Chapter 3745-4 Surface Water Monitoring and Assessment

3745-4-01 Purpose and applicability.

(A) It is the purpose of these credible data rules, Chapter 3745-4 of the Administrative Code, to establish criteria for three levels of credible data for a surface water quality monitoring and assessment program established by the director and to establish the necessary training and experience for persons to submit credible data, thereby increasing the information base upon which to enhance, improve and maintain water resource quality in Ohio. Except as provided in paragraph (D) of this rule, persons collecting data and submitting it to Ohio EPA for consideration as credible data must have status as a qualified data collector (QDC) as provided in rule 3745-4-03 of the Administrative Code.

(B) Participation in this program is voluntary except for the requirement under section 6111.54 of the Revised Code that each state agency in possession of surface water quality data shall submit the data to the environmental protection agency in a format designated by the director. State agencies shall submit surface water quality data to Ohio EPA by March thirty-first of each year, beginning in 2007. If surface water quality data submitted by state agencies were collected in accordance with this chapter, the data will be approved as credible.

(C) This chapter establishes requirements for study plan design, sample collection, analytical methods, data assessment, and quality assurance and quality control procedures that are associated with credible data at level 1, level 2 and level 3.

(1) Level 1 data are collected and submitted to Ohio EPA for purposes of public awareness and educational activities. The specifications associated with level 1 data are commensurate with the training and methods associated with established science education programs and volunteer stream and lake monitoring programs.

(2) Level 2 data are collected and submitted to Ohio EPA for the purposes of evaluating the effectiveness of pollution controls for point sources and nonpoint sources and initial screening of water quality problems to determine if additional study is needed. It may also serve the purpose of public awareness and educational activities. The specifications associated with level 2 data are commensurate with a higher degree of training and more rigorous test methods than level 1.

(3) Level 3 is the highest level of credible data that are used for a variety of regulatory purposes specified in section 6111.52 of the Revised Code, and may also serve those purposes associated with level 1 and level 2 data. The specifications associated with level 3 data are commensurate with the training, skills and test methods used by Ohio EPA and by other professional environmental organizations. These high standards are necessary to ensure that level 3 data are of the caliber necessary to make and defend regulatory and management decisions involving surface water resources in Ohio.

(D) Data not requiring collection by a qualified data collector. The data originating from studies and samples collected by Ohio EPA, its contractors, federal environmental agencies including the United States environmental protection agency, and other state environmental agencies shall be considered credible if appropriate test methods and laboratory quality assurance program specifications identified in paragraph (B)(2) of rule 3745-4-04 of the Administrative Code, paragraphs (B)(2) and (B)(3) of rule 3745-4-05 of the Administrative Code, or paragraphs (B)(2) and (B)(3) of rule 3745-4-06 of the Administrative Code were followed. Furthermore, unless the director identifies reasons why the data are not credible, data shall be considered credible for the purposes it was submitted if it meets one or more of the following requirements:

(1) Data were submitted pursuant to the requirements of a permit issued by a state agency; or

(2) Data were submitted pursuant to findings and orders issued by the director; or

(3) Data were submitted pursuant to a court order.

(E) Nothing in this chapter shall be construed as granting approval for the collection of any wildlife without obtaining a wild animal collecting permit from the chief of the division of wildlife, Ohio department of natural resources pursuant to section 1533.08 of the Revised Code and performing the duties specified in section 1533.09 of the Revised Code. The collection of federally listed endangered and threatened species is not authorized by this chapter.

Effective: 03/24/2006

R.C. 119.032 review dates: 03/24/2011

Promulgated Under: 119.03

Statutory Authority: 6111.51

Rule Amplifies: 6111.50, 6111.51, 6111.52, 6111.53, 6111.54, 6111.55, 6111.56

3745-4-02 Definitions.

(A) “Compelling reasons” as to why historical data are credible means that no more recent data exist, or more recent data alone are insufficient to establish water quality, or the director identifies other circumstances supporting the use of the historical data. Historical data shall be evaluated to insure that more recent information does not indicate that the data are not representative of current conditions.

(B) “Credible data” means scientifically valid chemical, physical, or biological water quality monitoring data concerning surface waters, including qualitative scoring of physical habitat characteristics and the sampling of fish, macroinvertebrates, and water quality, that have been collected by or submitted to the director and that comply with the requirements established in this chapter. Credible data may include historical data if the director identifies compelling reasons as to why the data are credible.

(C) “Data quality objectives (DQOs)” means qualitative and quantitative statements derived from the DQO process that clarify study objectives, define the appropriate type of data, and specify tolerable levels of potential decision errors that will be used as the basis for establishing the quality and quantity of data needed to support decisions. The planning process for ensuring environmental data are the type, quality, and quantity needed for decision making is called the DQO process.

(D) “Detection limit” means the lowest concentration of a target analyte that a given method or piece of equipment can reliably ascertain and report as greater than zero.

(E) “Director” means the director of the Ohio environmental protection agency.

(F) “Educational monitoring program” means a surface water quality data collection program designed for education or public awareness purposes and associated with an accredited or school-sponsored science education program. The program must be consistent with national or state science content standards, provide an introduction to basic water quality principles and train participants in the use of field instrumentation, sample collection and preservation, and data recording techniques.

(G) “Federal environmental agency,” as used in this chapter, means an agency of the United States government, or a department, division, or program in an agency of the United States government, whose primary function includes protection, management, study or assessment of the environment, natural resources or ecological systems, including but not limited to:

(1) The United States environmental protection agency;

(2) The United States fish and wildlife service, the national park service, the office of surface mining, and the United States geological survey in the United States department of the interior;

(3) The United States army corps of engineers;

(4) The national oceanic and atmospheric administration in the United States department of commerce;

(5) The environmental management program in the United States department of energy; and

(6) The forest service, the natural resources conservation service, and the agricultural research service in the United States department of agriculture.

(H) “Generic study plan” means a plan for data collection, analysis, and interpretation prepared by the director designed to be used by a QDC in lieu of a project study plan.

(I) “Historical data” means data that are more than five years old.

(J) “Mine affected stream” means a water body with one or more of the following characteristics:

(1) A stream or stream segment identified as being impaired or impacted due to causes and sources related to coal mining;

(2) A stream or stream segment identified in a plan approved under the acid mine drainage abatement and treatment program administered by the Ohio department of natural resources;

(3) A stream or stream segment, not necessarily directly affected by coal mining, but contained within a watershed assessment unit with documented environmental problems related to coal mining; and

(4) Streams or stream segments designated limited resource water (acid mine drainage) or modified warmwater habitat (mine affected) in Chapter 3745-1 of the Administrative Code.

(K) “Ohio EPA” means the Ohio environmental protection agency.

(L) “Project study plan” means a document describing the purpose of the data collection, the parameters or conditions that will be monitored, the methods of data collection and analysis, the identification of monitoring sites, a schedule for data collection and reporting, and how the data will be interpreted and presented.

(M) “Qualified data collection organization (QDCO)” means an organization that meets the requirements established in paragraph (F) of rule 3745-4-03 of the Administrative Code.

(N) “Qualified data collector (QDC)” means an individual who meets the requirements established in paragraph (A) of rule 3745-4-03 of the Administrative Code.

(O) “Qualitative habitat evaluation index (QHEI)” means an assessment methodology of the principal physical and riparian stream habitat features that affect fish communities and other aquatic life.

(P) “State environmental agency,” as used in this chapter, means an agency within the executive branch of the government of the state of Ohio, or a department, division, or program in an agency within the executive branch of the government of the state of Ohio, whose primary function includes protection, management, study or assessment of the environment, natural resources or ecological systems, including but not limited to:

(1) The Ohio environmental protection agency;

(2) The Ohio department of natural resources;

(3) The bureau of environmental health in the division of prevention in the Ohio department of health;

(4) The livestock environmental permitting program in the Ohio department of agriculture;

(5) The bureau of underground storage tank regulations in the state fire marshall division of the Ohio department of commerce; and

(6) The office of environmental services in the Ohio department of transportation.

