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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3745-1 | Water Quality Standards

 
 
 
Rule
Rule 3745-1-01 | 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) The purpose of these water quality standards, in this chapter, is 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 applies.

(C) These water quality standards 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 do 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) General exceptions. The following exceptions apply only to the specific water quality criteria involved in each case for a reasonable period of time as determined by the director:

(1) Pesticide chemicals applied for control of aquatic plants or animals in the intended application area, if the following conditions are met:

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

(b) The pesticide is applied consistent with a national pollutant discharge elimination system (NPDES) permit, if an NPDES permit for the activity is in force.

(c) If an NPDES permit for the activity is not in force, notice must be given to the director if the proposed application is for any of the following:

(i) Algae, weed or nuisance animal control in public water supply reservoirs.

(ii) Nuisance fish control.

(iii) Algae, weed or nuisance animal control in waters classified in rule 3745-1-05 of the Administrative Code as outstanding national resource waters, outstanding state waters or superior high quality waters other than lake Erie.

(iv) Algae or weed control in lake Erie done by aircraft.

(v) Forest pest control.

The director, upon receiving such notice, may order that the chemicals not be applied if the director concludes that the proposed application would pose an unreasonable danger to human or aquatic life.

(2) Exceptions for water quality disturbance caused by construction activities. Temporary exceptions may apply whenever construction occurs on or near water bodies or during the period of time when the aftereffects of construction activities degrade water quality and such activities have been authorized by any of the following:

(a) The United States army corps of engineers or by a section 401 water quality certification.

(b) A state isolated wetland permit issued by the Ohio environmental protection agency.

(c) A construction storm water permit for earth disturbing activities greater than one acre 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) Criteria and exceptions for dredging and depositing of dredged material. The following criteria and exceptions apply only to the specific water quality criteria involved in each case for a reasonable period of time as determined by the director:

(1) Criteria applied in lake Erie. The following criteria apply on and after the specified dates for dredging work associated with the regular maintenance of federal navigation channels and ports on lake Erie:

(a) On and after the effective date of this rule, the deposit of dredged material shall not result in a modeled increase in "bioaccumulation" of a "bioaccumulative chemical of concern" as those terms are defined in rule 3745-1-02 of the Administrative Code.

(b) Beginning on and after July 1, 2020, there shall be no deposit of dredged material unless the director authorizes the deposit of dredged material pursuant to division (C) of section 6111.32 of the Revised Code or makes a determination pursuant to division (E) of section 6111.32 of the Revised Code.

(2) Exceptions from other criteria. Temporary exceptions from criteria other than those found in paragraph (F)(1) of this rule may apply whenever dredging and depositing of dredged material occurs on or near water bodies or during the period of time when the aftereffects of dredging activities degrade water quality and such activities have been authorized by the United States army corps of engineers and by a section 401 water quality certification or state isolated wetland permit issued by the Ohio environmental protection agency.

(G) 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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041, 6111.32
Five Year Review Date: 1/2/2023
Prior Effective Dates: 2/14/1978, 4/4/1985, 5/1/1990, 10/31/1997
Rule 3745-1-02 | 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 in this paragraph.

