for modied warmwater habitats in the Huron/Erie lake plain ecoregion, as identified in rules 3745-1-08 to 3745-1-30 of the Administrative Code, is 2.5 mg/l.

d Equivalent 25°C specic conductance value is 2400 micromhos/cm.

e pH is to be 6.5 - 9.0, with no change within that range attributable to human-induced conditions.

f Acid mine drainage streams over sandstone geotype are exempt from the pH criterion.

g At no time shall the water temperature exceed the temperature which would occur there were no temperature change attributable to human activities.

Table 7-2.

Warmwater habitat, modified warmwater habitat and limited resource water outside mixing zone maximum total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.7

10.6

8.4

6.7

5.4

4.3

3.4

2.7

1.8

1.1

1

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.5

10.5

8.3

6.6

5.3

4.2

3.4

2.7

1.7

1.1

2

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.3

10.3

8.2

6.5

5.2

4.2

3.3

2.7

1.7

1.1

3

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.2

8.1

6.5

5.2

4.1

3.3

2.6

1.7

1.1

4

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.0

10.1

8.0

6.4

5.1

4.1

3.3

2.6

1.7

1.1

5

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.9

9.9

7.9

6.3

5.0

4.0

3.2

2.6

1.7

1.1

6

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.7

9.8

7.8

6.3

5.0

4.0

3.2

2.6

1.7

1.1

7

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.6

9.7

7.8

6.2

5.0

4.0

3.2

2.6

1.7

1.1

8

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.5

9.6

7.7

6.1

4.9

3.9

3.2

2.5

1.7

1.1

9

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.4

9.6

7.6

6.1

4.9

3.9

3.1

2.5

1.7

1.1

10

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.3

9.5

7.6

6.0

4.8

3.9

3.1

2.5

1.6

1.1

11

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.2

9.4

7.5

6.0

4.8

3.9

3.1

2.5

1.6

1.1

12

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.1

9.3

7.5

6.0

4.8

3.8

3.1

2.5

1.6

1.1

13

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.1

9.3

7.4

5.9

4.8

3.8

3.1

2.5

1.7

1.1

14

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.0

9.2

7.4

5.9

4.7

3.8

3.1

2.5

1.7

1.1

15

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.9

10.9

9.2

7.4

5.9

4.7

3.8

3.1

2.5

1.7

1.1

16

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.8

10.9

9.2

7.3

5.9

4.7

3.8

3.1

2.5

1.7

1.2

17

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.8

10.8

9.1

7.3

5.9

4.7

3.8

3.1

2.5

1.7

1.2

18

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.7

10.8

9.1

7.3

5.8

4.7

3.8

3.1

2.5

1.7

1.2

19

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.7

10.8

9.1

7.3

5.8

4.7

3.8

3.1

2.5

1.7

1.2

20

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.7

10.7

9.1

7.3

5.8

4.7

3.8

3.1

2.5

1.7

1.2

21

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.7

9.1

7.3

5.8

4.7

3.8

3.1

2.6

1.7

1.2

22

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.7

9.0

7.3

5.9

4.7

3.8

3.1

2.6

1.8

1.3

23

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.7

9.1

7.3

5.9

4.7

3.9

3.2

2.6

1.8

1.3

24

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.7

9.1

7.3

5.9

4.8

3.9

3.2

2.6

1.8

1.3

25

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.7

9.1

7.3

5.9

4.8

3.9

3.2

2.6

1.9

1.3

26

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.8

10.0

8.5

6.8

5.5

4.5

3.7

3.0

2.5

1.8

1.3

27

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.8

11.0

9.4

8.0

6.4

5.2

4.2

3.5

2.8

2.4

1.7

1.2

28

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.0

10.3

8.8

7.5

6.0

4.9

4.0

3.3

2.7

2.2

1.6

1.2

29

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.9

11.2

9.6

8.2

7.0

5.7

4.6

3.7

3.1

2.5

2.1

1.5

1.1

30

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.5

9.0

7.7

6.6

5.3

4.3

3.5

2.9

2.4

2.0

1.5

1.1

Table 7-3.

Exceptional warmwater habitat outside mixing zone maximum total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.9

9.3

7.8

6.6

5.2

4.2

3.3

2.6

2.1

1.7

1.1

0.7

1

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.4

10.7

9.1

7.7

6.5

5.2

4.1

3.3

2.6

2.1

1.7

1.1

0.7

2

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.6

9.0

7.6

6.4

5.1

4.1

3.2

2.6

2.1

1.6

1.1

0.7

3

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.4

8.9

7.5

6.3

5.0

4.0

3.2

2.5

2.0

1.6

1.1

0.7

4

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.9

10.3

8.8

7.4

6.2

5.0

4.0

3.2

2.5

2.0

1.6

1.0

0.7

5

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.8

10.2

8.7

7.3

6.2

4.9

3.9

3.1

2.5

2.0

1.6

1.0

0.7

6

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.6

10.1

8.6

7.3

6.1

4.9

3.9

3.1

2.5

2.0

1.6

1.0

0.7

7

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.5

9.9

8.5

7.2

6.0

4.8

3.8

3.1

2.5

2.0

1.6

1.0

0.7

8

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.4

9.8

8.4

7.1

6.0

4.8

3.8

3.0

2.4

2.0

1.6

1.0

0.7

9

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.9

11.3

9.8

8.3

7.1

5.9

4.7

3.8

3.0

2.4

1.9

1.6

1.0

0.7

10

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.8

11.2

9.7

8.3

7.0

5.9

4.7

3.7

3.0

2.4

1.9

1.6

1.0

0.7

11

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.7

11.1

9.6

8.2

6.9

5.8

4.7

3.7

3.0

2.4

1.9

1.5

1.0

0.7

12

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

11.0

9.5

8.1

6.9

5.8

4.6

3.7

3.0

2.4

1.9

1.5

1.0

0.7

13

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.5

10.9

9.4

8.1

6.8

5.8

4.6

3.7

2.9

2.4

1.9

1.5

1.0

0.7

14

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.4

10.8

9.4

8.0

6.8

5.7

4.6

3.7

2.9

2.4

1.9

1.5

1.0

0.7

15

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.3

10.8

9.3

8.0

6.8

5.7

4.6

3.6

2.9

2.4

1.9

1.5

1.0

0.7

16

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.7

9.3

7.9

6.7

5.7

4.5

3.6

2.9

2.4

1.9

1.5

1.0

0.7

17

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.7

9.2

7.9

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.5

1.0

0.7

18

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.6

9.2

7.9

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.0

0.7

19

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.6

9.2

7.9

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.1

0.7

20

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.0

10.5

9.2

7.8

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.1

0.8

21

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.0

10.5

9.1

7.8

6.6

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.1

0.8

22

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.0

10.5

9.1

7.8

6.6

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.1

0.8

23

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.9

10.5

9.1

7.8

6.6

5.6

4.5

3.6

2.9

2.4

2.0

1.6

1.1

0.8

24

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.9

10.5

9.1

7.8

6.6

5.6

4.5

3.6

3.0

2.4

2.0

1.6

1.1

0.8

25

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.9

10.5

9.1

7.8

6.6

5.6

4.5

3.7

3.0

2.4

2.0

1.6

1.1

0.8

26

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.5

11.1

9.8

8.5

7.3

6.2

5.3

4.2

3.4

2.8

2.3

1.9

1.5

1.1

0.8

27

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.7

10.4

9.1

7.9

6.8

5.8

4.9

4.0

3.2

2.6

2.1

1.8

1.5

1.0

0.8

28

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.9

9.7

8.5

7.4

6.4

5.4

4.6

3.7

3.0

2.5

2.0

1.7

1.4

1.0

0.7

29

13.0

13.0

13.0

13.0

13.0

12.4

11.3

10.2

9.1

8.0

6.9

6.0

5.1

4.3

3.5

2.8

2.3

1.9

1.6

1.3

0.9

0.7

30

13.0

13.0

13.0

13.0

12.6

11.6

10.6

9.5

8.5

7.5

6.5

5.6

4.8

4.1

3.3

2.7

2.2

1.8

1.5

1.2

0.9

0.7

Table 7-4.

Coldwater habitat and seasonal salmonid habitat outside mixing zone maximum total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