(Q) “Volunteer monitoring program” means any organized effort to collect surface water quality data using standardized sampling and testing protocols. The program must provide an introduction to basic water quality principles and train participants in the use of field instrumentation, sample collection and preservation, and data recording techniques.

Effective: 03/24/2006

R.C. 119.032 review dates: 03/24/2011

Promulgated Under: 119.03

Statutory Authority: 6111.51

Rule Amplifies: 6111.50, 6111.51, 6111.52, 6111.53, 6111.54, 6111.55, 6111.56

3745-4-03 Qualified data collectors.

(A) Criteria to become a qualified data collector (QDC).

(1) All data submitted to the director for consideration as credible data shall originate from studies and samples collected by, or under the supervision of, a QDC. An individual seeking to become a QDC shall submit an application to the director. The applicant may request status as a QDC for one or more levels and, within level 2 and level 3, the various specialities listed in paragraphs (A)(3) and (A)(4) of this rule. The application shall include such documentary information and evidence as the director deems reasonably necessary to enable the director to determine that the individual meets the qualifications set forth in this rule. The director shall provide application forms and the applicant shall supply information that, at a minimum, meets the criteria in paragraphs (A)(2) to (A)(4) of this rule.

(2) Level 1 application requirements. An individual seeking to become a QDC for level 1 credible data shall submit an application to the director. The applicant must have successfully completed training offered through an acceptable educational monitoring program or an acceptable volunteer monitoring program. The acceptability of a program will be determined based on factors including, but not limited to, the following:

(a) Whether it has an affiliation with a national, state or local organization that actively encourages and supports surface water monitoring;

(b) Whether it has a commitment to maintaining a data collection effort spanning more than one year; and

(c) The quality of training received by participants regarding basic water quality principles, the use of field instrumentation, sample collection and preservation and data recording techniques.

(3) Level 2 application requirements. An individual seeking to become a QDC for level 2 credible data shall submit an application requesting QDC status in one or more of the following specialities and must meet the criteria listed in this paragraph.

(a) Stream habitat assessment. The level 2 QDC applicant must demonstrate that he or she has:

(i) A general knowledge of stream and riverine physical forms and habitat features; and

(ii) Within the last five years, attended training and achieved a passing mark in qualitative habitat evaluation index testing offered by Ohio EPA or a person authorized pursuant to this chapter to provide such training.

(b) Benthic macroinvertebrate biology. The level 2 QDC applicant must demonstrate that he or she has:

(i) A general knowledge of stream and riverine physical forms and habitat features;

(ii) Knowledge of and the ability to accurately use macroinvertebrate taxonomic references and dichotomous keys to identify midwestern aquatic macroinvertebrates to the level of family;

(iii) Within one hundred eighty days prior to submission of a level 2 QDC application, achieved a passing mark in a macroinvertebrate taxonomic identification examination administered by Ohio EPA or a person authorized under this chapter to administer such an examination;

(iv) College-level course credit in aquatic invertebrate zoology or practical experience in the identification of aquatic macroinvertebrates;

(v) Completed and achieved passing marks in undergraduate core course work in limnology, aquatic biology, environmental sciences or a related discipline, or has two years practical experience in environmental assessment work; and

(vi) Two years of practical experience involving work in developing biological water quality sampling and analysis plans, quality assurance plans, and data quality objectives processes.

(i) A general knowledge of stream and riverine physical forms and habitat features;

(ii) Completed and achieved passing marks in undergraduate core course work in a biological, chemical, natural or physical science, or has two years of pertinent laboratory experience performing water quality testing and analysis, or has two years of pertinent experience in chemical water quality data analysis, interpretation and report writing;

(iii) Two years of practical experience involving work in developing chemical water quality sampling and analysis plans, quality assurance plans, and data quality objectives processes; and

(iv) Two years of practical experience involving water quality sampling techniques and water quality sampling equipment.

(4) Level 3 application requirements. An individual seeking to become a QDC for level 3 credible data shall submit an application requesting QDC status in one or more of the following specialities and must meet the criteria listed in this paragraph.

(a) Stream habitat assessment. The level 3 QDC applicant must demonstrate that he or she has:

(i) A general knowledge of stream and riverine physical forms and habitat features; and

(ii) Within the last two years, attended training and achieved a passing mark in the qualitative habitat evaluation index testing offered by Ohio EPA or a person authorized pursuant to this chapter to provide such training.

(b) Fish community biology. The level 3 QDC applicant must demonstrate that he or she has:

(i) A general knowledge of stream and riverine physical forms and habitat features;

(ii) Knowledge of Ohio EPA electrofishing sampling protocols and data assessment procedures;

(iii) Knowledge of and the ability to accurately use fish taxonomic references and dichotomous keys to identify midwestern fish to the level of species;

(iv) Maintained qualifications as an individual certified to conduct fish assessments and habitat assessments as a certified professional in the voluntary action program pursuant to rule 3745-300-05 of the Administrative Code or, within the last two years, attended training and achieved a passing mark in an equivalent training program offered by Ohio EPA or a person authorized under this chapter to administer such training;

(v) College-level course credit in ichthyology or two years experience in the identification of midwestern fish species;

(vi) Completed and achieved passing marks in undergraduate core course work in limnology, aquatic biology, environmental sciences or a related discipline, or has two years practical experience in environmental assessment work;

(vii) Two years of practical experience involving work in developing biological water quality sampling and analysis plans, quality assurance plans, and data quality objectives processes; and

(viii) Two years practical experience in using electrofishing sampling techniques.

(i) A general knowledge of stream and riverine physical forms and habitat features;

(ii) Knowledge of Ohio EPA macroinvertebrate field sampling, laboratory analysis, and data assessment procedures;

(iii) Knowledge of and the ability to accurately use macroinvertebrate taxonomic references and dichotomous keys to identify midwestern aquatic macroinvertebrates to the level of taxonomy used by Ohio EPA;

(iv) Maintained qualifications as an individual certified to conduct macroinvertebrate assessments as a certified professional in the voluntary action program pursuant to rule 3745-300-05 of the Administrative Code or, within the last two years, attended training and achieved a passing mark in an equivalent training program offered by Ohio EPA or a person authorized under this chapter to administer such training;

(v) College-level course credit in aquatic invertebrate zoology or two years practical experience in the identification of aquatic macroinvertebrates;

(vii) Two years of practical experience involving work in developing biological water quality sampling and analysis plans, quality assurance plans, and data quality objectives processes.

(d) Chemical water quality assessment. The level 3 QDC applicant must demonstrate that he or she has:

(i) A general knowledge of stream and riverine physical forms and habitat features;

(ii) Completed and achieved passing marks in undergraduate core course work in a biological, microbiological, chemical, natural or physical science, or has four years of pertinent laboratory experience performing water quality testing and analysis, or has four years of pertinent experience in chemical water quality data analysis, interpretation and report writing;

(iii) Two years of practical experience involving work in developing microbiological or chemical water quality sampling and analysis plans, quality assurance plans, and data quality objectives processes; and

(iv) Two years of practical experience involving water quality sampling techniques and water quality sampling equipment.

(B) Process for initial approval as a QDC.

(1) An applicant seeking to become a QDC must submit to the director a complete and current application on forms provided by the director. The application shall include documentation demonstrating that the applicant meets the minimum qualifications listed in paragraph (A) of this rule. The director may require the applicant to furnish additional documentation pertaining to the application.

(2) The applicant must submit copies of official transcripts from the appropriate educational institution and official training certifications to verify that the applicant meets the educational and training requirements set forth in paragraph (A) of this rule.