AACAcute aquatic criterion
AAVAcute aquatic value
ACRAcute-chronic ratio
ADEAcceptable daily exposure
AIMArea of initial mixing
BAFBioaccumulation factor
BCCBioaccumulative chemical of concern
BCFBioconcentration factor
BSAFBiota-sediment accumulation factor
BWBody weight
CACChronic aquatic criterion
CAVChronic aquatic value
CBOD5Five-day carbonaceous biochemical oxygen demand
CCCCriterion continuous concentration
C.F.R.Code of federal regulations
CMCCriterion maximum concentration
DOCDissolved organic carbon
ECBPEastern corn belt plains ecoregion
EC50Median effective concentration
EOLPErie/Ontario lake plain ecoregion
EPAEnvironmental protection agency
FACRFinal acute-chronic ratio
FAVFinal acute value
FCMFood-chain multiplier
FCVFinal chronic value
FPVFinal plant value
GMAVGenus mean acute value
GMCVGenus mean chronic value
HCCHuman cancer criterion
HCVHuman cancer value
HELPHuron/Erie lake plain ecoregion
HNCHuman noncancer criterion
HNVHuman noncancer value
IMZMInside mixing zone maximum
IPInterior plateau ecoregion
IRISIntegrated risk information system
KOWOctanol-water partition coefficient
LC50Median lethal concentration
lnNatural logarithm
LOAELLowest observed adverse effect level
logBase ten logarithm
MFMembrane filter
MPNMost probable number
NIPDWRNational interim primary drinking water regulations
NOAELNo observed adverse effect level
NPDESNational pollutant discharge elimination system
OMZAOutside mixing zone average
OMZMOutside mixing zone maximum
POCParticulate organic carbon
POTWPublicly owned treatment works
q1*Cancer slope factor
RADRisk associated dose
RSCRelative source contribution
SSoluble
SACRSecondary acute-chronic ratio
SAFSecondary acute factor
SARStructure-activity relationship
SAVSecondary acute value
SMAVSpecies mean acute value
SMCVSpecies mean chronic value
TTotal
TDTest dose
tempTemperature
TLTrophic level
TRTotal recoverable
UFUncertainty factor
U.S.C.United States Code
WAPWestern Allegheny plateau ecoregion
WVWildlife value

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

(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 l/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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 12/30/2007
Prior Effective Dates: 4/4/1985, 5/1/1990
Rule 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/guidelines- carcinogen-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 E1022-94. 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 at http://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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 8/24/2021
Prior Effective Dates: 2/14/1978, 5/1/1990, 7/31/1999
Rule 3745-1-04 | Criteria applicable to all waters.
 

[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.]

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 as follows:

(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 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 reaching surface waters of the state. 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 both of the following:

(a) Odor, color or other visual manifestations of raw or poorly treated sewage.

(b) Water samples exceed one thousand thirty 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 all of 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.

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

(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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2023
Prior Effective Dates: 4/4/1985
Rule 3745-1-05 | 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 in this rule, 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.

ParameterThirty-day LimitDaily or Seven-day LimitMaximum/Minimum Limit
CBOD510 mg/l15 mg/ln/a
Total suspended solids12 mg/l18 mg/ln/a
Ammonia
(Summer)1.0 mg/l1.5 mg/ln/a
(Winter)3.0 mg/l4.5 mg/l
Dissolved oxygenn/an/a6.0 mg/l (minimum)
Total residual chlorinen/an/a0.038 mg/l (maximum)
E. coli*126 / 100 ml235 / 100 mln/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.

Common nameLatin nameComment
Bigeye chubNotropis amblops
Bigeye shinerNotropis boops
Blacknose shinerNotropis heterolepis
Bluebreast darterEtheostoma camurum
Brindled madtomNoturus miurus
Brook troutSalvelinus fontinalisNatives only
Creek chubsuckerErimyzon oblongus
Eastern sand darterAmmocrypta pellucida
GoldeyeHiodon alosoides
Hornyhead chubNocomis biguttatus
Lake chubsuckerErimyzon sucetta
Least brook lampreyLampetra aepyptera
Least darterEtheostoma microperca
Mimic shinerNotropis volucellus
MooneyeHiodon tergisusLake Erie drainage basin
Mountain madtomNoturus eleutherus
MuskellungeEsox masquinongyNatives only
North brook lampreyIchthyomyzon fossor
Northern madtomNoturus stigmosus
Popeye shinerNotropis ariommus
Pugnose minnowOpsopoeodus emiliae
Redside daceClinostomus elongatus
River chubNocomis micropogon
River darterPercina schumardiLake Erie drainage basin
Rosyface shinerNotropis rubellus
Silver lampreyIchthyomyzon unicuspis
South redbelly dacePhoxinus erythrogaster
Streamline chubErimystax dissimilis
Tonguetied minnowExoglossum laurae
Variegate darterEtheostoma variatum
Western banded killifishFundulus diaphanus menona