10.9

9.3

7.8

6.6

5.2

4.2

3.3

2.6

2.1

1.7

1.1

0.7

1

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.4

10.7

9.1

7.7

6.5

5.2

4.1

3.3

2.6

2.1

1.7

1.1

0.7

2

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.6

9.0

7.6

6.4

5.1

4.1

3.2

2.6

2.1

1.6

1.1

0.7

3

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.4

8.9

7.5

6.3

5.0

4.0

3.2

2.5

2.0

1.6

1.1

0.7

4

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.9

10.3

8.8

7.4

6.2

5.0

4.0

3.2

2.5

2.0

1.6

1.0

0.7

5

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.8

10.2

8.7

7.3

6.2

4.9

3.9

3.1

2.5

2.0

1.6

1.0

0.7

6

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.6

10.1

8.6

7.3

6.1

4.9

3.9

3.1

2.5

2.0

1.6

1.0

0.7

7

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.5

9.9

8.5

7.2

6.0

4.8

3.8

3.1

2.5

2.0

1.6

1.0

0.7

8

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.4

9.8

8.4

7.1

6.0

4.8

3.8

3.0

2.4

2.0

1.6

1.0

0.7

9

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.9

11.3

9.8

8.3

7.1

5.9

4.7

3.8

3.0

2.4

1.9

1.6

1.0

0.7

10

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.8

11.2

9.7

8.3

7.0

5.9

4.7

3.7

3.0

2.4

1.9

1.6

1.0

0.7

11

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.7

11.1

9.6

8.2

6.9

5.8

4.7

3.7

3.0

2.4

1.9

1.5

1.0

0.7

12

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

11.0

9.5

8.1

6.9

5.8

4.6

3.7

3.0

2.4

1.9

1.5

1.0

0.7

13

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.5

10.9

9.4

8.1

6.8

5.8

4.6

3.7

2.9

2.4

1.9

1.5

1.0

0.7

14

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.4

10.8

9.4

8.0

6.8

5.7

4.6

3.7

2.9

2.4

1.9

1.5

1.0

0.7

15

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.3

10.8

9.3

8.0

6.8

5.7

4.6

3.6

2.9

2.4

1.9

1.5

1.0

0.7

16

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.7

9.3

7.9

6.7

5.7

4.5

3.6

2.9

2.4

1.9

1.5

1.0

0.7

17

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.7

9.2

7.9

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.5

1.0

0.7

18

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.6

9.2

7.9

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.0

0.7

19

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.1

10.6

9.2

7.9

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.1

0.7

20

13.0

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.0

10.5

9.1

7.8

6.7

5.6

4.5

3.6

2.9

2.4

1.9

1.6

1.1

0.8

21

13.0

13.0

13.0

13.0

13.0

13.0

13.0

12.6

11.2

9.8

8.5

7.3

6.2

5.2

4.2

3.4

2.7

2.2

1.8

1.5

1.0

0.7

22

13.0

13.0

13.0

13.0

13.0

13.0

13.0

11.7

10.4

9.1

7.9

6.8

5.8

4.9

3.9

3.2

2.6

2.1

1.7

1.4

1.0

0.7

23

13.0

13.0

13.0

13.0

13.0

13.0

12.2

10.9

9.7

8.5

7.4

6.3

5.4

4.6

3.7

3.0

2.4

1.9

1.6

1.3

0.9

0.6

24

13.0

13.0

13.0

13.0

13.0

12.4

11.3

10.2

9.1

7.9

6.9

5.9

5.0

4.3

3.4

2.8

2.2

1.8

1.5

1.2

0.9

0.6

25

13.0

13.0

13.0

13.0

12.6

11.6

10.6

9.5

8.4

7.4

6.4

5.5

4.7

4.0

3.2

2.6

2.1

1.7

1.4

1.2

0.8

0.6

26

13.0

13.0

13.0

12.6

11.7

10.8

9.9

8.9

7.9

6.9

6.0

5.2

4.4

3.7

3.0

2.4

2.0

1.6

1.3

1.1

0.8

0.6

27

13.0

13.0

12.4

11.7

10.9

10.1

9.2

8.3

7.4

6.5

5.6

4.8

4.1

3.5

2.8

2.3

1.9

1.5

1.2

1.0

0.7

0.5

28

13.0

12.7

11.6

10.9

10.2

9.4

8.6

7.7

6.9

6.0

5.2

4.5

3.9

3.3

2.6

2.1

1.7

1.4

1.2

1.0

0.7

0.5

29

12.6

11.9

10.8

10.2

9.5

8.8

8.0

7.2

6.4

5.6

4.9

4.2

3.6

3.1

2.5

2.0

1.6

1.3

1.1

0.9

0.7

0.5

30

11.8

11.1

10.1

9.5

8.9

8.2

7.5

6.8

6.0

5.3

4.6

4.0

3.4

2.9

2.3

1.9

1.5

1.3

1.1

0.9

0.6

0.5

Table 7-5. Warmwater habitat outside mixing zone 30-day average total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

The following criteria apply during the months of December to February:

0-10

13.0

13.0

13.0

12.6

11.7

10.7

9.7

8.6

7.6

6.6

5.6

4.8

4.0

3.3

2.8

2.3

1.9

1.5

1.2

1.0

0.7

0.5

11

13.0

13.0

12.4

11.6

10.8

9.9

8.9

8.0

7.0

6.1

5.2

4.4

3.7

3.1

2.6

2.1

1.7

1.4

1.2

0.9

0.6

0.4

12

13.0

12.6

11.5

10.8

10.0

9.2

8.3

7.4

6.5

5.6

4.8

4.1

3.4

2.9

2.4

2.0

1.6

1.3

1.1

0.9

0.6

0.4

13

12.3

11.6

10.6

10.0

9.2

8.5

7.7

6.8

6.0

5.2

4.5

3.8

3.2

2.7

2.2

1.8

1.5

1.2

1.0

0.8

0.6

0.4

14

11.4

10.8

9.8

9.3

8.6

7.9

7.1

6.3

5.6

4.8

4.2

3.5

3.0

2.5

2.1

1.7

1.4

1.1

0.9

0.8

0.5

0.4

15

10.6

10.0

9.1

8.6

8.0

7.3

6.6

5.9

5.2

4.5

3.9

3.3

2.8

2.3

1.9

1.6

1.3

1.1

0.9

0.7

0.5

0.3

16

9.8

9.3

8.5

8.0

7.4

6.8

6.1

5.5

4.8

4.2

3.6

3.0

2.6

2.1

1.8

1.5

1.2

1.0

0.8

0.7

0.5

0.3

17

9.1

8.6

7.8

7.4

6.8

6.3

5.7

5.1

4.5

3.9

3.3

2.8

2.4

2.0

1.7

1.4

1.1

0.9

0.8

0.6

0.4

0.3

18

8.5

8.0

7.3

6.9

6.4

5.8

5.3

4.7

4.2

3.6

3.1

2.6

2.2

1.8

1.5

1.3

1.1

0.9

0.7

0.6

0.4

0.3

19

7.9

7.4

6.8

6.4

5.9

5.4

4.9

4.4

3.9

3.3

2.9

2.4

2.1

1.7

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.3

20

7.3

6.9

6.3

5.9

5.5

5.0

4.6

4.1

3.6

3.1

2.7

2.3

1.9

1.6

1.3

1.1

0.9

0.8

0.6

0.5

0.4

0.3

The following criteria apply during the months of March to November:

10

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

11

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

12

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

13

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

14

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

15

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

16

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

17

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

18

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

19

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

20

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

21

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

22

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.6

1.4

1.2

0.9

0.8

0.6

0.5

0.4

0.3

0.2

0.2

23

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.5

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

0.2

24

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.4

0.3

0.2

0.1

25

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.3

1.1

1.0

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.1

26

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.2

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.1

27

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.4

0.3

0.2

0.2

0.1

28

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.1

0.9

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

29

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.0

0.9

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

30

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.0

0.8

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

Table 7-6. Exceptional warmwater habitat outside mixing zone 30-day average total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

The following criteria apply during the months of December to February:

0-10

13.0

13.0

13.0

12.6

11.7

10.7

9.7

8.6

7.6

6.6

5.6

4.8

4.0

3.3

2.8

2.3

1.9

1.5

1.2

1.0

0.7

0.5

11

13.0

13.0

12.4

11.6

10.8

9.9

8.9

8.0

7.0

6.1

5.2

4.4

3.7

3.1

2.6

2.1

1.7

1.4

1.2

0.9

0.6

0.4

12

13.0

12.6

11.5

10.8

10.0

9.2

8.3

7.4

6.5

5.6

4.8

4.1

3.4

2.9

2.4

2.0

1.6

1.3

1.1

0.9

0.6

0.4

13

12.3

11.6

10.6

10.0

9.2

8.5

7.7

6.8

6.0

5.2

4.5

3.8

3.2

2.7

2.2

1.8

1.5

1.2

1.0

0.8

0.6

0.4

14

11.4

10.8

9.8

9.3

8.6

7.9

7.1

6.3

5.6

4.8

4.2

3.5

3.0

2.5

2.1

1.7

1.4

1.1

0.9

0.8

0.5

0.4

15

10.6

10.0

9.1

8.6

8.0

7.3

6.6

5.9

5.2

4.5

3.9

3.3

2.8

2.3

1.9

1.6

1.3

1.1

0.9

0.7

0.5

0.3

16

9.8

9.3

8.5

8.0

7.4

6.8

6.1

5.5

4.8

4.2

3.6

3.0

2.6

2.1

1.8

1.5

1.2

1.0

0.8

0.7

0.5

0.3

17

9.1

8.6

7.8

7.4

6.8

6.3

5.7

5.1

4.5

3.9

3.3

2.8

2.4

2.0

1.7

1.4

1.1

0.9

0.8

0.6

0.4

0.3

18

8.5

8.0

7.3

6.9

6.4

5.8

5.3

4.7

4.2

3.6

3.1

2.6

2.2

1.8

1.5

1.3

1.1

0.9

0.7

0.6

0.4

0.3

19

7.9

7.4

6.8

6.4

5.9

5.4

4.9

4.4

3.9

3.3

2.9

2.4

2.1

1.7

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.3

20

7.3

6.9

6.3

5.9

5.5

5.0

4.6

4.1

3.6

3.1

2.7

2.3

1.9

1.6

1.3

1.1

0.9

0.8

0.6

0.5

0.4

0.3

The following criteria apply during the months of March to November:

10

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.9

0.7

0.5

0.4

0.4

0.2

0.2

11

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.8

0.7

0.5

0.4

0.4

0.2

0.2

12

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.8

0.7

0.5

0.4

0.4

0.2

0.2

13

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.8

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

14

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

15

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

16

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

17

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

18

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

19

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

20

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

21

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.7

1.4

1.2

1.0

0.8

0.6

0.5

0.4

0.3

0.2

0.2

22

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.6

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

0.2

23

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.4

0.3

0.2

0.1

24

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.3

1.1

1.0

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.1

25

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.1

26

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.2

1.0

0.8

0.7

0.6

0.4

0.4

0.3

0.2

0.2

0.1

27

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.1

0.9

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

28

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.0

0.9

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

29

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.0

0.8

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

30

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.9

0.8

0.7

0.5

0.4

0.4

0.3

0.2

0.2

0.1

0.1

Table 7-7. Modified warmwater habitat outside mixing zone 30-day average total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

The following criteria apply during the months of December to February:

0-10

13.0

13.0

13.0

12.6

11.7

10.7

9.7

8.6

7.6

6.6

5.6

4.8

4.0

3.3

2.8

2.3

1.9

1.5

1.2

1.0

0.7

0.5

11

13.0

13.0

12.4

11.6

10.8

9.9

8.9

8.0

7.0

6.1

5.2

4.4

3.7

3.1

2.6

2.1

1.7

1.4

1.2

0.9

0.6

0.4

12

13.0

12.6

11.5

10.8

10.0

9.2

8.3

7.4

6.5

5.6

4.8

4.1

3.4

2.9

2.4

2.0

1.6

1.3

1.1

0.9

0.6

0.4

13

12.3

11.6

10.6

10.0

9.2

8.5

7.7

6.8

6.0

5.2

4.5

3.8

3.2

2.7

2.2

1.8

1.5

1.2

1.0

0.8

0.6

0.4

14

11.4

10.8

9.8

9.3

8.6

7.9

7.1

6.3

5.6

4.8

4.2

3.5

3.0

2.5

2.1

1.7

1.4

1.1

0.9

0.8

0.5

0.4

15

10.6

10.0

9.1

8.6

8.0

7.3

6.6

5.9

5.2

4.5

3.9

3.3

2.8

2.3

1.9

1.6

1.3

1.1

0.9

0.7

0.5

0.3

16

9.8

9.3

8.5

8.0

7.4

6.8

6.1

5.5

4.8

4.2

3.6

3.0

2.6

2.1

1.8

1.5

1.2

1.0

0.8

0.7

0.5

0.3

17

9.1

8.6

7.8

7.4

6.8

6.3

5.7

5.1

4.5

3.9

3.3

2.8

2.4

2.0

1.7

1.4

1.1

0.9

0.8

0.6

0.4

0.3

18

8.5

8.0

7.3

6.9

6.4

5.8

5.3

4.7

4.2

3.6

3.1

2.6

2.2

1.8

1.5

1.3

1.1

0.9

0.7

0.6

0.4

0.3

19

7.9

7.4

6.8

6.4

5.9

5.4

4.9

4.4

3.9

3.3

2.9

2.4

2.1

1.7

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.3

20

7.3

6.9

6.3

5.9

5.5

5.0

4.6

4.1

3.6

3.1

2.7

2.3

1.9

1.6

1.3

1.1

0.9

0.8

0.6

0.5

0.4

0.3

The following criteria apply during the months of March to November:

10

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

2.9

2.5

2.1

1.7

1.3

1.1

0.9

0.7

0.6

0.4

0.2

11

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

2.9

2.5

2.1

1.7

1.3

1.1

0.8

0.7

0.6

0.4

0.2

12

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

2.9

2.4

2.1

1.6

1.3

1.1

0.8

0.7

0.5

0.4

0.2

13

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

3.4

2.9

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.2

14

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

2.9

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.2

15

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

2.8

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.3

16

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

2.8

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.3

17

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

2.8

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.3

18

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

2.8

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.6

0.4

0.3

19

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

3.3

2.8

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.6

0.4

0.3

20

3.2

3.2

3.2

3.2

3.2

3.2

3.2

3.2

3.2

3.2

3.2

2.8

2.4

2.0

1.6

1.3

1.0

0.8

0.7

0.6

0.4

0.3

21

3.0

3.0

3.0

3.0

3.0

3.0

3.0

3.0

3.0

3.0

3.0

2.6

2.2

1.9

1.5

1.2

1.0

0.8

0.6

0.5

0.4

0.3

22

2.8

2.8

2.8

2.8

2.8

2.8

2.8

2.8

2.8

2.8

2.8

2.4

2.1

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.3

0.2

23

2.6

2.6

2.6

2.6

2.6

2.6

2.6

2.6

2.6

2.6

2.6

2.3

1.9

1.6

1.3

1.0

0.8

0.7

0.6

0.5

0.3

0.2

24

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.1

1.8

1.5

1.2

1.0

0.8

0.6

0.5

0.4

0.3

0.2

25

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

26

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.6

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

27

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

1.7

1.5

1.2

1.0

0.8

0.7

0.5

0.4

0.4

0.3

0.2

28

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.9

1.6

1.4

1.2

0.9

0.8

0.6

0.5

0.4

0.3

0.2

0.2

29

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.5

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

0.2

30

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.4

1.2

1.0

0.8

0.7

0.5

0.5

0.4

0.3

0.2

0.2

Table 7-8. Coldwater habitat outside mixing zone 30-day average total ammonia-nitrogen criteria (mg/l).

pH

6.5

6.7

6.9

7.0

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

7.9

8.0

8.1

8.2

8.3

8.4

8.5

8.6

8.8

9.0

Temp. (°C)

                                                                 

0

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.1

1.8

1.5

1.2

0.9

0.8

0.6

0.5

0.4

0.2

0.2

1

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.1

1.8

1.5

1.2

0.9

0.7

0.6

0.5

0.4

0.2

0.2

2

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.1

1.7

1.5

1.2

0.9

0.7

0.6

0.5

0.4

0.2

0.2

3

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.4

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

4

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

5

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

6

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.0

1.7

1.4

1.1

0.9

0.7

0.6

0.5

0.4

0.2

0.2

7

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

2.3

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.4

0.4

0.2

0.2

8

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.4

1.1

0.9

0.7

0.6

0.4

0.4

0.2

0.2

9

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.9

0.7

0.6

0.4

0.4

0.2

0.2

10

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.9

0.7

0.5

0.4

0.4

0.2

0.2

11

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.8

0.7

0.5

0.4

0.4

0.2

0.2

12

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.9

1.6

1.3

1.1

0.8

0.7

0.5

0.4

0.4

0.2

0.2

13

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

2.2

1.8

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

14

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.6

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

15

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

2.1

1.8

1.5

1.3

1.0

0.8

0.7

0.5

0.4

0.4

0.2

0.2

16

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

2.0

1.7

1.4

1.2

1.0

0.8

0.6

0.5

0.4

0.3

0.2

0.2

17

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.8

1.6

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.2

0.1

18

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.7

1.5

1.2

1.0

0.8

0.7

0.5

0.4

0.4

0.3

0.2

0.1

19

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.6

1.4

1.2

1.0

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.1

20

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.5

1.3

1.1

0.9

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.1

21

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.4

1.2

1.0

0.8

0.7

0.5

0.4

0.4

0.3

0.2

0.2

0.1

22

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.3

1.1

0.9

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

23

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.2

1.0

0.9

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.1

0.1

24

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.1

1.0

0.8

0.7

0.6

0.4

0.4

0.3

0.2

0.2

0.1

0.1

25

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.9

0.8

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

0.1

26

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.8

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

0.1

27

0.9

0.9

0.9

0.9

0.9

0.9

0.9

0.9

0.9

0.9

0.9

0.8

0.7

0.6

0.5

0.4

0.3

0.2

0.2

0.2

0.1

0.1

28

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.2

0.1

0.1

29

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.8

0.7

0.6

0.5

0.4

0.3

0.3

0.2

0.2

0.1

0.1

0.1

30

0.7

0.7

0.7

0.7

0.7

0.7

0.7

0.7

0.7

0.7

0.7

0.6

0.5

0.5

0.4

0.3

0.2

0.2

0.2

0.1

0.1

0.1

Table 7-9. Statewide water quality criteria for the protection of aquatic life for water hardness dependent criteria. Page 1 of 2

           

Criteria6

Chemical

Form1

Units2

Equation

100

200

300

400

Cadmium

                    

IMZM3

D4

µg/l

e( 1.128 [ln H] - 3.051 )

8.5

19

29

41

OMZM3

D4

µg/l

e( 1.128 [ln H] - 3.744 )

4.3

9.3

15

20

OMZA3

D4

µg/l

e( 0.7852 [ln H] - 2.810 )

2.2

3.9

5.3

6.6

Cadmium

                    

IMZM3

TR5

µg/l

e( 1.128 [ln H] - 2.9936 )

9.0

20

31

43

OMZM3

TR5

µg/l

e( 1.128 [ln H] - 3.6867 )

4.5

9.9

16

22

OMZA3

TR5

µg/l

e( 0.7852 [ln H] - 2.715 )

2.5

4.2

5.8

7.3

Chromium

                    

IMZM3

D4

µg/l

e( 0.819 [ln H] + 3.2667 )

1100

2000

2800

3500

OMZM3

D4

µg/l

e( 0.819 [ln H] + 2.5736 )

570

1000

1400

1800

OMZA3

D4

µg/l

e( 0.819 [ln H] + 0.5340 )

74

130

180

230

Chromium

                    

IMZM3

TR5

µg/l

e( 0.819 [ln H] + 4.4187 )

3600

6400

8900

11000

OMZM3

TR5

µg/l

e( 0.819 [ln H] + 3.7256 )

1800

3200

4400

5600

OMZA3

TR5

µg/l

e( 0.819 [ln H] + 0.6848 )

86

150

210

270

Copper

                    

IMZM3

D4

µg/l

e( 0.9422 [ln H] - 1.048 )

27

52

76

99

OMZM3

D4

µg/l

e( 0.9422 [ln H] - 1.741 )

13

26

38

50

OMZA3

D4

µg/l

e( 0.8545 [ln H] - 1.743 )

9.0

16

23

29

Copper

                    

IMZM3

TR5

µg/l

e( 0.9422 [ln H] - 1.007 )

28

54

79

100

OMZM3

TR5

µg/l

e( 0.9422 [ln H] - 1.700 )

14

27

39

52

OMZA3

TR5

µg/l

e( 0.8545 [ln H] - 1.702 )

9.3

17

24

30

Lead

                    

IMZM3

D4

µg/l

e( 1.273 [ln H] - 0.5964 )

190

470

780

1100

OMZM3

D4

µg/l

e( 1.273 [ln H] - 1.289 )

97

230

390

570

OMZA3

D4

µg/l

e( 1.273 [ln H] - 4.237 )

5.1

12

21

30

Lead

                    

IMZM3

TR5

µg/l

e( 1.273 [ln H] - 0.3619 )

240

590

990

1400

OMZM3

TR5

µg/l

e( 1.273 [ln H] - 1.055 )

120

300

500

710

OMZA3

TR5

µg/l

e( 1.273 [ln H] - 4.003 )

6.4

16

26

37

Nickel

                    

IMZM3

D4

µg/l

e( 0.846 [ln H] + 2.946 )

940

1700

2400

3000

OMZM3

D4

µg/l

e( 0.846 [ln H] + 2.253 )

470

840

1200

1500

OMZA3

D4

µg/l

e( 0.846 [ln H] + 0.0554 )

52

93

130

170

Nickel

                    

IMZM3

TR5

µg/l

e( 0.846 [ln H] + 2.948 )

940

1700

2400

3000

OMZM3

TR5

µg/l

e( 0.846 [ln H] + 2.255 )

470

840

1200

1500

OMZA3

TR5

µg/l

e( 0.846 [ln H] + 0.0584 )

52

94

130

170

Zinc

                    

IMZM3

D4

µg/l

e( 0.8473 [ln H] + 1.555 )

230

420

590

760

OMZM3

D4

µg/l

e( 0.8473 [ln H] + 0.862 )

120

210

300

380

OMZA3

D4

µg/l

e( 0.8473 [ln H] + 0.870 )

120

210

300

380

Zinc

                    

IMZM3

TR5

µg/l

e( 0.8473 [ln H] + 1.577 )

240

430

610

780

OMZM3

TR5

µg/l

e( 0.8473 [ln H] + 0.884 )

120

220

300

390

OMZA3

TR5

µg/l

e( 0.8473 [ln H] + 0.884 )

120

220

300

390

1D = dissolved; TR = total recoverable.

2µg/l = micrograms per liter (parts per billion).

3IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum; OMZA = outside mixing zone average.

4These criteria are implemented by multiplying them by a translator approved by the director pursuant to rule 3745-2-04 of the Administrative Code.

5These criteria apply in the absence of a translator approved by the director pursuant to rule 3745-2-04 of the Administrative Code.

6Numeric criteria are presented at example water hardnesses. The equations can be used to calculate numeric criteria at any water hardness up to 400 mg/l CaCO3. "e" = the base e exponential function. "ln H" = the natural logarithm of the water hardness. The criteria at a water hardness of 400 mg/l CaCO3are used for water hardnesses above 400 mg/l CaCO3.

Table 7-10. Statewide water quality criteria for the protection of aquatic life for water pH dependent criteria.

           

Criteria4

Chemical

Form1

Units2

Equation

6.5

7.5

8.0

9.0

Pentachlorophenol

                    

IMZM3

T

µg/l

e( 1.005 [pH] - 4.176 )

11

29

48

130

OMZM3

T

µg/l

e( 1.005 [pH] - 4.869 )

5.3

14

24

65

OMZM3

T

µg/l

e( 1.005 [pH] - 5.134 )

4.0

11

18

50

1T = total.

2µg/l = micrograms per liter (parts per billion).

3IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum; OMZA = outside mixing zone average.

4Numeric criteria are presented at example water pH. The equations can be used to calculate numeric criteria at any water pH between 6.5 and 9.0. "e" = the base e exponential function.