(3) The applicant shall certify that all information submitted in support of the application is true, accurate, and complete and that the applicant has not been convicted of or pleaded guilty to a violation of section 2911.21 of the Revised Code (criminal trespass) or a substantially similar municipal ordinance within the previous five years. Failure to include the certification shall render the application incomplete.

(4) Ohio EPA will conduct a completeness review of the application within thirty days of receipt and will notify the applicant in the event the application is incomplete. Ohio EPA will not consider an incomplete application and will notify the applicant of the reasons the application is incomplete and of any additional information required for further consideration.

(5) Within thirty days of Ohio EPA’s determination that an application is complete, the director will either approve or deny the application by sending a letter to the applicant. If the director denies the application, the director will identify the deficiencies upon which the denial of the application is based.

(1) Status as level 1 QDC does not expire and a renewal application is not required.

(2) Status as a level 2 QDC automatically expires five years after the date of approval of the application unless the approval has been renewed.

(3) Status as a level 3 QDC automatically expires two years after the date of approval of the application unless the approval has been renewed.

(4) An applicant seeking renewal of his or her status as a level 2 or level 3 QDC shall submit to the director a renewal application prior to the date of expiration of his or her status as a level 2 or level 3 QDC.

(a) Renewal application and requirements.

(i) Renewal applications shall be on forms for that purpose available from Ohio EPA.

(ii) The renewal application shall provide a means to re-submit the original application, if appropriate, or to update and amend the original application as necessary.

(iii) Ohio EPA will approve or deny the renewal application in accordance with the procedures set forth in paragraphs (B)(4) and (B)(5) of this rule.

(iv) Renewal of level 2 QDC status is contingent upon the applicant’s demonstration of active participation (in that specialty) in the credible data water quality monitoring program within the last five years.

(v) Renewal of level 3 QDC status is contingent upon the applicant’s demonstration of active participation (at that level and in that specialty) in the credible data water quality monitoring program within the prior two years.

(b) Renewal grace period.

(i) A QDC with expired level 2 status may submit a renewal application for a period of one year after the expiration date.

(ii) A QDC with expired level 3 status may submit a renewal application for a period of three months after the expiration date.

(iii) A QDC with expired status may submit data if the project was initiated prior to the expiration date, providing the QDC submits an approvable renewal application within the time periods indicated by paragraph (C)(4) of this rule.

(iv) A QDC with a lapsed status extending beyond these time periods must submit a full application as specified in paragraph (B) of this rule.

(D) Process for revocation of status as a QDC.

(1) The director may revoke an individual’s status as a QDC upon finding that the QDC has:

(a) Fraudulently obtained or attempted to obtain QDC status or renewal thereof; or

(b) Knowingly or negligently submitted misleading, inaccurate, or false data to Ohio EPA; or

(c) Consistently failed to attain the necessary standards for study design, field collection methods, laboratory techniques, or quality assurance and quality control procedures for the collection of credible data under this chapter.

(2) Upon making a finding under paragraph (D)(1) of this rule, the director shall first issue a proposed action revoking QDC status in accordance with Chapter 3745-47 of the Administrative Code.

(3) The director shall notify the QDC of a proposed action under paragraph (D)(2) of this rule. The notice shall be by certified mail and shall set forth the action proposed by the director, the proposed effective date thereof, the reason therefor, the length of time the proposed action shall be applied, and the procedure for appealing the action.

(4) Revocation of QDC status shall state a period during which the individual shall not apply for such status. After the period of ineligibility has expired, the former QDC may apply for status as a QDC under this chapter.

(E) Authorizing QDCs to train others to become QDCs.

(1) The director may authorize individuals who have been approved as QDCs pursuant to paragraphs (A) and (B) of this rule and who meet the qualifications in paragraph (E) of this rule to train others to become QDCs.

(2) An individual seeking to become a QDC trainer for level 1 credible data shall include with the application referenced in paragraph (A) of this rule additional documentation demonstrating that:

(a) The individual has successfully completed training offered through an educational monitoring program or a volunteer monitoring program designed specifically for teaching the technical and leadership skills to group leader candidates; and

(b) The individual has credentials establishing that he or she is a qualified instructor in an organization that operates or participates in an educational monitoring program or a volunteer monitoring program.

(3) An individual seeking to become a QDC trainer for level 2 or level 3 credible data shall include with the application referenced in paragraph (A) of this rule additional documentation demonstrating that:

(a) The individual has credentials establishing that he or she is a qualified instructor in a secondary or post-secondary educational institution or an adult education program, or has two years of experience in providing classroom and field training in water quality monitoring;

(b) The individual has credentials indicating that he or she has completed college-level course credit in subjects closely related to the training subject matter (e.g., fisheries, aquatic macroinvertrates, or water chemistry); and

(c) The individual has a specific course outline for the training and, if examination is required, examination protocols and sample examination questions.

(F) Organizations engaged in data collection and data interpretation.

(1) The director may grant status as a qualified data collection organization (QDCO) to professionally staffed organizations such as academic institutions, governmental departments, environmental consulting firms and not-for-profit groups that are actively engaged in the collection and interpretation of surface water data in Ohio if the following conditions are met:

(a) The entity submits a request to the director for status as a qualified data collection organization;

(b) The organization adheres to commonly accepted quality management practices, operates using written standard operating procedures, and, if a level 2 or level 3 organization, has implemented a quality assurance program consistent with the applicable guidelines found in paragraph (B)(3) of rule 3745-4-05 of the Administrative Code or paragraph (B)(3) of rule 3745-4-06 of the Administrative Code;

(c) The organization meets or exceeds the following minimum number of personnel on staff (paid or volunteer) with QDC status to administer its programs:

(i) Level 1 organization. One level 1 QDC for every ten non-QDC volunteers collecting data;

(ii) Level 2 organization. One level 2 QDC for every five non-QDC volunteers collecting data and at least three staff, consisting of one level 2 stream habitat assessment QDC, one level 2 benthic macroinvertebrate biology QDC and one level 2 chemical water quality assessment QDC;

(iii) Level 3 organization engaged only in the collection of chemical and physical data (e.g., data used for establishing a total maximum daily load). At least three staff with status as level 3 chemical water quality assessment QDC; or

(iv) Level 3 organization engaged in the collection of biological assessment data. At least three staff, consisting of one level 3 fish community biology QDC, one level 3 benthic macroinvertebrate biology QDC and one level 3 chemical water quality assessment QDC; and

(d) If the organization collects and assesses biological data at level 2 or level 3, the organization must have a satisfactory performance rating, as determined by the director, in the following critical technical elements of an effective bioassessment program:

(i) The use of appropriate temporal and spatial coverage in sampling;

(ii) The use of proper sample collection methods and sample processing techniques;

(iii) The use of a natural classification system and a regional reference condition in the interpretation of results;

(iv) The use of sound criteria to select regional reference sites;

(v) The use of appropriate indicator organism assemblages, ecological attributes, and biological endpoints or thresholds in the interpretation of results;

(vi) The ability to properly diagnose water quality problems; and

(vii) The practice of professional review and documentation of results.

(2) The director may revoke an organization’s status as a qualified data collection organization in accordance with the procedures in paragraph (D) of this rule upon finding that the organization has:

(a) Fraudulently obtained or attempted to obtain QDCO status or renewal thereof; or

(b) Knowingly or negligently submitted misleading, inaccurate, or false data to Ohio EPA; or

(d) Failed to continuously meet any of the requirements for QDCO status set forth in paragraph (F)(1) of this rule after being granted QDCO status.

Effective: 03/24/2006

R.C. 119.032 review dates: 03/24/2011

Promulgated Under: 119.03

Statutory Authority: 6111.51, 6111.53

Rule Amplifies: 6111.50, 6111.51, 6111.52, 6111.53, 6111.54, 6111.55, 6111.56

3745-4-04 Level 1 data requirements and reporting.