Common nameLatin nameComment
Fish
Bigmouth shinerNotropis dorsalis
Bluebreast darterEtheostoma camurum
Lake chubsuckerErimyzon sucetta
PaddlefishPolyodon spathula
River darterPercina shumardi
Rosyside daceClinostomus funduloides
Silver lampreyIchthyomyzon unicuspis
Tippecanoe darterEtheostoma tippencanoe
Mollusks
Black sandshellLiqumia recta
EbonyshellFusconaia ebena
FawnsfootTruncilla donaciformis
PondhornUniomerus tetralasmus
SnuffboxEpioblasma triquetra
Threehorn wartybackObliquaria reflexa
Other
Sloan's crayfishOrconectes sloanii

Water body nameFlows intoDrainage basin
Alum creek - headwaters to West branch (RM 42.8)Big Walnut creekScioto
Anderson fork - Grog run (RM 11.02) to the mouthCaesar creekLittle Miami
Archers forkLittle Muskingum riverCentral Ohio tributaries
Arney run - Black run (RM 2.2) to the mouthClear creekHocking
Ashtabula river - confluence of East and West fork (RM 27.54) to adjacent East 23rd street (RM 2.00)Lake ErieAshtabula
Auglaize river - Kelly road (RM 77.32) to Jennings creek (RM 47.02)MaumeeMaumee
Baughman creekGrand riverGrand
Beech forkSalt creekScioto
Bend fork - Joy fork (RM 4.0) to the mouthCaptina creekCentral Ohio tributaries
Big runFederal creekHocking
Big Walnut creek - Rocky fork (RM 28.3) to the mouthScioto riverScioto
Blue creekChurn creekScioto
Brill runMarietta runHocking
Buskirk creekDeer creekScioto
Caesar creek - Caesar Creek lake (RM 13.92) to the mouthLittle Miami riverLittle Miami
Cedar forkClear Fork Mohican riverMuskingum
Cedar Lick creekCross creekCentral Ohio tributaries
Center forkElkhorn creekCentral Ohio tributaries
Chapman creekMad riverGreat Miami
Clear creekRocky forkScioto
Clear creek - Cattail creek (RM 9.52) to the mouthHocking riverHocking
Compton creekNorth Fork Paint creekScioto
Congo creekScippo creekScioto
Deer creek - Bradford/Sugar creek confluence (RM 41.22) to Deer creek reservoir (RM 29.40)Scioto riverScioto
Dismal creekWitten ForkCentral Ohio tributaries
East Branch Jelloway creekJelloway creekMuskingum
East Fork Little Miami river - East Fork lake (RM 20.5) to the mouthLittle Miami riverLittle Miami
East Fork Little Miami river - Howard run (RM 45.18) to Tunnel Mill road (RM 30.1)Little Miami riverLittle Miami
East Fork Queer creekQueer creekScioto
Elkhorn creekYellow creekCentral Ohio tributaries
Federal creek - Hyde fork (RM 16.21) to the mouthHocking riverHocking
Fish Creek - headwaters to the Indiana state line (RM 29.37)St. Joseph riverMaumee
Furnace runCuyahoga riverCuyahoga
Goose run - downstream Winnerline road (RM 3.00) to the mouthBantas forkGreat Miami
Grace runCherry forkSouthwest Ohio tributaries
Great Miami river - Quincy dam (RM 143.4) to Pasco-Montra road (RM 134.8)Ohio riverGreat Miami
Great Miami river - Sidney water works dam (RM 130.2) to Loramie creek RM (119.9)Ohio riverGreat Miami
Great Miami river - Lost creek (RM 100.0) to the CSX railroad bridge (RM 84.5)Ohio riverGreat Miami
Hay runDeer creekScioto
Hellbranch run - Kropp road RM (5.04) to the mouthBig Darby creekScioto
Honey creekGreat Miami riverGreat Miami
Huron river - East/West branch confluence (RM 14.7) to the Ohio turnpike (RM 9.1)Lake ErieHuron
Indianfield runKokosing riverMuskingum
Jelloway creekKokosing riverMuskingum
Joes runBig runHocking
Laurel runSalt creekScioto
Leith runOhio riverCentral Ohio tributaries
Little Darby creekBig Darby creekScioto
Little Muskingum river - Witten fork (RM 46.44) to Fifteen Mile creek (RM 14.75)Ohio riverCentral Ohio tributaries
Lower Twin creekOhio riverSouthwest Ohio tributaries
Lost creekGreat Miami riverGreat Miami
Long runRocky forkMuskingum
Lost runRocky forkMuskingum
Mac-o-chee creekMad riverGreat Miami
Mad river - headwaters to Mac-o-chee creek (RM 51.75)Great Miami riverGreat Miami
Marietta runFederal creekHocking
Massie creekLittle Miami riverLittle Miami
McCullough creekScioto Brush creekScioto