Table 7-11. Statewide water quality criteria for the protection against adverse aesthetic conditions.

Chemical

Form1

Units2

IMZM3

OMZM3

Drinking

2-Chlorophenol

T

µg/l

--

--

0.1a

2,4-Dichlorophenol

T

µg/l

--

--

0.3a

MBAS (foaming agents)

T

mg/l

--

0.50

--

Oil & grease

T

mg/l

--

10b

--

Phenol

T

µg/l

--

--

1.0a

Phosphorus

T

mg/l

C

--

C

1T = total.

2mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion).

3IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum.

aThis criterion is based on the protection against organoleptic (taste and/or odor) effects.

bSurface waters shall be free from floating oils and shall at no time produce a visible sheen or color film. Levels of oils or petrochemicals in the sediment or on the banks of a watercourse which cause deleterious effects to the biota will not be permitted.

cTotal phosphorus as P shall be limited to the extent necessary to prevent nuisance growths of algae, weeds, and slimes that result in a violation of the water quality criteria set forth in paragraph (E) of rule 3745-1-04 of the Administrative Code or, for public water supplies, that result in taste or odor problems. In areas where such nuisance growths exist, phosphorus discharges from point sources determined significant by the director shall not exceed a daily average of one milligram per liter as total P, or such stricter requirements as may be imposed by the director in accordance with the international joint commission (United States-Canada agreement).

Table 7-12. Statewide water quality criteria for the protection of agricultural uses.

Chemical

Form1

Units2

OMZA3

Arsenic

TR

µg/l

100

Beryllium

TR

µg/l

100

Cadmium

TR

µg/l

50

Total chromium

TR

µg/l

100

Copper

TR

µg/l

500

Fluoride

T

µg/l

2,000

Iron

TR

µg/l

5,000

Lead

TR

µg/l

100

Mercury

TR

µg/l

10

Nickel

TR

µg/l

200

Nitrates + nitrites

T

mg/l

100

Selenium

TR

µg/l

50

Zinc

TR

µg/l

25,000

1T = total; TR = total recoverable.

2mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion).

3OMZA = outside mixing zone average.

Table 7-13. Statewide numerical criteria for the protection of recreation uses. These criteria apply inside and outside the mixing zone at all times during the recreation season.

Recreation use

E. coli (colony counts per 100 ml)

90-day geometric mean

Statistical threshold value1

Bathing water

126

410a

Primary contact recreation

126

410

Secondary contact recreation

1030

1030

1 These criteria shall not be exceeded in more than ten per cent of the samples taken during any ninety-day period.

a A beach action value of 235 E. coli colony counts per 100 ml shall be used for the purpose of issuing beach and bathing water advisories.

Table 7-14. Temperature criteria.

(A) General Ohio river basin - includes all waters of the state within the boundaries of the Ohio river basin, excluding the Ohio river and those water bodies or water body segments as designated in paragraphs (B) to (F) of this table. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

47 ( 8.3 )

47 ( 8.3 )

51 ( 10.0 )

54 ( 12.2 )

59 ( 15.0 )

65 ( 18.3 )

67 ( 19.4 )

70 ( 21.1 )

74 ( 23.3 )

Daily Maximum:

52 ( 11.1 )

52 ( 11.1 )

56 ( 13.3 )

59 ( 15.0 )

65 ( 18.3 )

70 ( 21.1 )

73 ( 22.8 )

76 ( 24.4 )

80 ( 26.7 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

82 ( 27.8 )

82 ( 27.8 )

82 ( 27.8 )

82 ( 27.8 )

73 ( 22.8 )

71 ( 21.7 )

65 ( 18.3 )

60 ( 15.6 )

47 ( 8.3 )

Daily Maximum:

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

78 ( 25.6 )

76 ( 24.4 )

70 ( 21.1 )

65 ( 18.3 )

52 ( 11.1 )

(B) Lower great Miami river - Steele dam in Dayton (river mile 81.3 ) to the confluence with the Ohio river. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

49 ( 9.4 )

49 ( 9.4 )

53 ( 11.9 )

56 ( 13.3 )

59 ( 15.0 )

65 ( 18.3 )

67 ( 19.4 )

70 ( 21.1 )

75 ( 23.9 )

Daily Maximum:

54 ( 12.2 )

54 ( 12.2 )

58 ( 14.4 )

61 ( 16.1 )

68 ( 20.0 )

74 ( 23.3 )

77 ( 25.0 )

79 ( 26.1 )

83 ( 28.3 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

78 ( 25.6 )

71 ( 21.7 )

66 ( 18.9 )

63 ( 17.2 )

49 ( 9.4 )

Daily Maximum:

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

83 ( 28.3 )

76 ( 24.4 )

71 ( 21.7 )

68 ( 20.0 )

54 ( 12.2 )

(C) Scioto river - Griggs dam in Columbus (river mile 136) to the confluence with the Ohio river. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

47 ( 8.3 )

47 ( 8.3 )

51 ( 10.6 )

54 ( 12.2 )

59 ( 15.0 )

62 ( 16.7 )

67 ( 19.4 )

72 ( 22.2 )

75 ( 23.9 )

Daily Maximum:

52 ( 11.1 )

52 ( 11.1 )

56 ( 13.3 )

59 ( 15.0 )

65 ( 18.3 )

70 ( 21.1 )

75 ( 23.9 )

79 ( 26.1 )

82 ( 27.8 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

75 ( 23.9 )

71 ( 21.7 )

65 ( 18.3 )

58 ( 14.4 )

47 ( 8.3 )

Daily Maximum:

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

80 ( 26.7 )

76 ( 24.4 )

70 ( 21.1 )

63 ( 17.2 )

52 ( 11.1 )

(D) Hocking river - entire mainstem. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

45 ( 7.2 )

45 ( 7.2 )

51 ( 10.6 )

56 ( 13.3 )

59 ( 15.0 )

65 ( 18.3 )

67 ( 19.4 )

70 ( 21.1 )

74 ( 23.3 )

Daily Maximum:

50 ( 10.0 )

50 ( 10.0 )

56 ( 13.3 )

61 ( 16.1 )

66 ( 18.9 )

70 ( 21.1 )

73 ( 22.8 )

76 ( 24.4 )

80 ( 26.7 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

77 ( 25.0 )

65 ( 18.3 )

62 ( 16.7 )

58 ( 14.4 )

45 ( 7.2 )

Daily Maximum:

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

82 ( 27.8 )

70 ( 21.1 )

67 ( 19.4 )

63 ( 17.2 )

50 ( 10.0 )

(E) Muskingum river - entire mainstem. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

45 ( 7.2 )

45 ( 7.2 )

53 ( 11.7 )

53 ( 11.7 )

58 ( 14.4 )

65 ( 18.3 )

68 ( 20.0 )

72 ( 22.2 )

76 ( 24.4 )

Daily Maximum:

50 ( 10.0 )

50 ( 10.0 )

58 ( 14.4 )

58 ( 14.4 )

63 ( 17.2 )

70 ( 21.1 )

74 ( 23.3 )

77 ( 25.0 )

84 ( 28.9 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

80 ( 26.7 )

73 ( 22.8 )

67 ( 19.4 )

62 ( 16.7 )

47 ( 8.3 )

Daily Maximum:

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

85 ( 29.4 )

77 ( 25.0 )

72 ( 22.2 )

67 ( 19.4 )

52 ( 11.1 )

(F) Mahoning river - Leavitt road dam (river mile 46.1 ) to the Ohio- Pennsylvania state line (river mile 12.6 ). Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

47 ( 8.3 )

47 ( 8.3 )

50 ( 10.0 )

54 ( 12.2 )

59 ( 15.0 )

65 ( 18.3 )

68 ( 20.0 )

73 ( 22.8 )

77 ( 25.0 )

Daily Maximum:

53 ( 11.7 )

53 ( 11.7 )

57 ( 13.9 )

61 ( 16.1 )

65 ( 18.3 )

70 ( 21.1 )

76 ( 24.4 )

79 ( 26.1 )

84 ( 28.9 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

78 ( 25.6 )

73 ( 22.8 )

67 ( 19.4 )

60 ( 15.6 )

51 ( 10.6 )

Daily Maximum:

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

83 ( 28.3 )

77 ( 25.0 )

72 ( 22.2 )

66 ( 18.9 )

55 ( 12.8 )

(G) General lake Erie basin - includes all surface waters of the state within the boundaries of the lake Erie drainage basin, excluding lake Erie and those water bodies as designated in paragraphs (H) to (L) of this table. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

44 ( 6.7 )

44 ( 6.7 )

48 ( 8.9 )

51 ( 10.6 )

54 ( 12.2 )

60 ( 15.6 )

64 ( 17.8 )

66 ( 18.9 )

72 ( 22.2 )

Daily Maximum:

49 ( 9.4 )

49 ( 9.4 )

53 ( 11.7 )

56 ( 13.3 )

61 ( 16.1 )

65 ( 18.3 )

69 ( 20.6 )

72 ( 22.2 )

76 ( 24.4 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

82 ( 27.8 )

82 ( 27.8 )

82 ( 27.8 )

82 ( 27.8 )

75 ( 23.9 )

67 ( 19.4 )

61 ( 16.1 )

54 ( 12.2 )

44 ( 6.7 )

Daily Maximum:

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

80 ( 26.7 )

72 ( 22.2 )

66 ( 18.9 )

59 ( 15.0 )

49 ( 9.4 )

(H) Lake Erie tributary estuaries - includes all lake Erie tributary estuaries within the lake breakwaters and extending upstream to the lake Erie mean high water level. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

-

-

-

-

-

-

-

-

-

Daily Maximum:

52 ( 11.1 )

52 ( 11.1 )

55 ( 12.8 )

55 ( 12.8 )

59 ( 15.0 )

63 ( 17.2 )

66 ( 18.9 )

76 ( 24.4 )

82 ( 27.8 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

84 ( 28.9 )

84 ( 28.9 )

84 ( 28.9 )

84 ( 28.9 )

-

-

-

-

-

Daily Maximum:

88 ( 31.1 )

88 ( 31.1 )

88 ( 31.1 )

88 ( 31.1 )

84 ( 28.9 )

75 ( 23.9 )

70 ( 21.1 )

65 ( 18.3 )

55 ( 12.8 )

(I) Maumee river - Ohio-Indiana state line to Maumee river estuary. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

45 ( 7.2 )

45 ( 7.2 )

47 ( 8.3 )

53 ( 11.7 )

58 ( 14.4 )

61 ( 16.1 )

67 ( 19.4 )

70 ( 21.1 )

75 ( 23.9 )

Daily Maximum:

50 ( 10.0 )

50 ( 10.0 )

52 ( 11.1 )

58 ( 14.4 )

63 ( 17.2 )

68 ( 20.0 )

72 ( 22.2 )

76 ( 24.4 )

80 ( 26.7 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

85 ( 29.4 )

80 ( 26.7 )