(A) Except as provided by paragraph (D) of rule 3745-4-01 of the Administrative Code, all data submitted to the director for consideration as level 1 credible data shall be collected and submitted by level 1, level 2 or level 3 qualified data collectors (QDCs) approved by the director pursuant to rule 3745-4-03 of the Administrative Code. The director shall accept the data as level 1 credible data provided the requirements of this rule are met. The director shall have sole authority in determining whether data meet these requirements. Data reporting shall be in a format consistent with the requirements listed in this rule. Data submitted by a QDC determined to meet these requirements shall be included in a computerized database maintained by Ohio EPA and made available for sharing with other agencies and interested persons.

(B) Data submitted by a QDC must meet the requirements in this paragraph to be accepted as level 1 credible data.

(1) Adherence to a study plan. Persons submitting data to Ohio EPA as a QDC under section 6111.53 of the Revised Code must prepare and adhere to a project study plan or, alternatively, use a generic study plan as described in this paragraph.

(a) The QDC shall prepare and submit to the director for approval a project study plan using educational monitoring program guidance materials, volunteer monitoring program guidance materials, or other valid resources. Upon completion of the plan review, the director shall send written notification of deficiencies in the plan, if any are found, to the QDC thereby disapproving the plan for use in the credible data program. A plan submitted by a QDC or a qualified data collection organization not disapproved within sixty days shall be considered to have been approved. The director will disapprove a site-specific plan that does not include the certification in paragraph (B)(3)(d) of this rule.

(b) Generic study plan. The director may from time to time make available generic study plans suitable for certain project objectives and utilizing appropriate methods. After such time that a generic study plan is available, the QDC may elect to collect data using the generic study plan. The QDC is encouraged to send written notification to the director of his or her intent to follow the generic study plan. The director may ask the QDC to supply additional pertinent project specific information on a form provided by Ohio EPA. However, the QDC may submit credible data to the director in accordance with a generic study plan without prior notification or approval from the director.

(2) Use of appropriate test methods. In preparing the project study plan, the QDC shall be responsible for selecting the appropriate field and laboratory methods, including quality assurance/quality control steps, that fit the objectives and purpose of the data collection project. All methods should be commensurate with the purposes of level 1 and the need for sufficient rigor and sensitivity to detect relatively large differences in water quality over time or from sampling site to sampling site. The QDC may select from parameters and test methods published by the director pursuant to paragraph (C) of this rule or similar parameters and test methods recommended by an educational or volunteer monitoring program or reported in the scientific literature.

(3) Data reporting. QDCs choosing to submit their data to Ohio EPA must submit all collected data. Submission of data may be done at any time, but must be done no later than one year after completion of the study identified in the project study plan. For ongoing sampling programs, data submission should begin no later than one year after the initial phase of study identified in the project study plan. Additional data reporting requirements are:

(a) A paper copy of all sample data on forms used by the educational monitoring program or volunteer monitoring program. In lieu of a paper copy, data may be submitted electronically in a format mutually acceptable to the QDC and the director;

(b) Submission of documentation of the person’s status as a level 1 QDC;

(c) A statement attesting that, to the best of the QDC’s knowledge and belief, the data were collected in accordance with the procedures required by the approved project study plan, generic study plan, or generic plan component; and

(d) A certification from the QDC submitting the data that the persons who collected the data have not been convicted of or pleaded guilty to a violation of section 2911.21 of the Revised Code (criminal trespass) or a substantially similar municipal ordinance within the previous five years.

(4) Data approval process. The director shall review data submissions to verify that they were submitted by a QDC, that appropriate test methods and quality control/quality assurance practices were used, and that the data reporting requirements are complete. The review will ensure that all components of the plan for the collection of data were followed. If substantial discrepancies are found, the director may decide not to approve the data. The director will provide written notification to the person submitting the data as to whether the data have been approved and at what level the data qualify as credible data.

The director from time to time shall publish examples of appropriate level 1 test methods for commonly sampled parameters. Appendix A of this rule is the published list of such examples as of the effective date of this rule.

Appendix A

See Appendix A at http://www.registerofohio.state.oh.us/pdfs/3745/0/4/3745-4-04_PH_FF_N_APP1_20060310_0811.pdf

Effective: 03/24/2006

R.C. 119.032 review dates: 03/24/2011

Promulgated Under: 119.03

Statutory Authority: 6111.51

Rule Amplifies: 6111.50, 6111.51, 6111.52, 6111.53, 6111.54, 6111.55, 6111.56

3745-4-05 Level 2 data requirements and reporting.

(A) Except as provided by paragraph (D) of rule 3745-4-01 of the Administrative Code, all data submitted to the director for consideration as level 2 credible data shall be collected and submitted by level 2 or level 3 qualified data collectors (QDCs) approved by the director pursuant to rule 3745-4-03 of the Administrative Code. The director shall accept the data as level 2 credible data provided the requirements of this rule are met. The director shall have sole authority in determining whether data meet these requirements. Data reporting shall be in a format consistent with the requirements listed in this rule. Data submitted by a QDC determined to meet these requirements shall be included in a computerized database maintained by Ohio EPA and made available for sharing with other agencies and interested persons.

(B) Data submitted by a QDC must meet the requirements in this paragraph to be accepted as level 2 credible data.

(a) The QDC shall prepare and submit to the director for approval a project study plan using the guidelines presented in appendix A of this rule. Upon completion of the plan review, the director shall send written notification of deficiencies in the plan, if any are found, to the QDC thereby disapproving the plan for use in the credible data program. A plan submitted by a QDC or qualified data collection organization (level 2 or level 3) not disapproved within sixty days shall be considered to have been approved. The director will disapprove a site-specific plan that does not include the certification in paragraph (B)(4)(f) of this rule.

(b) Generic study plan. The director may from time to time make available generic study plans suitable for certain project objectives and utilizing appropriate methods. After such time that a generic study plan is available, the QDC may elect to collect data using the generic study plan appropriate to the data quality objectives for the specific study. The level 2 QDC shall submit to the director a notification of the level 2 QDC’s intent to utilize a generic plan or generic plan component under this paragraph. The QDC is encouraged to submit the notification to the director at least ninety days prior to the first anticipated sampling activity. The QDC may submit credible data to the director in accordance with a generic study plan without prior approval from the director.

[Comment: QDCs are encouraged to submit notification of intent to use generic study plans at least ninety days prior to sample collection to allow time for consultation with Ohio EPA. The objective of the consultation is to ensure that Ohio EPA and the QDC agree that the generic study plan is suitable for the project and the stated data quality objectives, thereby allowing the data generated to be deemed credible at the level intended by the QDC.]

(2) Use of appropriate test methods. In preparing the project study plan, the QDC shall be responsible for selecting the appropriate field and laboratory methods, including quality assurance and quality control steps, that fit the objectives and purpose of the project. All methods should be commensurate with the purposes of level 2 and the need for sufficient rigor and sensitivity to detect relatively small differences in water quality over time or from sampling site to sampling site. The QDC may select from parameters and test methods published by the director pursuant to paragraph (C) of this rule or similar methods published in the scientific literature. Explicit approval of the specific methods employed shall occur when Ohio EPA reviews project study plans or whenever Ohio EPA makes available a generic study plan.

(3) All laboratories that perform analysis under a level 2 study plan must implement a quality assurance program and must document all elements of the program in a quality assurance manual (QAM) or quality assurance plan (QAP). Guidelines for the elements that should be addressed in the QAM or QAP are presented in appendix B of this rule.