McKee creekStony creekGreat Miami
Middle Fork Laurel runLaurel runScioto
Middle Fork Salt creekSalt creekScioto
Mill creekSouth Fork Scioto Brush creekScioto
Mohican river - Rocky fork (RM 27.60) to an unnamed tributary (RM 16.10)Walhonding riverMuskingum
Morgan forkSunfish creekScioto
Muskingum river - confluence of Tuscarawas and Walhonding rivers (RM 111.13) to state route 208 (RM 92.0)Ohio riverMuskingum
Muskingum river - Licking river (RM 76.20) to Moxahala creek (RM 73.50)Ohio riverMuskingum
Muskingum river - Salt creek (RM 67.03) to Branch run (RM 52.58)Ohio riverMuskingum
Muskingum river - McConnelsville dam (RM 49.0) to Madison run (RM 34.4)Ohio riverMuskingum
Muskingum river - Beverly dam (RM 24.9) to Cushing run (RM 18.77)Ohio riverMuskingum
Muskingum river - Lowell dam (RM 14.1) to Rainbow creek (RM 7.7)Ohio riverMuskingum
Muskingum river - Devola dam (RM 5.77) to the mouthOhio riverMuskingum
Nancy runNorth Fork Yellow creekCentral Ohio tributaries
Nellis runBig runHocking
North Fork Captina creek - Long run (RM 4.0) to the mouthCaptina creekCentral Ohio tributaries
North Fork Yellow creekYellow creekCuyahoga
Ohio Brush creek - headwaters to Beasley Fork road (RM 6.30)Ohio riverSouthwest Ohio tributaries
Opossum creekOhio riverCentral Ohio tributaries
Painter runRocky forkMuskingum
Pine creekSalt creekScioto
Pine creek - Hales creek (RM 38.15) to the mouthOhio riverSoutheast Ohio tributaries
Piney forkSunfish creekCentral Ohio tributaries
Pretty runSalt creekScioto
Proctor runTreacle creekScioto
Queer creekSalt creekScioto
Randall runMill creekScioto
Rarden creekScioto Brush creekScioto
Rocky fork - U.S. route 62 (RM 5.1) to the mouthBig Walnut creekScioto
Rocky fork - headwaters to Rocky fork lake (RM 16.88)Paint creekScioto
Schenck creekKokosing riverMuskingum
Scioto Brush creek - headwaters to McCullough creek (RM 10.2)Scioto riverScioto
Scioto river - Indian run (RM 145.18) to Olentangy river (RM 132.33)Ohio riverScioto
Scioto river - Scioto Big run (RM 124.40) to Scippo creek (RM 89.61)Ohio riverScioto
Scioto river - Paint creek (RM 63.50) to Salt creek (RM 51.18)Ohio riverScioto
Scioto river - Scioto Brush creek (RM 9.2) to the mouthOhio riverScioto
Scippo creek - Old Tarlton pike (RM 14.80) to the mouthScioto riverScioto
Sevenmile creekFourmile creekGreat Miami
South Fork Captina creekCaptina creekCentral Ohio tributaries
South Fork Eagle creekEagle creekMahoning
South Fork Scioto Brush creek - Shawnee creek (RM 8.3) to the mouthScioto Brush creekScioto
Spain creekBig Darby creekScioto
Spring forkLittle Darby creekScioto
Spring runFederal creekHocking
Stillwater river - Englewood dam (RM 9.0) to the mouthGreat Miami riverGreat Miami
Strawcamp runElkhorn creekCentral Ohio tributaries
Sunfish creek - headwaters to Negro run (RM 1.7)Ohio riverCentral Ohio tributaries
Trail runCenter forkCentral Ohio tributaries
Turkey creekOhio riverSouthwest Ohio tributaries
Turkey runSugartree forkMuskingum
Unnamed tributary to East Branch Black river at RM 41.41East Branch Black riverBlack
Upper Twin creekOhio riverSouthwest Ohio tributaries
West Branch Alum creek - Ashley West Liberty road (RM 5.09) to the mouthAlum creekScioto
West Branch Huron river - Slate run (RM 10.52) to the mouthHuron riverHuron
West Branch St. Joseph river - Michigan state line (RM 11.41) to the mouthSt. Joseph riverMaumee
West fork - Buck run (RM 9.0) to the mouthOhio Brush creekSouthwest Ohio tributaries
Whitewater river - Indiana state line (RM 8.26) to the mouthGreat Miami riverGreat Miami
Wildcat runBig runHocking
Winding forkWakatomika creekMuskingum
Winterstein runSouth Fork Scioto Brush creekScioto
Witten forkLittle Muskingum riverCentral Ohio tributaries
Witten runClear Fork Little Muskingum riverCentral Ohio tributaries
Yellow creekCuyahoga riverCuyahoga
Yellow Springs creekLittle Miami riverLittle Miami