71 ( 21.7 )

65 ( 18.3 )

58 ( 14.4 )

45 ( 7.2 )

Daily Maximum:

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

89 ( 31.7 )

85 ( 29.4 )

76 ( 24.4 )

70 ( 21.1 )

63 ( 17.2 )

50 ( 10.0 )

(J) Maumee bay - includes all waters of the state known as Maumee bay including the Maumee river estuary and the estuary portions of all tributaries entering Maumee bay to the lake Erie mean high water level. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

47 ( 8.3 )

47 ( 8.3 )

48 ( 8.9 )

50 ( 10.0 )

52 ( 11.1 )

57 ( 13.9 )

61 ( 16.1 )

65 ( 18.3 )

71 ( 21.7 )

Daily Maximum:

52 ( 11.1 )

52 ( 11.1 )

53 ( 11.7 )

54 ( 12.2 )

59 ( 15.0 )

63 ( 17.2 )

63 ( 18.9 )

76 ( 24.4 )

77 ( 25.0 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

83 ( 29.3 )

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

75 ( 23.9 )

69 ( 20.6 )

64 ( 17.8 )

59 ( 15.0 )

47 ( 8.3 )

Daily Maximum

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

80 ( 26.7 )

74 ( 23.3 )

69 ( 20.6 )

64 ( 17.8 )

52 ( 11.1 )

(K) Sandusky bay - includes all waters of the state known as Sandusky bay including the Sandusky river estuary and the estuary portions of all tributaries entering Sandusky bay to the lake Erie mean high water level. Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

47 ( 8.3 )

47 ( 8.3 )

48 ( 8.9 )

50 ( 10.0 )

52 ( 11.1 )

57 ( 13.9 )

63 ( 17.2 )

68 ( 20.0 )

74 ( 23.3 )

Daily Maximum:

52 ( 11.1 )

52 ( 11.1 )

53 ( 11.7 )

55 ( 12.8 )

57 ( 13.9 )

62 ( 16.7 )

68 ( 20.0 )

73 ( 22.8 )

79 ( 26.1 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

83 ( 28.3 )

75 ( 23.9 )

69 ( 20.6 )

64 ( 17.8 )

59 ( 15.0 )

47 ( 8.3 )

Daily Maximum:

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

87 ( 30.6 )

80 ( 26.7 )

74 ( 23.3 )

69 ( 20.6 )

64 ( 17.8 )

52 ( 11.1 )

(L) Cuyahoga river - headwaters of the Cuyahoga river gorge dam pool (river mile 46.2 ) to the Cuyahoga river ship channel (river mile 5.6 ). Shown as degrees fahrenheit and (celsius).

  

Jan. 1-31

Feb. 1-29

Mar. 1-15

Mar. 16-31

Apr. 1-15

Apr. 16-30

May 1-15

May 16-31

June 1-15

Average:

45 ( 7.2 )

45 ( 7.2 )

51 ( 10.6 )

53 ( 11.7 )

55 ( 12.8 )

60 ( 15.6 )

65 ( 18.3 )

71 ( 21.7 )

80 ( 26.7 )

Daily Maximum:

49 ( 9.4 )

49 ( 9.4 )

55 ( 12.8 )

57 ( 13.9 )

62 ( 16.7 )

66 ( 18.9 )

70 ( 21.1 )

78 ( 25.6 )

84 ( 28.9 )

  

June 16-30

July 1-31

Aug. 1-31

Sept. 1-15

Sept. 16-30

Oct. 1-15

Oct. 16-31

Nov. 1-30

Dec. 1-31

Average:

84 ( 28.9 )

84 ( 28.9 )

84 ( 28.9 )

84 ( 28.9 )

77 ( 25.0 )

70 ( 21.1 )

63 ( 17.2 )

55 ( 12.8 )

45 ( 7.2 )

Daily Maximum

88 ( 31.1 )

88 ( 31.1 )

88 ( 31.1 )

88 ( 31.1 )

82 ( 27.8 )

75 ( 23.9 )

69 ( 20.6 )

64 ( 17.8 )

52 ( 11.1 )

Table 7-15 Biological criteria for warmwater, exceptional warmwater and modified warmwater habitats. Description and derivation of indices and ecoregions are contained in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters" cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. These criteria do not apply to the Ohio river, lakes or lake Erie river mouths.

Index

Modified warmwater habitat

 

Sampling site Ecoregion1

Channel Modif.

Mine Affected

Impounded

Warmwater Habitat

Exceptional Warmwater Habitat

  

(A) Index of biotic integrity (fish)

(1)

Wading sites2

              

HELP

22

--

--

32

50

IP

24

--

--

40

50

EOLP

24

--

--

38

50

WAP

24

24

--

44

50

ECBP

24

--

--

40

50

(2)

Boat sites2

              

HELP

20

--

22

34

48

IP

24

--

30

38

48

EOLP

24

--

30

40

48

WAP

24

24

30

40

48

ECBP

24

--

30

42

48

(3)

Headwater sites3

              

HELP

20

--

--

28

50

IP

24

--

--

40

50

EOLP

24

--

--

40

50

WAP

24

24

--

44

50

ECBP

24

--

--

40

50

(B) Modified index of well-being (fish)4

(1)

Wading sites2

              

HELP

5.6

---

---

7.3

9.4

IP

6.2

---

---

8.1

9.4

EOLP

6.2

---

---

7.9

9.4

WAP

6.2

5.5

---

8.4

9.4

ECBP

6.2

---

---

8.3

9.4

Biological criteria for warmwater, exceptional warmwater and modified warmwater habitats. Description and derivation of indices and ecoregions are contained in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters" cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. These criteria do not apply to the Ohio river, lakes or lake Erie river mouths.

Index

Modified Warmwater Habitat

 

Sampling site Ecoregion1

Channel Modif.

Mine Affected

Impounded

Warmwater Habitat

Exceptional

Warmwater Habitat

  

(2) Boat sites2

              

HELP

5.7

---

5.7

8.6

9.6

IP

5.8

---

6.6

8.7

9.6

EOLP

5.8

---

6.6

8.7

9.6

WAP

5.8

5.4

6.6

8.6

9.6

ECBP

5.8

---

6.6

8.5

9.6

(C) Invertebrate community index (macroinvertebrates)

(1) Artificial substrate samplers2

           

HELP

22

--

--

34

46

IP

22

--

--

30

46

EOLP

22

--

--

34

46

WAP

22

30

--

36

46

ECBP

22

--

--

36

46

  

1HELP = Huron/Erie lake plain ecoregion. IP = interior plateau ecoregion. EOLP = Erie/Ontario lake plain ecoregion. WAP = western Allegheny plateau ecoregion. ECBP = eastern corn belt plains ecoregion.

2Sampling methods descriptions are found in the "Manual of Ohio EPA Surveillance Methods and Quality Assurance Practices," cited in paragraph (B) of rule 3745-1-03 of the Administrative Code.

3Modification of the IBI that applies to sites with drainage areas less than twenty square miles.

4Does not apply to sites with drainage areas less than twenty square miles.

Effective: 1/4/2016
Five Year Review (FYR) Dates: 07/08/2015 and 01/04/2021
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 2/14/1978, 4/4/1985, 8/19/1985, 4/30/1987, 5/1/1990, 4/26/1997, 10/31/1997, 7/31/1998, 7/31/1999, 2/22/2002, 12/30/2002, 3/15/2010

3745-1-07 [Effective 2/6/2017] Beneficial use designations and biological criteria.

[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 3745-1-03 of the Administrative Code.]

[Comment: Statewide water quality criteria designed to protect beneficial uses are in rules 3745-1-04 and 3745-1-33 to 3745-1-37 of the Administrative Code. Chemical specific criteria applicable to lake Erie are contained in rule 3745-1-31 of the Administrative Code. Chemical specific criteria applicable to the Ohio river are contained in rule 3745-1-32 of the Administrative Code. Additional chemical specific criteria may be derived as described in rules 3745-1-40 to 3745-1-43 of the Administrative Code.]

(A) Water quality standards contain two distinct elements: designated uses; and numerical or narrative criteria designed to protect and measure attainment of the uses.

(1) Each water body in the state is assigned one or more aquatic life habitat use designations. Each water body may be assigned one or more water supply use designations and one recreational use designation. These use designations are defined in paragraph (B) of this rule. Water bodies are assigned use designations in rules 3745-1-08 to 3745-1-32 of the Administrative Code. In addition, water bodies are assigned designations as described in paragraphs (B)(1)(a), (B)(1)(c), (B)(3)(a), (B)(4)(a) and (B)(4)(b) of this rule and in the antidegradation rule (rule 3745-1-05 of the Administrative Code).

(2) The most stringent chemical-specific criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Use designations are defined as follows:

(1) Aquatic life habitat.

(a) "Warmwater" - these are waters capable of supporting and maintaining a balanced, integrated, adaptive community of warmwater aquatic organisms having a species composition, diversity, and functional organization comparable to the twenty-fifth percentile of the identified reference sites within each of the following ecoregions: the interior plateau ecoregion, the Erie/Ontario lake plains ecoregion, the western Allegheny plateau ecoregion and the eastern corn belt plains ecoregion. For the Huron/Erie lake plains ecoregion, the comparable species composition, diversity and functional organization are based upon the ninetieth percentile of all sites within the ecoregion. For all ecoregions, the attributes of species composition, diversity and functional organization will be measured using the index of biotic integrity, the modified index of well-being and the invertebrate community index as defined in "Biological Criteria for the Protection of Aquatic Life:

Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters," as cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. In addition to those water body segments designated in rules 3745-1-08 to 3745-1-32 of the Administrative Code, all upground storage reservoirs are designated warmwater habitats. Attainment of this use designation (except for upground storage reservoirs) is based in the criteria in table 7-1 of this rule. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(b) "Limited warmwater" - these are waters that were temporarily designated in the 1978 water quality standards as not meeting specific warmwater habitat criteria. Criteria for the support of this use designation are the same as the criteria for the support of the use designation warmwater habitat. However, individual criteria are varied on a case-by-case basis and supersede the criteria for warmwater habitat where applicable. Any exceptions from warmwater habitat criteria apply only to specific criteria during specified time periods or flow conditions. The adjusted criteria and conditions for specified stream segments are denoted as comments in rules 3745-1-08 to 3745-1-30 of the Administrative Code. Stream segments currently designated limited warmwater habitats will undergo use attainability analyses and will be redesignated other aquatic life habitats. No additional stream segments will be designated limited warmwater habitats.