(4) Data reporting. QDCs choosing to submit their data to Ohio EPA must submit all collected data. Submission of data may be done at any time, but must be done no later than one year after completion of the study identified in the project study plan. For ongoing sampling programs, data submission should begin no later than one year after the initial phase of study identified in the project study plan. Additional data reporting requirements are:

(a) Wherever possible, a paper copy of all sample data shall be on forms made available by the director, but may be submitted on forms developed for the project. In lieu of a paper copy, data may be submitted electronically in a format mutually acceptable to the QDC and the director;

(b) Submission of documentation demonstrating adherence to an approved project study plan, generic study plan, or generic plan component;

(c) Copies of the results from all quality assurance and quality control samples collected during implementation of the approved project study plan, generic study plan, or generic plan component;

(d) Documentation of the person’s status as a level 2 or level 3 QDC;

(e) A statement attesting that, to the best of the QDC’s knowledge and belief, the data were collected in accordance with the procedures required by the approved project study plan, generic study plan, or generic plan component; and

(f) A certification that the persons conducting data collection have not been convicted of or pleaded guilty to a violation of section 2911.21 of the Revised Code (criminal trespass) or a substantially similar municipal ordinance within the previous five years.

(5) Reporting laboratory quality assurance and quality control plans. In addition to the information required by paragraph (B)(4) of this rule, the QDC, upon request of the director, shall provide quality assurance and quality control documentation for all laboratories that were used to analyze any data collected pursuant to the approved project study plan, generic study plan, or generic plan component. The QDC is responsible for providing this documentation in the form of a laboratory QAP that meets the content guidelines presented in appendix B of this rule.

(6) Data approval process. The director shall review data submissions to verify that they were submitted by a QDC, that appropriate test methods and quality control quality assurance practices were used, and that the data reporting requirements are complete. The review will ensure that all components of the plan for the collection of data were followed. If substantial discrepancies are found, the director may decide not to approve the data. The director will provide written notification to the person submitting the data as to whether the data have been approved and at what level the data qualify as credible data.

The director from time to time shall publish examples of acceptable level 2 analytical methods for commonly sampled parameters. Appendix C is the published list of such examples as of the effective date of this rule.

Appendix A Guidelines for the preparation of level 2 project study plans.

Persons preparing level 2 project study plans for the credible data surface water quality monitoring program should consult the following set of guidelines to ensure the adequacy of the project study plan. The director may conclude that the project study plan is deficient if the information requested on this list is missing and there is no other comparable justification for the technical and scientific adequacy of the project study plan.

(1) The name and contact information (affiliation, address, electronic mail address, and phone number) for the qualified data collector designated as the project leader;

(2) If applicable, the names of other persons expected to assist with sample collection, sample analysis, and data entry, including the individuals’ status as qualified data collectors;

(3) If persons who are not level 2 or level 3 qualified data collectors are expected to assist with sample collection, sample analysis, or data entry, the plan must include detailed procedures for the supervision of those persons who are not level 2 or level 3 qualified data collectors;

(4) A clear statement of the objectives of the planned sampling activities, including data quality objectives, a precise delineation of the study area, and the general types of data to be collected (e.g., chemical water quality, stream habitat, stream flow, biological);

(5) A detailed description and map of the overall sampling area, including proposed sampling locations and the spacial relationship to specific point and nonpoint source issues (when applicable) that will be evaluated, and discussion of other factors that may influence water quality conditions within the study area;

(6) A list of the sampling equipment to be used, including model numbers and manufacturers of field meters and probes and flow current meters;

(7) A specific list of all parameters to be sampled and analyzed at each sampling location;

(8) Identification of field collection and data assessment techniques for stream habitat and macroinvertebrate sampling and, for all chemical parameters sampled, identification of the sample collection methods, the field or laboratory analytical methods used, and the detection limits;

(9) For all stream flow measurements, identification of the methods used;

(10) A schedule of planned sampling activities, including the anticipated beginning and ending dates for sampling or alternatively, for ongoing sampling programs, the beginning and ending dates for the initial phase of sampling;

(11) Documentation that all project personnel identified as qualified data collectors have successfully demonstrated their qualifications and been approved by the director as level 2 or level 3 qualified data collectors in accordance with rule 3745-4-03 of the Administrative Code;

(12) If a laboratory will be used for chemical or biological analyses, identify the laboratory and provide a contact name, address, electronic mail address, and phone number for the contact and all laboratory accreditations;

(13) If applicable, a copy of an approved scientific collector’s permit issued by the Ohio department of natural resources, division of wildlife;

(14) A statement attesting that the qualified data collector acting as the lead project manager will maintain and make available to the director, for each sampling location, the name of the water body sampled, sampling location latitude and longitude, sampling location river mile where possible or practicable, general location information, the U.S. geological survey 7.5 minute quadrangle map name, and the purpose for data collection at each sampling location;

(15) A statement attesting that the qualified data collectors will maintain and make available to the director a digital photo catalog of all sampling locations, including photos of the specific sampling location, riparian zone adjacent to the sampling location, and general land use in the immediate vicinity of the sampling location;

(16) A statement attesting that the qualified data collector acting as the lead project manager will provide to the director upon request ten voucher specimens of each identified taxonomic family of macroinvertebrates that are collected at sampling locations. All voucher materials shall be kept for at least ten years; and

(17) A certification from each qualified data collector working on the project attesting that he or she has not been convicted of or pleaded guilty to a violation of section 2911.21 of the Revised Code (criminal trespass) or a substantially similar municipal ordinance within the previous five years.

Appendix B Guidelines for laboratory quality assurance plans.

All laboratories that perform analysis under a level 2 study plan shall implement a quality assurance program and shall document all elements of the program in a quality assurance manual (QAM) or quality assurance plan (QAP). The elements covered in the QAM or QAP should, at a minimum, include the items listed in this appendix.

(1) Title page with authorization signatures and dates.

(2) Table of contents.

(3) Statement of quality assurance policy.

(4) Laboratory organization and responsibility, including:

(a) Organizational tables;

(b) Position descriptions for all personnel; and

(5) Data quality objectives for accuracy, precision, and reporting limits for each test, target analyte, and sample matrix.

(6) Analytical methods variances.

(7) Laboratory equipment and instrument lists.

(8) Sample receipt and chain-of-custody procedures. This section should include procedures for:

(a) Receiving samples;

(b) Sample login;

(d) Sample storage;

(e) Sample tracking; and

(f) Sample disposal.

(9) Laboratory standard operating procedures (SOPs) with dates of last revision. This section should include procedures for:

(a) Glassware preparation;

(b) Sample preparation;

(d) Sample analysis; and

(e) A description of quality control procedures that are required and followed for each method.

(10) Calibration procedures. This section should describe:

(a) The type of calibration used for each method;

(b) The criteria for acceptance or verification; and

(11) Preventive maintenance and documentation. This section should describe:

(a) The location of instrument manuals; and

(b) The schedules for performance of routine equipment maintenance;

(12) Internal quality control checks, frequency, and criteria for acceptability. This section may reference laboratory SOPs, and should include the frequency and acceptability of method detection limit (MDL) calculations.

(13) Data reduction, review, and reporting. This section could include discussion of the process used to do data assessment, evaluation of data completeness, comparability, and trends.

(14) Standard corrective action procedures for quality control failures.

(15) External and internal audits, accreditations, and certifications. This section should list all laboratory accreditations and or certifications, and participation in inter and intra laboratory studies.

(16) Document retention and control. In this section, the lab should discuss its document retention schedule, storage, and retrieval procedures, including procedures for review and approval of revised lab documents (i.e., QAP and SOPs).

(17) Procedures for procurement and process control. This section should describe the laboratory’s policy and procedures for the selection and purchasing of equipment and supplies it uses that affect the quality of the environmental tests and calibrations.

Appendix C to rule 3745-4-05 of the Administrative Code.

Some examples of acceptable analytical methods for level 1 and level 2 credible data.