Water body nameFlows intoDrainage basin
Aurora branch - state route 82 (RM 17.08) to the mouthChagrin riverChagrin
Bantas forkTwin creekGreat Miami
Big Darby creekScioto riverScioto
Captina creek - North/South forks (RM 25.42) to state route 7 (RM 0.70)Ohio riverCentral Ohio tributaries
Chagrin river - Woodiebrook road (RM 49.14) to state route 6 (RM 11.1)Lake ErieChagrin
Conneaut creek - state line (RM 23.83) to the mouthLake ErieAshtabula
Cuyahoga river - Troy-Burton township line (RM 83.9) to U.S. route 14 (RM 60.75)Lake ErieCuyahoga
Deer creek - Deer creek dam (RM 23.89) to the mouthScioto riverScioto
East Branch Chagrin river - Heath road (RM 14.49) to the mouthChagrin riverChagrin
Fish creek - Indiana state line (RM 5.57) to the mouthSt. Joseph riverMaumee
Grand river - state route 322 (RM 67.08) to U.S. route 20 (RM 5.67)Lake ErieGrand
Greenville creek - Indiana state line (RM 34.48) to the mouthStillwater riverGreat Miami
Kokosing riverWalhonding riverMuskingum
Little Beaver creekOhio riverLittle Beaver creek
Little Darby creekBig Darby creekScioto
Little Miami riverOhio riverLittle Miami
Middle Fork Little Beaver creek - Middle run (RM 8.57) to the mouthLittle Beaver creekLittle Beaver creek
North Branch Kokosing riverKokosing riverMuskingum
North Fork Little Beaver creek - Pennsylvania state line (RM 7.75) to the mouthLittle Beaver creekLittle Beaver creek
North Fork Little Miami riverLittle Miami riverLittle Miami
North Fork Paint creek - Compton creek (RM 24.57) to the mouthPaint creekScioto
Olentangy river - Delaware dam (RM 32.35) to Old Wilson Bridge road (RM 11.45)Scioto riverScioto
Paint creek - Rocky fork (RM 37.12) to North fork (RM 3.80)Scioto riverScioto
Pleasant runBig Darby creekScioto
Rocky forkLicking riverMuskingum
Salt creekScioto riverScioto
Sandusky river - U.S. route 30 (RM 82.1) to Roger Young Memorial park in Fremont (RM 16.6)Lake ErieSandusky
Scioto Brush Creek - McCullough creek (RM 10.20) to the mouthScioto riverScioto
South Fork Scioto Brush creek - Shawnee creek (RM 8.30) to the mouthScioto Brush creekScioto
Stillwater river - Riffle road (RM 55.90) to the Englewood dam (RM 9.01)Great Miami riverGreat Miami
Twin creekGreat Miami riverGreat Miami
Unnamed tributary to East Branch Black river at RM 39.06East Branch Black riverBlack
Vermilion river - Southwest branch (RM 47.66) to state route 2 (RM 3.15)Lake ErieVermilion
Wakatomika creekMuskingum riverMuskingum
Walhonding riverTuscarawas riverMuskingum
West Fork Little Beaver creek - Brush creek (RM 15.99) to the mouthLittle Beaver creekLittle Beaver creek