(c) "Exceptional warmwater" - these are waters capable of supporting and maintaining an exceptional or unusual community of warmwater aquatic organisms having a species composition, diversity, and functional organization comparable to the seventy-fifth percentile of the identified reference sites on a statewide basis. The attributes of species composition, diversity and functional organization will be measured using the index of biotic integrity, the modified index of well-being and the invertebrate community index as defined in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters," as cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. In addition to those water body segments designated in rules 3745-1-08 to 3745-1-32 of the Administrative Code, all lakes and reservoirs, except upground storage reservoirs, are designated exceptional warmwater habitats. Attainment of this use designation (except for lakes and reservoirs) is based on the criteria in table 7-1 of this rule. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(d) "Modified warmwater" - these are waters that have been the subject of a use attainability analysis and have been found to be incapable of supporting and maintaining a balanced, integrated, adaptive community of warmwater organisms due to irretrievable modifications of the physical habitat. Such modifications are of a long lasting duration (i.e., twenty years or longer) and may include the following examples: extensive stream channel modification activities permitted under sections 401 and 404 of the act or Chapter 6131. of the Revised Code, extensive sedimentation resulting from abandoned mine land runoff, and extensive permanent impoundment of free flowing water bodies. The attributes of species composition, diversity and functional organization will be measured using the index of biotic integrity, the modified index of well-being and the invertebrate community index as defined in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters," as cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. Attainment of this use designation is based on the criteria in table 7-1 of this rule. Each water body designated modified warmwater habitat will be listed in the appropriate use designation rule (rules 3745-1-08 to 3745-1-32 of the Administrative Code) and will be identified by ecoregion and type of physical habitat modification as listed in table 7-1 of this rule. The modified warmwater habitat designation can be applied only to those waters that do not attain the warmwater habitat biological criteria in table 7-1 of this rule because of irretrievable modifications of the physical habitat. All water body segments designated modified warmwater habitat will be reviewed on a triennial basis (or sooner) to determine whether the use designation should be changed. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(e) "Seasonal salmonid" - these are rivers, streams and embayments capable of supporting the passage of salmonids from October to May and are water bodies large enough to support recreational fishing. This use will be in effect the months of October to May. Another aquatic life habitat use designation will be enforced the remainder of the year (June to September). A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(f) "Coldwater" - these are waters that meet one or both of the characteristics described in paragraphs (B)(1)(f)(i) and (B)(1)(f)(ii) of this rule. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code.

(i) "Coldwater habitat, inland trout streams" - these are waters which support trout stocking and management under the auspices of the Ohio department of natural resources, division of wildlife, excluding waters in lake run stocking programs, lake or reservoir stocking programs, experimental or trial stocking programs, and put and take programs on waters without, or without the potential restoration of, natural coldwater attributes of temperature and flow. The director shall designate these waters in consultation with the director of the Ohio department of natural resources.

(ii) "Coldwater habitat, native fauna" - these are waters capable of supporting populations of native coldwater fish and associated vertebrate and invertebrate organisms and plants on an annual basis. The director shall designate these waters based upon results of use attainability analyses.

(g) "Limited resource water" - these are waters that have been the subject of a use attainability analysis and have been found to lack the potential for any resemblance of any other aquatic life habitat as determined by the biological criteria in table 7-1 of this rule. The use attainability analysis must demonstrate that the extant fauna is substantially degraded and that the potential for recovery of the fauna to the level characteristic of any other aquatic life habitat is realistically precluded due to natural background conditions or irretrievable human induced conditions. For water bodies in the lake Erie drainage basin, the designation of water bodies as limited resource waters shall include demonstrations that the "Outside Mixing Zone Average" water quality criteria and values and chronic whole effluent toxicity levels are not necessary to protect the designated uses and aquatic life pursuant to rule 3745-1-39 of the Administrative Code. All water body segments designated limited resource water will be reviewed on a triennial basis (or sooner) to determine whether the use designation should be changed. Limited resource waters are also termed nuisance prevention for some water bodies designated in rules 3745-1-08 to 3745-1-30 of the Administrative Code. A temporary variance to the criteria associated with this use designation may be granted as described in paragraph (F) of rule 3745-1-01 of the Administrative Code. Waters designated limited resource water will be assigned one or more of the following causative factors. These causative factors will be listed as comments in rules 3745-1-08 to 3745-1-30 of the Administrative Code.

(i) "Acid mine drainage" - these are surface waters with sustained pH values below 4.1 s.u. or with intermittently acidic conditions combined with severe streambed siltation, and have a demonstrated biological performance below that of the modified warmwater habitat biological criteria.

(ii) "Small drainageway maintenance" - these are highly modified surface water drainageways (usually less than three square miles in drainage area) that do not possess the stream morphology and habitat characteristics necessary to support any other aquatic life habitat use. The potential for habitat improvements must be precluded due to regular stream channel maintenance required for drainage purposes.

(iii) Other specified conditions.

(2) Water supply.

(a) "Public" - these are waters that, with conventional treatment, will be suitable for human intake and meet federal regulations for drinking water. Criteria associated with this use designation apply within five hundred yards of surface water intakes. Although not necessarily included in rules 3745-1-08 to 3745-1-30 of the Administrative Code, the bodies of water with one or more of the following characteristics are designated public water supply:

(i) All publicly owned lakes and reservoirs, with the exception of Piedmont reservoir.

(ii) All privately owned lakes and reservoirs used as a source of public drinking water.

(iii) All surface waters within five hundred yards of an existing public water supply surface water intake.

(iv) All surface waters used as emergency water supplies.

(b) "Agricultural" - these are waters suitable for irrigation and livestock watering without treatment.

(c) "Industrial" - these are waters suitable for commercial and industrial uses, with or without treatment. Criteria for the support of the industrial water supply use designation will vary with the type of industry involved.

(3) Recreation.

These use designations are in effect only during the recreation season, which is the period from May first to October thirty-first. The director may require effluent disinfection, as a term or condition of a national pollutant discharge elimination system (NPDES) permit, administrative findings and orders or a judicial order, during the months outside the recreation season if necessary to protect an unusually high level of water based recreation activity such as, but not limited to, canoeing, kayaking, scuba diving, or sport fishing during spawning runs and, in the normal pursuit of the recreation activity, there is a strong likelihood of exposure to water borne pathogens through ingestion of water or from dermal exposure through fresh cuts or abrasions.

(a) "Bathing waters" - these are waters that, during the recreation season, are heavily used for swimming. The bathing water use applies to all waters in areas where a lifeguard or bathhouse facilities are present, and to any additional water bodies designated bathing waters in rules 3745-1-08 to 3745-1-32 of the Administrative Code.

(b) "Primary contact" - these are waters that, during the recreation season, are suitable for one or more full body contact recreation activities such as, but not limited to, wading, swimming, boating, water skiing, canoeing, kayaking, and scuba diving. All surface waters of the state are designated as primary contact recreation unless otherwise designated as bathing waters or secondary contact recreation.

(c) "Secondary contact" - these are waters that result in minimal exposure potential to water borne pathogens because the waters are: rarely used for water based recreation such as, but not limited to, wading; situated in remote, sparsely populated areas; have restricted access points; and have insufficient depth to provide full body immersion, thereby greatly limiting the potential for water based recreation activities. Waters designated secondary contact recreation are identified in rules 3745-1-08 to 3745-1-30 of the Administrative Code.

(C) Biological criteria.

Biological criteria presented in table 7-1 of this rule provide a direct measure of attainment of the warmwater habitat, exceptional warmwater habitat and modified warmwater habitat aquatic life uses. Biological criteria and the exceptions to chemical specific or whole effluent criteria allowed by this paragraph do not apply to any other use designations.

(1) Demonstrated attainment of the applicable biological criteria in a water body will take precedence over the application of selected chemical specific aquatic life or whole effluent criteria associated with these uses when the director, upon considering appropriately detailed chemical, physical and biological data, finds that one or more chemical specific or whole effluent criteria are inappropriate. In such cases the options which exist include:

(a) The director may develop, or a discharger may provide for the director's approval, a justification for a site specific water quality criterion according to methods described in "Water Quality Standards Handbook, U.S. EPA Office of Water."

(b) The director may proceed with establishing water quality based effluent limits consistent with attainment of the designated use.

(2) Demonstrated nonattainment of the applicable biological criteria in a water body with concomitant evidence that the associated chemical specific aquatic life criteria and whole effluent criteria are met will cause the director to seek and establish, if possible, the cause of the nonattainment of the designated use. The director shall evaluate the existing designated use and, where not attainable, propose to change the designated use. Where the designated use is attainable and the cause of the nonattainment has been established, the director shall, wherever necessary and appropriate, implement regulatory controls or make other recommendations regarding water resource management to restore the designated use. Additional regulatory controls shall not be imposed on point sources that are meeting all applicable chemical specific and whole effluent criteria unless all of the following:

(a) The point sources are shown to be the primary contributing cause of the nonattainment.

(b) The application of additional or alternative treatment or technology can reasonably be expected to lead to attainment of the designated use.

(c) The director has given due consideration to the factors specified in division (J) of section 6111.03 of the Revised Code.

Table 7-1. Biological criteria for warmwater, exceptional warmwater and modified warmwater habitats. Description and derivation of indices and ecoregions are contained in "Biological Criteria for the Protection of Aquatic Life: Volume II, Users Manual for Biological Field Assessment of Ohio Surface Waters" cited in paragraph (B) of rule 3745-1-03 of the Administrative Code. These criteria do not apply to the Ohio river, lakes or lake Erie river mouths.

Index

 

Modified warmwater habitat

Warmwater habitat

Exceptional warmwater habitat

 

Sampling site

Channel modif.

Mine affected

Impounded

   
 

Ecoregion1

         

(A) Index of biotic integrity (fish)

         
 

(1) Wading

         
 

sites2

         
 

HELP

22

   

32

50

 

IP

24

   

40

50

 

EOLP

24

   

38

50

 

WAP

24

24

 

44

50

 

ECBP

24

   

40

50

             
 

(2) Boat sites2

         
 

HELP

20

 

22

34

48

 

IP

24

 

30

38

48

 

EOLP

24

 

30

40

48

 

WAP

24

24

30

40

48

 

ECBP

24

 

30

42

48

             
 

(3) Headwater sites3

         
 

HELP

20

   

28

50

 

IP

24

   

40

50

 

EOLP

24

   

40

50

 

WAP

24

24

 

44

50

 

ECBP

24

   

40

50

             

(B) Modified index of well being (fish)4

         
 

(1) Wading sites2

         
 

HELP

5.6

   

7.3

9.4

 

IP

6.2

   

8.1

9.4

 

EOLP

6.2

   

7.9

9.4

 

WAP

6.2

5.5

 

8.4

9.4

 

ECBP

6.2

   

8.3

9.4

             
 

(2) Boat sites2

         
 

HELP

5.7

 

5.7

8.6

9.6

 

IP

5.8

 

6.6

8.7

9.6

 

EOLP

5.8

 

6.6

8.7

9.6

 

WAP

5.8

5.4

6.6

8.6

9.6

 

ECBP

5.8

 

6.6

8.5

9.6

             

(C) Invertebrate community index (macroinvertebrates)

         
 

(1) Artificial substrate samplers2

         
 

HELP

22

   

34

46

 

IP

22

   

30

46

 

EOLP

22

   

34

46

 

WAP

22

30

 

36

46

 

ECBP

22

   

36

46

1HELP = Huron/Erie lake plain ecoregion. IP = interior plateau ecoregion. EOLP = Erie/Ontario lake plain ecoregion. WAP = western Allegheny plateau ecoregion. ECBP = eastern corn belt plains ecoregion.