See Appendix C at http://www.registerofohio.state.oh.us/pdfs/3745/0/4/3745-4-05_PH_FF_N_APP1_20060310_0811.pdf

Effective: 03/24/2006

R.C. 119.032 review dates: 03/24/2011

Promulgated Under: 119.03

Statutory Authority: 6111.51

Rule Amplifies: 6111.50, 6111.51, 6111.52, 6111.53, 6111.54, 6111.55, 6111.56

3745-4-06 Level 3 data requirements and reporting.

(A) Except as provided by paragraph (D) of rule 3745-4-01 of the Administrative Code, all data submitted to the director for consideration as level 3 credible data shall be collected and submitted by level 3 qualified data collectors (QDCs) approved by the director pursuant to rule 3745-4-03 of the Administrative Code. The director shall accept the data as level 3 credible data provided the requirements of this rule are met. The director shall have sole authority in determining whether data meet these requirements. Data reporting shall be in a format consistent with the requirements listed in this rule. Data submitted by a QDC determined to meet these requirements shall be included in a computerized database maintained by Ohio EPA and made available for sharing with other agencies and interested persons.

(B) Data submitted by a QDC must meet the following minimum requirements to be accepted as level 3 credible data.

(a) The QDC shall prepare and submit to the director for approval a project study plan using the guidelines presented in appendix A of this rule. Upon completion of the plan review, the director shall send written notification of deficiencies in the plan, if any are found, to the QDC thereby disapproving the plan for use in the credible data program. A plan submitted by a level 3 QDC or qualified data collection organization not disapproved within sixty days shall be considered to have been approved. The director will disapprove a site-specific plan that does not include the certification statement in paragraph (B)(4)(f) of this rule.

(b) Generic study plan. The director may from time to time make available generic study plans suitable for certain project objectives and utilizing appropriate methods. After such time that a generic study plan is available, the QDC may elect to collect data using the generic study plan appropriate to the data quality objectives for the specific study. The level 3 QDC shall submit to the director a notification of the level 3 QDC’s intent to utilize a generic plan or generic plan component under this paragraph. The QDC is encouraged to submit the notification to the director at least ninety days prior to the first anticipated sampling activity. The QDC may submit credible data to the director in accordance with a generic plan without prior approval from the director.

(2) Use of appropriate test methods. In preparing the project study plan, the QDC shall be responsible for selecting the appropriate field and laboratory methods, including quality assurance and quality control steps, that fit the objectives and purpose of the project. All methods should be commensurate with the purposes of level 3 and the need for sufficient rigor and sensitivity to detect relatively small differences in water quality over time or from sampling site to sampling site. The expectation and ability to utilize level 3 credible data in certain regulatory functions of Ohio EPA give rise to the requirement that all test methods for level 3 credible data be from one of the publications listed in paragraph (C) of this rule. Explicit approval of the specific methods employed in the study shall occur when Ohio EPA reviews project study plans or whenever Ohio EPA makes available a generic study plan.

(3) All laboratories that perform analysis under a level 3 study plan must be accredited, participate in annual proficiency testing, and implement a quality assurance program as described in this paragraph.

(a) The QDC is responsible for ensuring that the laboratories used in generating level 3 credible data have current accreditations from one or more of the following organizations: United States environmental protection agency; Ohio EPA voluntary action program; national environmental laboratory accreditation program; American industrial hygiene association; international organization for standardization; or other governmental or private accrediting authorities that apply accreditation standards consistent with and equivalent to the organizations listed in this paragraph.

(b) Laboratories analyzing level 3 data are required to participate in annual proficiency testing (PT) studies administered by providers that are accredited by the national institute of standards and technology (NIST) national voluntary laboratory accreditation program (NVLAP). The analyte list should encompass all parameters for which the laboratory analyzes level 3 data. Laboratories may limit the scope of PT studies to those analytes that are readily available from the NIST NVLAP accredited providers.

(c) Laboratories analyzing level 3 data are required to implement a quality assurance program and document all elements of the program in a quality assurance manual (QAM) or quality assurance plan (QAP). Guidelines for these elements are presented in appendix B of this rule.

(b) Submission of documentation demonstrating adherence to an approved project study plan, generic study plan, or generic plan component;

(c) Copies of the results from all quality assurance and quality control samples collected during implementation of the approved project study plan, generic study plan, or generic plan component;

(d) Documentation of the person’s status as a level 3 QDC;

(e) A certification that, to the best of the QDC’s knowledge and belief, the data were collected in accordance with the procedures required by the approved project study plan, generic study plan, or generic plan component; and

(5) Reporting laboratory quality assurance and quality control plans. In addition to the information required by paragraph (B)(4) of this rule, the QDC, upon request of the director, shall provide quality assurance and quality control documentation for all laboratories which were used to analyze any data collected pursuant to the approved project study plan, generic study plan, or generic plan component. The QDC is responsible for providing this documentation in the form of a laboratory quality assurance plan which meets the content guidelines presented in appendix B of this rule.

(6) Data approval process. The director shall review data submissions to verify that they were submitted by a QDC, that appropriate test methods and quality control and quality assurance practices were used, and that the data reporting requirements are complete. The review will ensure that all components of the plan for the collection of data were followed. If substantial discrepancies are found, the director may decide not to approve the data. The director will provide written notification to the person submitting the data as to whether the data have been approved, and at what level the data qualify as credible data.

(C) Publications that provide acceptable level 3 test methods for the collection, analysis and interpretation of surface water quality monitoring data submitted under the credible data water quality monitoring program established pursuant to section 6111.53 of the Revised Code are presented in this paragraph. The person submitting data as a level 3 QDC shall be responsible for the selection and proper execution of the test methods as described in paragraph B(2) of this rule.

(1) References for water quality sampling procedures.

(a) Ohio EPA. 2003. Manual of Ohio EPA Surveillance Methods and Quality Assurance Practices. Ohio Environmental Protection Agency, Division of Surface Water / Division of Environmental Services. Columbus, Ohio. 47 p. This document is available on the web at http://www.epa.state.oh.us/dsw/documents/Field%20Manual%2010-1-03.pdf.

(b) USEPA. 1982. Handbook for Sampling and Sample Preservation of Water and Wastewater. EPA 600/4-82-029. United States Environmental Protection Agency. Environmental Monitoring and Support Laboratory. Cincinnati, Ohio. 418 p. This document is available on the web at http://www.epa.gov/clariton/clhtml/pubtitleORD.html.

(c) Ohio EPA. 1998. Sampling Methods for Documentation of a Public Health Nuisance under OAC Rule 3745-1-04 (F) & (G). August 20, 1998. Ohio Environmental Protection Agency, Division of Surface Water. Columbus, Ohio. 7 p. This document is available on the web at http://www.epa.state.oh.us/dsw/guidance/wqs3.pdf.

(d) For the measurement of visibility using secchi disk depth when accompanied by measurements of total phosphorus and chlorophyll a, Lind, O. T. 1985. Handbook of common methods in limnology. Second edition. Kendal / Hunt Publishing Co., Dubuque, IA. 199 p.

(2) References for chemical and microbiological laboratory methods.

(a) Eaton, A.D., L.S. Clesceri, E.W. Rice, A.E. Greenberg, M.A.H. Franson, (editors). 2005. Standard Methods for the Examination of Water and Wastewater: Centennial Edition. 21st Edition. ISBN: 0875530478. American Public Health Association. Washington, D.C. 1368 p. This document is available on the web at http://www.standardmethods.org/.

(b) Clesceri, L.S., A.E. Greenberg, and A.D. Eaton, (editors). 1998. Standard Methods for the Examination of Water and Wastewater. 20th Edition. ISBN: 0875532357. American Public Health Association. Washington, D.C. 1325 p.

(c) APHA. 1995. Standard Methods for the Examination of Water and Wastewater. American Public Health Association. 19th Edition. American Public Health Association. Washington, D.C.