Water body nameFlows intoDrainage basin
Cuyahoga river - Sand run (RM 39.12) to Rockside road (RM 13.13)Lake ErieCuyahoga
Maumee river - Indiana state line (RM 108.1) to the U.S. route 25 bridge (RM 15.05)Maumee BayMaumee

Water body nameFlows intoDrainage basin

Supplemental Information

Authorized By: 6111.041, 6111.12
Amplifies: 6111.041, 6111.12
Five Year Review Date: 7/1/2008
Prior Effective Dates: 10/1/1996, 10/31/1997, 3/1/2011
Rule 3745-1-06 | 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 TUa for 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)56 (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)

Supplemental Information

Authorized By: 6111.03, 6111.041, 6111.12
Amplifies: 6111.041, 6111.12
Five Year Review Date: 2/6/2022
Prior Effective Dates: 5/1/1990, 12/30/2002
Rule 3745-1-07 | 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.

IndexModified warmwater habitatWarmwater habitatExceptional warmwater habitat
Sampling siteChannel modif.Mine affectedImpounded
Ecoregion1
(A) Index of biotic integrity (fish)
(1) Wading sites2
HELP223250
IP244050
EOLP243850
WAP24244450
ECBP244050
(2) Boat sites2
HELP20223448
IP24303848
EOLP24304048
WAP2424304048
ECBP24304248
(3) Headwater sites3
HELP202850
IP244050
EOLP244050
WAP24244450
ECBP244050
(B) Modified index of well being (fish)4
(1) Wading sites2
HELP5.67.39.4
IP6.28.19.4
EOLP6.27.99.4
WAP6.25.58.49.4
ECBP6.28.39.4
(2) Boat sites2
HELP5.75.78.69.6
IP5.86.68.79.6
EOLP5.86.68.79.6
WAP5.85.46.68.69.6
ECBP5.86.68.59.6
(C) Invertebrate community index (macroinvertebrates)
(1) Artificial substrate samplers2
HELP223446
IP223046
EOLP223446
WAP22303646
ECBP223646

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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 4/30/1987, 7/31/1998, 7/31/1999, 2/22/2002, 1/4/2016
Rule 3745-1-08 | Hocking river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 8/19/1985, 4/21/1992, 7/31/1998, 7/21/2002
Rule 3745-1-09 | Scioto river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2022
Prior Effective Dates: 8/19/1985, 4/5/1990, 4/21/1992, 9/30/1993, 4/26/1997, 7/31/1999, 3/29/2001, 7/21/2002, 8/1/2007, 4/23/2008
Rule 3745-1-10 | Grand river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2022
Prior Effective Dates: 8/19/1985, 4/21/1992, 3/29/2001, 6/16/2011
Rule 3745-1-11 | Maumee river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 4/21/2026
Prior Effective Dates: 4/4/1985, 8/19/1985, 9/30/1993, 4/26/1997, 7/31/1999, 3/29/2001, 4/1/2007, 10/9/2009, 5/22/2017
Rule 3745-1-12 | Sandusky river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 4/21/2026
Prior Effective Dates: 8/19/1985, 7/28/1986, 4/26/1997, 7/31/1998, 7/21/2002, 4/1/2007, 6/16/2011, 5/22/2017
Rule 3745-1-13 | Central Ohio tributaries drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 6/19/2022
Prior Effective Dates: 4/4/1985, 8/19/1985, 5/6/1993, 4/26/1997, 7/21/2002
Rule 3745-1-14 | Ashtabula river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 4/4/1985, 9/23/1992, 7/31/1998, 7/21/2002
Rule 3745-1-15 | Little Beaver creek drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 4/4/1985, 7/28/1986, 4/21/1992
Rule 3745-1-16 | Southeast Ohio tributaries drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 4/4/1985, 9/20/1988, 4/21/1992, 7/31/1998, 7/21/2002
Rule 3745-1-17 | Southwest Ohio tributaries drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2022
Prior Effective Dates: 1/3/1989, 4/21/1992, 3/29/2001, 7/21/2002, 10/9/2009
Rule 3745-1-18 | Little Miami river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 4/4/1985, 8/19/1985, 1/3/1989, 7/21/2002
Rule 3745-1-19 | Huron river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 4/21/2026
Prior Effective Dates: 4/4/1985, 8/19/1985, 6/16/2011, 1/2/2017
Rule 3745-1-20 | Rocky river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2022
Prior Effective Dates: 8/19/1985, 7/21/2002, 4/23/2008
Rule 3745-1-21 | Great Miami river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/22/2022
Prior Effective Dates: 4/4/1985, 8/19/1985, 9/30/1993, 4/26/1997, 7/31/1999, 3/29/2001, 7/21/2002, 4/1/2007, 6/16/2011, 9/1/2014
Rule 3745-1-22 | Chagrin river drainage basin.
 