2Sampling methods descriptions are found in the "Surface Water Field Sampling Manual (for water quality parameters and flows)," cited in paragraph (B) of rule 3745-1-03 of the Administrative Code.

3Modification of the IBI that applies to sites with drainage areas less than twenty square miles.

4Does not apply to sites with drainage ares less than twenty square miles.

Replaces: Part of 3745-1-07

Effective: 2/6/2017
Five Year Review (FYR) Dates: 02/06/2022
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 2/14/1978, 4/4/1985, 8/19/1985, 4/30/1987, 5/1/1990, 4/26/1997, 10/31/1997, 7/31/1998, 7/31/1999, 2/22/2002, 12/30/2002, 3/15/2010, 1/4/2016

3745-1-08 Hocking river drainage basin.

(A) The water bodies listed in table 8-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of Ohio outlining the water body drainage basins and listing associated rule numbers in Chapter 3745-1 of the Administrative Code. Figure 2 of the appendix to this rule is a generalized map of the Hocking river drainage basin.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards;

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency;

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency; and

L An L in the warmwater habitat column signifies that the water body segment is designated limited warmwater habitat.

Table 8-1. Use designations for water bodies in the Hocking river drainage basin.

See Table at

http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-08_PH_FF_A_RU_20080123_0805.pdf

Appendix

Figure 1. Ohio drainage basins and associated rule numbers in Chapter 3745-1 of the Administrative Code.

Figure 2. Hocking river drainage basin.

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-08_PH_FF_A_APP1_20080123_0805.pdf

Five Year Review (FYR) Dates: 05/28/2015 and 05/28/2020
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 4/4/1985, 8/19/1985, 4/21/1992, 7/31/1998, 7/21/2002, 4/1/2007, 4/23/2008

3745-1-09 [Effective until 1/2/2017] Scioto river drainage basin.

(A) The water bodies listed in table 9-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of the Scioto river drainage basin. A generalized map of Ohio outlining the twenty-three major drainage basins and listing associated rule numbers in Chapter 3745-1 of the Administrative Code is in figure 1 of the appendix to rule 3745-1-08 of the Administrative Code.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards;

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency;

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency; and

L An L in the warmwater habitat column signifies that the water body segment is designated limited warmwater habitat.

Table 9-1. Use designations for water bodies in the Scioto river drainage basin.

See Table at

http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-09_ph_ff_a_ru_20090709_0850.pdf

Appendix

Figure 1. Scioto river drainage basin.

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-09_ph_of_a_app1_20160713_0918.pdf

Effective: 10/09/2009
R.C. 119.032 review dates: 04/29/2009 and 10/09/2014
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 4/4/1985, 8/19/1985, 4/5/1990, 4/21/1992, 9/30/1993, 4/26/1997, 7/31/1998, 7/31/1999, 3/29/2001, 7/21/2002, 8/1/2007, 4/23/2008

3745-1-09 [Effective 1/2/2017] Scioto river drainage basin.

(A) The water bodies listed in table 9-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of the Scioto river drainage basin. A generalized map of Ohio outlining the twenty-three major drainage basins and listing associated rule numbers in this chapter is in figure 1 of the appendix to rule 3745-1-08 of the Administrative Code.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards .

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency .

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency .

Table 9-1. Use designations for water bodies in the Scioto river drainage basin.

Click to view image

Click to view Appendix

Effective: 1/2/2017
Five Year Review (FYR) Dates: 07/13/2016 and 01/02/2022
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 4/4/1985, 8/19/1985, 4/5/1990, 4/21/1992, 9/30/1993, 4/26/1997, 7/31/1998, 7/31/1999, 3/29/2001, 7/21/2002, 8/1/2007, 4/23/2008, 10/9/2009

3745-1-10 [Effective until 1/2/2017] Grand river drainage basin.

(A) The water bodies listed in table 10-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of the Grand river drainage basin. A generalized map of Ohio outlining the twenty-three major drainage basins and listing associated rule numbers in Chapter 3745-1 of the Administrative Code is in figure 1 of the appendix to rule 3745-1-08 of the Administrative Code.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards;

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency;

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency; and

L An L in the warmwater habitat column signifies that the water body segment is designated limited warmwater habitat.

Table 10-1. Use designations for water bodies in the Grand river drainage basin.

Water Body Segment Use Designations Comments
   Aquatic Life Habitat Water Supply Recreation
S W E M S C L P A I B P S
R W W W S W R W W W W C C
W H H H H H W S S S    R R
Marsh creek   *             * *   *    
Mentor creek and Mentor marsh * *             * *   *    
Black brook   *             * *   *    
Heisley creek   *             * *   *    
Grand river - headwaters to downstream of the U.S. rte. 422 upstream crossing (RM 98.5 )         +     * *   *  
- downstream upper crossing of U.S. rte. 422 (RM 98.5 ) to lower crossing of U.S. rte. 422 (RM 95.5 )     +           * *   *    
- U.S. rte. 422 to st. rte. 608 (RM 91.8 )     +           + +   +    
- st. rte. 608 to Fobes rd. (RM 44.7 )   +             + +   +    
- at RM 89.12   +           o + +   +   PWS intake - West Farmington
- Fobes rd. to Harpersfield dam (RM 30.9 )     +           + +   +    
- Harpersfield dam to st. rte. 2 (RM 5.5 )     +   o       + +   +    
- st. rte. 2 to the mouth   *     o       * *   *    
Pebble branch   *             * *   *    
Red creek   *     o       * *   *    
Big creek - headwaters to Girdled rd. (RM 7.1 )   +             + +   +    
- Girdled road to the mouth   +     o       + +   +    
Kellogg creek   +     o       + +   +    
Ellison creek   +     o       + +   +    
Jordan (Gordon) creek           +     + +   +    
East creek           +     + +   +    
Aylworth creek           +     + +   +    
Jenks creek           +     + +   +    
Cutts creek           +     + +   +    
Paine creek - headwaters to Paine falls (RM 2.9 )   +             + +   +    
- Paine falls to the mouth     +   o       + +   +    
Bates creek   *             + +   +    
Phelps creek     +     +     + +   +    
Unnamed tributary (Paine creek RM 7.2 )     +     +     + +   +    
Talcott creek           +     + +   +    
Griswold creek   *             * *   *    
Mill creek - headwaters to Doty rd. (RM 1.5 )         o +     + +   +    
- Doty rd. to the mouth   +     o       + +   +    
Unnamed tributary (Mill creek RM 4.3 )           +     + +   +    
Coffee creek   +             + +   +    
Center creek   *             * *   *    
Mill creek   +             + +   +    
Cemetery creek   +             + +   +    
Griggs creek   *             * *   *    
Askue run   +             + +   +    
Peters creek   +             + +   +    
Bronson creek   +             + +   +    
Trumbull creek - headwaters to Windsor-Mechanicsville rd. (RM 3.4 )         +     + +   +    
- Windsor-Mechanicsville rd. to the mouth   +             + +   +    
Spring creek   +             + +   +    
Three Brothers creek   +             + +   +    
Badger run   *             * *   *    
Rock creek   +             + +   +    
Plum creek   *             * *   *    
Sugar creek   *             * *   *    
Whetstone creek   +             + +   +    
Lebanon creek   +             + +   +    
Shanty creek   *             * *   *    
Snyder ditch (Rock creek RM 15.17 )       +         + +   +   EOLP ecoregion - channel modification
Crooked creek - headwaters to Windsor-Mechanicsville rd. (RM 2.5 )             + +   +    
- Windsor-Mechanicsville rd. to the mouth   +             + +   +    
Mud creek   *             * *   *    
Hoskins creek - headwaters to Hurlburt rd. (RM 2.0 )         +     + +   +    
- Hurlburt rd. to the mouth     +           + +   +    
Indian creek         +     + +   +    
Montville ditch   *             * *   *    
Phelps creek - North branch / South branch confluence (RM 8.62 ) to st. rte. 534 (RM 2.1 )         +     + +   +  
- st. rte. 534 to the mouth   +             + +   +    
North branch   +             + +   +    
South branch   +             + +   +    
Mill creek - South Windsor rd. (RM 4.56 ) to st. rte. 534 (RM 1.78 )         +     + +   +    
- st. rte. 534 to the mouth   +             + +   +    
Garden creek   +             + +   +    
Swine creek - headwaters to Girdle rd. (RM 7.07 )         +     + +   +  
- Girdle rd. to the mouth   +             + +   +    
Grapevine creek   *             * *   *    
Andrews creek   +             + +   +    
Plum creek         +     + +   +    
Coffee creek   *             * *   *    
Baughman creek   +             + +   +    
Center creek   +             + +   +    
Mud run   +             + +   +    
Dead branch   *             * *   *    
McKinley creek   *             * *   *    
Big creek   *             * *   *    

SRW = state resource water; WWH = warmwater habitat; EWH = exceptional warmwater habitat; MWH = modified warmwater habitat; SSH = seasonal salmonid habitat; CWH = coldwater habitat; LRW = limited resource water; PWS = public water supply; AWS = agricultural water supply; IWS = industrial water supply; BW = bathing water; PCR = primary contact recreation; SCR = secondary contact recreation.

Click to view Appendix

Effective: 6/16/2011
R.C. 119.032 review dates: 01/06/2011 and 06/16/2016
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 4/4/1985, 8/19/1985, 4/21/1992, 7/31/1998, 3/29/2001, 7/21/2002, 4/23/2008

3745-1-10 [Effective 1/2/2017] Grand river drainage basin.

(A) The water bodies listed in table 10-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of the Grand river drainage basin. A generalized map of Ohio outlining the twenty-three major drainage basins and listing associated rule numbers in this chapter is in figure 1 of the appendix to rule 3745-1-08 of the Administrative Code.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards .

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency .

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency .

Table 10-1. Use designations for water bodies in the Grand river drainage basin.