(d) APHA. 1992. Standard Methods for the Examination of Water and Wastewater. American Public Health Association. 18th Edition. American Public Health Association. Washington, D.C.

(e) Ohio EPA. 1998. Permit Guidance #5 – Reporting and Testing Guidance for Biomonitoring Required by the Ohio Environmental Protection Agency. Ohio Environmental Protection Agency, Division of Surface Water. Columbus, Ohio. 31 p. (plus six attachments). This document is available on the web at http://www.epa.state.oh.us/dsw/guidance/permit5.pdf.

(f) USEPA. 40 C.F.R. 136. July 1, 2004 edition. This document is available on the web at http://www.epa.gov/docs/epacfr40/chapt-I.info/.

(g) USEPA. 1983. Methods for Chemical Analysis of Water and Wastes. U.S. Environmental Protection Agency. EPA 600/4-79-020. United States Environmental Protection Agency, Office of Research and Development, Environmental Monitoring and Support Laboratory. Cincinnati, Ohio. 552 p. This document is available on the web at http://www.epa.gov/epahome/index/sources.htm.

(h) USEPA. 1978. Microbiological Methods for Monitoring the Environment, Water and Wastes. EPA-600/8-78/017. United States Environmental Protection Agency, Office of Research and Development, Environmental Monitoring and Support Laboratory, Cincinnati, Ohio. 356 p. This document is available on the web at http://www.epa.gov/epahome/index/sources.htm.

(i) Fishman, M. J. (editor). 1993. Methods of analysis by the U.S. Geological Survey National Water Quality Laboratory; determination of inorganic and organic constituents in water and fluvial sediments. Open File report 93-125. United States Department of the Interior, U. S. Geological Survey. Denver, CO. This document is available on the web at http://infotrek.er.usgs.gov/pubs/.

(j) Stevens, H.H. et. al. 1975. Water temperature-influential factors, field measurements and data presentation. In: Techniques of Water-Resource Investigations, Book 1, Chapter D1. United States Department of the Interior, U.S. Geological Survey. Washington, D.C. This document is available on the web at http://water.usgs.gov/pubs/twri/.

(k) ASTM. 2005. Annual Book of ASTM Standards, Water and Environmental Technology. Section 11.01: Sampling and Flow Measurement; Inorganic Constituents. Section 11.02. Organic Constituents. American Society for Testing and Materials International. West Conshohocken, PA. This document is available on the web at http://www.astm.org.

(l) AOAC. 2003. Official Methods of Analysis of AOAC INTERNATIONAL. 17th Edition, 2nd Revision. 2003. AOAC INTERNATIONAL. Gaithersburg, Maryland. This document is available on the web at http://www.aoac.org.

(3) References for stream flow measurement methods.

(a) Rantz, S.E. et al. 1982. Measurement and computation of streamflow — v. 1, Measurement of stage, and v. 2, Computation of discharge. U.S. Geological Survey Water-Supply Paper 2175. United States Department of Interior, U.S. Geological Survey. Washington D.C. 631 p. This document is available on the web at http://infotrek.er.usgs.gov/pubs/.

(b) Lipscomb, S.W. 1995. Quality assurance plan for discharge measurements using broadband acoustic Doppler current profilers. U.S. Geological Survey Open File Report 95-701. 12 p. This document is available on the web at http://infotrek.er.usgs.gov/pubs/.

(c) U.S. Geological Survey. 2005. Techniques of Water Resources Investigations Reports. Book 3: Applications of hydraulics, Section A: Surface-water techniques. (21 chapters). United States Department of Interior, U.S. Geological Survey. Washington D.C. This document is available on the web at http://water.usgs.gov/pubs/twri/.

(d) Bureau of Reclamation. 1997. Water Measurement Manual, Third Edition. United States Department of Interior, Bureau of Reclamation, Water Resources Research Laboratory. Denver, Colorado. This document is available on the web at http://www.usbr.gov/pmts/hydraulics_lab/pubs/wmm/index.htm.

(e) International Organization for Standardization (ISO). 2005. Published standards found at 17.120.20. Flow in open channels. This document is available on the web at http://www.iso.org.

(f) ASTM. 2005. Annual Book of ASTM Standards, Water and Environmental Technology, Section 11.01: Sampling and Flow Measurement. American Society for Testing and Materials International. West Conshohocken, PA. This document is available on the web at http://www.astm.org.

(4) References for stream habitat measurement methods.

(a) Rankin, E.T. 1989. The qualitative habitat evaluation index (QHEI): rationale, methods, and application. Div. Water Qual. Plan. & Assess., Ecol. Assess. Sect., Columbus, Ohio. This document is available on the web at http://www.epa.state.oh.us/dsw/bioassess/BioCriteriaProtAqLife.html.

(b) Rankin, E. T. 1995. The use of habitat assessments in water resource management programs. pp. 181-208. In: W. Davis and T. Simon (eds.). Biological Assessment and Criteria: Tools for Water Resource Planning and Decision Making. Lewis Publishers. Boca Raton, FL.

(c) Ohio EPA. 1989. Biological criteria for the protection of aquatic life: volume III: standardized biological field sampling and laboratory methods for assessing fish and macroinvertebrate communities. pp. V-4-18 to V-4-31. This document is available on the web at http://www.epa.state.oh.us/dsw/bioassess/BioCriteriaProtAqLife.html.

(5) References for sediment sampling and constituent testing.

(a) Ohio EPA. 2001. Sediment Sampling Guide and Methodologies. Second edition. Ohio Environmental Protection Agency. Columbus, Ohio. 35 p. This document is available on the web at http://www.epa.state.oh.us/dsw/guidance/guidance.html.

(b) Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996) and IIIA (dated April 1998)]. This document is available on the web at http://www.epa.gov/epaoswer/hazwaste/test/main.htm.

(6) References for fish tissue collection and contaminant testing.

(a) Ohio EPA. 2004. State of Ohio Cooperative Fish Tissue Monitoring Program Fish Collection Guidance Manual. Ohio Environmental Protection Agency, Division of Surface Water. Columbus Ohio. 20 p. This document is available on the web at http://www.epa.state.oh.us/dsw/fishadvisory/FishCollectionGuidanceManual05.pdf.

(b) USEPA. 2000. Guidance for Assessing Chemical Contaminant Data for Use in Fish Advisories. Volume 1, Fish Sampling and Analysis. Third edition. EPA 823/B-00-007. Office of Science and Technology, Office of Water, United States Environmental Protection Agency. Washington, D.C. This document is available on the web at http://www.epa.gov/ost/fishadvice/volume1/index.html.

(7) References for fish and macroinvertebrate community measurement methods.

(a) Ohio Environmental Protection Agency. 1987a. Biological criteria for the protection of aquatic life: Volume I. The role of biological data in water quality assessment. Div. Water Qual. Monit. & Assess., Surface Water Section. Columbus, Ohio. This document is available on the web at http://www.epa.state.oh.us/dsw/bioassess/BioCriteriaProtAqLife.html.

(b) Ohio Environmental Protection Agency. 1987b. Biological criteria for the protection of aquatic life: Volume II. Users manual for biological field assessment of Ohio surface waters. Div. Water Qual. Monit. & Assess., Surface Water Section. Columbus, Ohio. This document is available on the web at http://www.epa.state.oh.us/dsw/bioassess/BioCriteriaProtAqLife.html.

(c) Ohio Environmental Protection Agency. 1989a. Addendum to Biological criteria for the protection of aquatic life: Volume II. Users manual for biological field assessment of Ohio surface waters. Div. Water Qual. Plan. & Assess., Ecological Assessment Section. Columbus, Ohio. This document is available on the web at http://www.epa.state.oh.us/dsw/bioassess/BioCriteriaProtAqLife.html.