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Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 8/19/1985, 7/21/2002, 4/1/2007
Rule 3745-1-23 | Portage river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 4/21/2026
Prior Effective Dates: 4/4/1985, 4/21/1992, 4/23/2008, 6/16/2011, 5/22/2017
Rule 3745-1-24 | Muskingum river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/22/2022
Prior Effective Dates: 8/19/1985, 5/1/1990, 7/5/1991, 3/29/2001, 4/23/2008, 6/16/2011
Rule 3745-1-25 | Mahoning river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2022
Prior Effective Dates: 4/4/1985, 5/6/1993, 10/9/2009, 6/16/2011
Rule 3745-1-26 | Cuyahoga river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 9/30/1993, 7/21/2002
Rule 3745-1-27 | Black river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 4/4/1985, 7/21/2002, 4/23/2008
Rule 3745-1-28 | Vermilion river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/23/2021
Prior Effective Dates: 8/19/1985, 3/29/2001
Rule 3745-1-29 | Wabash river drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 5/9/2023
Prior Effective Dates: 4/4/1985, 8/19/1985, 4/26/1997
Rule 3745-1-30 | Mill creek drainage basin.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

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Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/2/2022
Prior Effective Dates: 4/4/1985, 3/29/2001
Rule 3745-1-31 | Lake Erie standards.
 

(A) Lake Erie is designated exceptional warmwater habitat, superior high quality water, public water supply, agricultural water supply, industrial water supply and bathing waters, and will meet the criteria set forth in, or derived in accordance with, rules 3745-1-01 to 3745-1-07 and 3745-1-33 to 3745-1-43 of the Administrative Code. However, criteria set forth in this rule supersede the rules listed in this paragraph where applicable. These criteria apply outside the mixing zone.

(B) Temperature.

(1) There shall be no water temperature changes as a result of human activity that cause mortality, long-term avoidance or exclusion from habitat, or adversely affect the reproductive success of representative aquatic species.

(2) At no time shall water temperature exceed the average or daily maximum temperatures indicated in paragraphs (A) and (B) of table 31-1 of this rule.

(3) The temperature of the hypolimnetic waters of lake Erie shall not exceed at any time the daily maximum temperatures indicated in paragraph (C) of table 31-1 of this rule.

Table 31-1. Temperature criteria.

(A) Lake Erie western basin - includes the area of lake Erie west of a line drawn from Pelee point, Canada to Scott point on Catawba island. Shown as degrees Fahrenheit and (Celsius).

Jan. 1-31Feb. 1-29Mar. 1-15Mar. 16-31Apr. 1-15Apr. 16-30May 1-15May 16-31June 1-15
Average:-----53 (11.7)59 (15.0)65 (18.3)75 (23.9)
Daily Maximum:35 (1.7)38 (3.3)39 (3.9)45 (7.2)51 (10.6)56 (13.3)64 (17.8)72 (22.2)78 (25.6)
June 16-30July 1-31Aug. 1-31Sept. 1-15Sept. 16-30Oct. 1-15Oct. 16-31Nov. 1-30Dec. 1-31
Average:80 (26.7)83 (28.3)83 (28.3)78 (25.6)76 (24.4)66 (18.9)60 (15.6)53 (11.7)-
Daily Maximum:83 (28.3)85 (29.4)85 (29.4)83 (28.3)81 (27.2)71 (21.7)65 (18.3)58 (14.4)46 (7.8)

(B) Lake Erie central basin - includes the area of lake Erie east of a line drawn from Pelee point, Canada to Scott point on Catawba island to the Pennsylvania-Ohio state line. Shown as degrees Fahrenheit and (Celsius).