Water Body Segment

Use Designations

Comments

  

Aquatic Life Habitat

Water Supply

Recreation

S

R

W

W

W

H

E

W

H

M

W

H

S

S

H

C

W

H

L

R

W

P

W

S

A

W

S

I

W

S

B

W

P

C

R

S

C

R

| | | | | | | |

Marsh creek

  

+

                 

+

+

  

+

     

Mentor creek and Mentor marsh

*

*

                 

*

*

  

*

     

Black brook

  

*

                 

*

*

  

*

     

Heisley creek

  

*

                 

*

*

  

*

     

Grand river - headwaters to downstream of the U.S. rte. 422 upstream crossing (RM 98.5 )

              

+

     

*

*

  

*

     

- downstream upper crossing of U.S. rte. 422 (RM 98.5 ) to lower crossing of U.S. rte. 422 (RM 95.5 )

     

+

              

*

*

  

*

     

- U.S. rte. 422 to st. rte. 608 (RM 91.8 )

     

+

              

+

+

  

+

     

- st. rte. 608 to Fobes rd. (RM 44.7 )

  

+

                 

+

+

  

+

     

- at RM 89.12

  

+

              

o

+

+

  

+

  

PWS intake - West Farmington

- Fobes rd. to Harpersfield dam (RM 30.9 )

     

+

              

+

+

  

+

     

- Harpersfield dam to st. rte. 2 (RM 5.5 )

     

+

  

o

        

+

+

  

+

     

- st. rte. 2 to the mouth

  

*

     

o

        

*

*

  

*

     

Pebble branch

  

*

                 

*

*

  

*

     

Red creek

  

+

     

o

        

+

+

  

+

     

Big creek - headwaters to Girdled rd. (RM 7.1 )

  

+

                 

+

+

  

+

     

- Girdled road to the mouth

  

+

     

o

        

+

+

  

+

     

Kellogg creek

  

+

     

o

        

+

+

  

+

     

| | | | | | | |

Ellison creek

  

+

     

o

        

+

+

  

+

     

Jordan (Gordon) creek

              

+

     

+

+

  

+

     

East creek

              

+

     

+

+

  

+

     

Aylworth creek

              

+

     

+

+

  

+

     

Jenks creek

              

+

     

+

+

  

+

     

Cutts creek

              

+

     

+

+

  

+

     

Paine creek - headwaters to Paine falls (RM 2.9 )

  

+

                 

+

+

  

+

     

- Paine falls to the mouth

     

+

  

o

        

+

+

  

+

     

Bates creek

  

*

                 

+

+

  

+

     

Phelps creek

     

+

     

+

     

+

+

  

+

     

Unnamed tributary (Paine creek RM 7.2 )

     

+

     

+

     

+

+

  

+

     

Talcott creek

              

+

     

+

+

  

+

     

Griswold creek

  

*

                 

*

*

  

*

     

Mill creek - headwaters to Doty rd. (RM 1.5 )

           

o

+

     

+

+

  

+

     

- Doty rd. to the mouth

  

+

     

o

        

+

+

  

+

     

Unnamed tributary (Mill creek RM 4.3 )

              

+

     

+

+

  

+

     

Coffee creek

  

+

                 

+

+

  

+

     

Center creek

  

*

                 

*

*

  

*

     

| | | | | | | |

Mill creek

  

+

                 

+

+

  

+

     

Cemetery creek

  

+

                 

+

+

  

+

     

Griggs creek

  

*

                 

*

*

  

*

     

Askue run

  

+

                 

+

+

  

+

     

Peters creek

  

+

                 

+

+

  

+

     

Bronson creek

  

+

                 

+

+

  

+

     

Trumbull creek - headwaters to Windsor-Mechanicsville rd. (RM 3.4 )

              

+

     

+

+

  

+

     

- Windsor-Mechanicsville rd. to the mouth

  

+

                 

+

+

  

+

     

Spring creek

  

+

                 

+

+

  

+

     

Three Brothers creek

  

+

                 

+

+

  

+

     

Badger run

  

*

                 

*

*

  

*

     

Rock creek

  

+

                 

+

+

  

+

     

Plum creek

  

*

                 

*

*

  

*

     

Sugar creek

  

*

                 

*

*

  

*

     

Whetstone creek

  

+

                 

+

+

  

+

     

Lebanon creek

  

+

                 

+

+

  

+

     

Shanty creek

  

*

                 

*

*

  

*

     

Snyder ditch (Rock creek RM 15.17 )

        

+

           

+

+

  

+

  

EOLP ecoregion - channel modification

| | | | | | | |

Crooked creek - headwaters to Windsor-Mechanicsville rd. (RM 2.5 )

              

+

     

+

+

  

+

     

- Windsor-Mechanicsville rd. to the mouth

  

+

                 

+

+

  

+

     

Mud creek

  

*

                 

*

*

  

*

     

Unnamed tributary (Crooked creek RM 6.5 )

              

+

     

+

+

  

+

     

Hoskins creek - headwaters to Hurlburt rd. (RM 2.0 )

              

+

     

+

+

  

+

     

- Hurlburt rd. to the mouth

     

+

              

+

+

  

+

     

Indian creek

              

+

     

+

+

  

+

     

Unnamed tributary (Hoskins creek RM 2.45 )

              

+

     

+

+

  

+

     

Montville ditch

  

*

                 

*

*

  

*

     

Phelps creek - North branch / South branch confluence (RM 8.62 ) to st. rte. 534 (RM 2.1 )

              

+

     

+

+

  

+

     

- st. rte. 534 to the mouth

  

+

                 

+

+

  

+

     

North branch

  

+

                 

+

+

  

+

     

South branch

  

+

                 

+

+

  

+

     

Mill creek - South Windsor rd. (RM 4.56 ) to st. rte. 534 (RM 1.78 )

              

+

     

+

+

  

+

     

- st. rte. 534 to the mouth

  

+

                 

+

+

  

+

     

Garden creek

  

+

                 

+

+

  

+

     

Swine creek - headwaters to Girdle rd. (RM 7.07 )

              

+

     

+

+

  

+

     

- Girdle rd. to the mouth

  

+

                 

+

+

  

+

     

| | | | | | | |

Grapevine creek

  

*

                 

*

*

  

*

     

Andrews creek

  

+

                 

+

+

  

+

     

Plum creek

              

+

     

+

+

  

+

     

Coffee creek

  

*

                 

*

*

  

*

     

Baughman creek

  

+

                 

+

+

  

+

     

Deacon creek

  

+

                 

+

+

  

+

     

Center creek

  

+

                 

+

+

  

+

     

Mud run

  

+

                 

+

+

  

+

     

Dead branch

  

*

                 

*

*

  

*

     

McKinley creek

  

*

                 

*

*

  

*

     

Big creek

  

*

                 

*

*

  

*

     

SRW = state resource water; WWH = warmwater habitat; EWH = exceptional warmwater habitat; MWH = modified warmwater habitat; SSH = seasonal salmonid habitat; CWH = coldwater habitat; LRW = limited resource water; PWS = public water supply; AWS = agricultural water supply; IWS = industrial water supply; BW = bathing water; PCR = primary contact recreation; SCR = secondary contact recreation.

Click to view Appendix

Effective: 1/2/2017
Five Year Review (FYR) Dates: 07/13/2016 and 01/02/2022
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 4/4/1985, 8/19/1985, 4/21/1992, 7/31/1998, 3/29/2001, 7/21/2002, 4/23/2008, 6/16/2011

3745-1-11 Maumee river drainage basin.

(A) The water bodies listed in table 11-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of the Maumee river drainage basin. A generalized map of Ohio outlining the twenty-three major drainage basins and listing associated rule numbers in Chapter 3745-1 of the Administrative Code is in figure 1 of the appendix to rule 3745-1-08 of the Administrative Code.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards;

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency;

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency; and

L An L in the warmwater habitat column signifies that the water body segment is designated limited warmwater habitat.

Table 11-1. Use designations for water bodies in the Maumee river drainage basin.

See Table at

http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-11_PH_FF_A_RU_20090709_0850.pdf

Appendix

Figure 1. Maumee river drainage basin.

See Figure at

http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-11_PH_FF_A_APP1_20090709_0850.pdf

Effective: 10/09/2009
R.C. 119.032 review dates: 04/29/2009 and 10/09/2014
Promulgated Under: 119.03
Statutory Authority: 6111.041
Rule Amplifies: 6111.041
Prior Effective Dates: 4/4/1985, 8/19/1985, 7/28/1986, 9/20/1988, 9/30/1993, 4/26/1997, 7/31/1999, 3/29/2001, 7/21/2002, 4/1/2007

3745-1-12 Sandusky river drainage basin.

(A) The water bodies listed in table 12-1 of this rule are ordered from downstream to upstream. Tributaries of a water body are indented. The aquatic life habitat, water supply and recreation use designations are defined in rule 3745-1-07 of the Administrative Code. The state resource water use designation is defined in rule 3745-1-05 of the Administrative Code. The most stringent criteria associated with any one of the use designations assigned to a water body will apply to that water body.

(B) Figure 1 of the appendix to this rule is a generalized map of the Sandusky river drainage basin. A generalized map of Ohio outlining the twenty-three major drainage basins and listing associated rule numbers in Chapter 3745-1 of the Administrative Code is in figure 1 of the appendix to rule 3745-1-08 of the Administrative Code.

(C) RM, as used in this rule, stands for river mile and refers to the method used by the Ohio environmental protection agency to identify locations along a water body. Mileage is defined as the lineal distance from the downstream terminus (i.e., mouth) and moving in an upstream direction.

(D) The following symbols are used throughout this rule:

* Designated use based on the 1978 water quality standards;

+ Designated use based on the results of a biological field assessment performed by the Ohio environmental protection agency;

o Designated use based on justification other than the results of a biological field assessment performed by the Ohio environmental protection agency; and

L An L in the warmwater habitat column signifies that the water body segment is designated limited warmwater habitat.

Table 12-1. Use designations for water bodies in the Sandusky river drainage basin.

Water Body Segment Use Designations Comments
   Aquatic Life Habitat Water Supply Recreation
S W E M S C L P A I B P S
R W W W S W R W W W W C C
W H H H H H W S S S    R R
Muddy creek   +             + +   +    
Little Muddy creek   +             + +   +    
Fishing creek   +             + +   +    
Gries ditch   +             + +     +  
North branch   +             * *   *    
South branch   +             * *   *    
Sandusky river - at RMs 18.02, 41.08, 82.9, 83.15 and 115.45   +           o + +   +   PWS intakes - Fremont (RM 18.02 ), Tiffin (RM 41.08 ), Upper Sandusky (RMs 82.9 and 83.15 ), and Bucyrus (RM 115.45 )
- upstream Roger Young memorial park (RM 16.8 ) to Muskellunge creek (RM 9.37 )   +             + +   +    
- Ella st. dam (RM 42.1 ) to RM 19.0 (upstream from Fremont)   +             + +   +    
- RM 45.0 to Ella st. dam (RM 42.1 )       +         + +   +   ECBP ecoregion - impounded
- headwaters to RM 45.0   +             + +   +    
- all other segments   *             * *   *    
Yellow slough   *             * *   *    
                   
                   
Green creek - confluence with Beaver creek (RM 20.4 ) to st. rte. 20 (RM 10.1 )           +     + +   +   Native fauna
- all other segments   +             + +   +    
Flag run   *             * *   *    
                   
Beaver creek - at RM 2.88   +         o + +   +   PWS intake - Clyde
- all other segments   +             + +   +    
Owl creek   *             * *   *    
Emerson creek   +             + +   +    
Royer ditch   +             + +   +    
Westerhouse ditch   +             + +   +    
Albright ditch   *             * *