(d) Ohio Environmental Protection Agency. 1989b. Biological criteria for the protection of aquatic life: Volume III. Standardized biological field sampling and laboratory methods for assessing fish and macroinvertebrate communities. Div. Water Quality Plan. & Assess., Ecol. Assess. Sect. Columbus, Ohio. This document is available on the web at http://www.epa.state.oh.us/dsw/bioassess/BioCriteriaProtAqLife.html.

(e) DeShon, J.D. 1995. Development and application of the invertebrate community index (ICI). pp. 217-243. In: W.S. Davis and T. Simon (eds.). Biological Assessment and Criteria: Tools for Risk-based Planning and Decision Making. Lewis Publishers. Boca Raton, FL.

(f) Yoder, C.O. 1995. Policy issues and management applications for biological criteria. pp. 327-344. In: W. Davis and T. Simon (eds.). Biological Assessment and Criteria: Tools for Water Resource Planning and Decision Making. Lewis Publishers. Boca Raton, FL.

3745-4-06 Appendix A. Guidelines for the preparation of level 3 project study plans.

Persons preparing level 3 project study plans for the credible data surface water quality monitoring program should consult the following set of guidelines to ensure the adequacy of the project study plan. The director may conclude that the project study plan is deficient if the information requested in this appendix is missing and there is no other comparable justification for the technical and scientific adequacy of the project study plan.

(1) A clear statement of the objectives of the planned activities, including data quality objectives and the types of data to be collected: chemical, stream habitat, fish, or macroinvertebrate;

(2) A detailed explanation and description, including georeferencing, of the specific point and nonpoint source issues (when applicable) that will be evaluated and other sources that may influence ecological conditions within the study area;

(3) A detailed explanation of parameter coverage within each data type (chemical, stream habitat, fish, and macroinvertebrate) for which sampling will be conducted at each sampling location;

(4) Identification of field collection and data assessment techniques for stream habitat, fish, and macroinvertebrate sampling and, for all chemical parameters sampled, identification of the sample collection methods, the field or laboratory analytical methods used, and the detection limits;

(5) A detailed explanation of planned sampling locations, including the name of the water body and each sampling location. For each sampling location the following information shall be included: sampling location latitude and longitude; sampling location river mile; general locational information; the U.S. geological survey 7.5 minute quadrangle map name; and the purpose for data collection at each sampling location;

(6) A detailed schedule of planned sampling activities or criteria for sampling conditions;

(7) A written quality assurance and quality control (QA/QC) plan which adheres to the general quality assurance and quality control principles described in Ohio EPA’s “Manual of Surveillance Methods and Quality Assurance Practices;”

(8) A detailed explanation of all anticipated work products which will be submitted to the director for use by the director in consideration of the data as level 3 credible data. Examples of anticipated work products that shall be submitted to the director include, but are not limited to, the following: measured chemical, stream habitat, and biological data; beneficial use attainment statistics; biological index metrics and scores; water quality criteria exceedences; and stream habitat index metrics and scores;

(9) A list of all qualified data collectors and other persons who will be involved with sample collection, sample analysis, and data entry along with specific procedures outlining how persons not qualified as level 3 data collectors will be supervised to ensure the accuracy of their activities. The list shall include the name, address, electronic mail address, and phone number of all qualified data collectors and shall identify the qualified data collectors designated as the lead project managers;

(10) Documentation demonstrating that each person who will be acting as a lead project manager has been approved by the director as a level 3 qualified data collector in accordance with rule 3745-4-03 of the Administrative Code;

(11) If a contract laboratory will be used for chemical or biological analyses, identify the laboratory and provide a contact name, address, electronic mail address, and phone number for the contact;

(12) If applicable, a copy of an approved scientific collector’s permit issued by the Ohio department of natural resources, division of wildlife;

(13) A statement certifying that a digital photo catalog of all sampling locations will be maintained for ten years including photos of the specific sampling location, riparian zone adjacent to the sampling location, and general land use in the immediate vicinity of the sampling location;

(14) A statement certifying that the qualified data collector acting as the lead project manager will provide to the director upon request two voucher specimens of each taxa or species of fish and macroinvertebrates that are collected at sampling locations. If a specimen is too large to preserve, a large game species, or a legally protected species, diagnostic photographs or the preservation of specific diagnostic material from the specimen, where allowed, may be submitted in lieu of a complete specimen. All voucher materials shall be kept for at least ten years;

(15) A statement from each qualified data collector working on the project certifying that he or she has not been convicted of or pleaded guilty to a violation of section 2911.21 of the Revised Code (criminal trespass) or a substantially similar municipal ordinance within the previous five years.

Except as provided in this appendix, level 3 project study plans that use biological assessment methods shall provide for the collection of both fish and macroinvertebrate data at all sampling locations. If the level 3 project study plan does not include provisions for the collection of both fish and macroinvertebrates at all sampling locations, the project study plan shall include a detailed explanation of the circumstances, issues, and complexities associated with the proposed sampling location which preclude the use of both organism groups. If circumstances during project execution result in the failure to collect both fish and macroinvertebrates, then an explanation should accompany the data submission. Such circumstances may include, but are not limited to, problems with access to the sampling location, vandalism, on-site equipment failure, and extremely high or low stream flows.

3745-4-06 Appendix B. Guidelines for laboratory quality assurance plans.

All laboratories that perform analysis under a level 3 study plan shall implement a quality assurance program and shall document all elements of the program in a quality assurance manual (QAM) or quality assurance plan (QAP). The elements covered in the QAM or QAP should, at a minimum, include the items listed in this appendix.

(1) Title page with authorization signatures and dates.

(2) Table of contents.

(3) Statement of quality assurance policy.

(4) Laboratory organization and responsibility, including:

(a) Organizational tables;

(b) Position descriptions for all personnel;

(d) Training procedures; and

(e) Description of records retained by the laboratory on employee training and performance.

(5) Data quality objectives for accuracy, precision, and reporting limits for each test, target analyte, and sample matrix.

(6) Analytical methods variances.

(7) Laboratory equipment and instrument lists.

(8) Sample receipt and chain-of-custody procedures. This section should include procedures for:

(a) Receiving samples;

(b) Sample login;

(d) Sample storage;

(e) Sample tracking; and

(f) Sample disposal.

(9) Laboratory standard operating procedures (SOPs) with dates of last revision. This section should include procedures for:

(a) Glassware preparation;

(b) Sample preparation;

(d) Sample analysis; and

(e) A description of quality control procedures that are required and followed for each method.

(10) Calibration procedures. This section should describe:

(a) The type of calibration used for each method;

(b) The criteria for acceptance or verification; and

(11) Preventive maintenance and documentation. This section should describe:

(a) The location of instrument manuals;

(b) Schedules for performance of routine equipment maintenance;

(d) Maintenance contracts in place.

(13) Data reduction, review, and reporting. This section could include discussion of the process used to do data assessment, evaluation of data completeness, comparability, and trends.

(14) Standard corrective action procedures for quality control failures.

(15) External and internal audits, accreditations, and certifications. This section should list all laboratory accreditations and certifications, and participation in inter and intra laboratory studies.

(16) Reports to management. This section should describe the various types of reports and meetings and their frequencies with management.

(17) Document retention and control. In this section, the lab should discuss its document retention schedule, storage, and retrieval procedures, including procedures for review and approval of revised lab documents (i.e., QAP and SOPs).

(18) Procedures for procurement and process control. This section should describe the laboratory’s policy and procedures for the selection and purchasing of equipment and supplies it uses that affect the quality of the environmental tests and calibrations.

(19) Sample handling and analysis.

Effective: 03/24/2006

R.C. 119.032 review dates: 03/24/2011

Promulgated Under: 119.03

Statutory Authority: 6111.51

Rule Amplifies: 6111.50, 6111.51, 6111.52, 6111.53, 6111.54, 6111.55, 6111.56