Jan. 1-31Feb. 1-29Mar. 1-15Mar. 16-31Apr. 1-15Apr. 16-30May 1-15May 16-31June 1-15
Average:----43 (6.1)53 (11.7)59 (15.0)63 (17.2)75 (23.9)
Daily Maximum:35 (1.7)38 (3.3)39 (3.9)45 (7.2)48 (8.9)56 (13.3)63 (17.2)72 (22.2)78 (25.6)
June 16-30July 1-31Aug. 1-31Sept. 1-15Sept. 16-30Oct. 1-15Oct. 16-31Nov. 1-30Dec. 1-31
Average:80 (26.7)83 (28.3)83 (28.3)76 (24.4)71 (21.7)66 (18.9)58 (14.4)48 (8.9)-
Daily Maximum:83 (28.3)85 (29.4)85 (29.4)81 (27.2)76 (24.4)71 (21.7)63 (17.2)53 (11.7)46 (7.8)

(C) Seasonal daily maximum temperature limitations for the hypolimnetic regions of lake Erie. Shown as degrees Fahrenheit and (Celsius).

MonthDaily Maximum
January44 (6.7)
February44 (6.7)
March44 (6.7)
April47 (8.3)
May51 (10.6)
June54 (12.2)
July59 (15.0)
August59 (15.0)
September55 (12.8)
October46 (7.8)
November41 (5.0)
December38 (3.3)

Supplemental Information

Authorized By: 6111.041, 6111.12
Amplifies: 6111.041, 6111.12
Five Year Review Date: 8/24/2021
Prior Effective Dates: 10/31/1997
Rule 3745-1-32 | Ohio river standards.
 

[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) The Ohio river is designated warmwater habitat, public water supply, agricultural water supply, industrial water supply and bathing waters, and will meet the most stringent criteria set forth in, or derived in accordance with, this rule, rules 3745-1-01 to 3745-1-07 and 3745-1-33 to 3745-1-40 of the Administrative Code.

Table 32-1. Water quality criteria for the Ohio river.

ChemicalForm1Units2IMZM3OMZM3OMZA3
Bacteria (E. coli)aTcfu/100 mL126126126
Bacteria (E. coli)bTcfu/100 mL410410410
Bacteria (fecal coliform)cTcfu/ 100 mL2,0002,0002,000
Cyanidefreeµg/l44225.2
Dissolved oxygen4Tmg/l--4.0d5.0
RadionuclidesT--ee
Temperature--°F--Table 32-3Table 32-3

1T = total.

2mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion); °F = degrees Fahrenheit; cfu/100 mL = colony forming units per one hundred milliliters.

3IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum; OMZA = outside mixing zone average.

4For dissolved oxygen, OMZM means outside mixing zone minimum at any time and OMZA means outside mixing zone minimum daily average.

aCriterion applies for contact recreation during the months of May through October and is expressed as a ninety-day geometric mean.

b Criterion applies for contact recreation during the months of May through October and is not to be exceeded in more than ten per cent of samples taken during any ninety-day period.

c Criterion applies at all times and is expressed as a monthly geometric mean based on not less than five samples per month. For the months of May through October, measurements of E. coli bacteria may be substituted for fecal coliform.

dA minimum of 5.0 mg/l at any time shall be maintained during the April fifteen to June fifteen spawning season.

eGross total alpha particle activity (including radium-226, but excluding radon and uranium) shall not exceed fifteen picocuries per liter (pci/l) and combined radium-226 and radium-228 shall not exceed four pci/l. The concentration of total gross beta particle activity shall not exceed fifty pci/l. The concentration of total strontium-90 shall not exceed eight pci/l.

Table 32-2. Ohio river water quality criteria for the protection of human health.

OMZA3
ChemicalForm1Units2IntakesElsewhere
AcenaphtheneTµg/l7070
AcroleinTµg/l3.03.0
Acrylonitrile5Tµg/l0.510.51
AlachlorTµg/l2.0a--
Aldrin5Tµg/l7.7*10-67.7*10-6
AnthraceneTµg/l300300
AntimonyTRµg/l5.65.6
ArsenicTRµg/l10a50
AsbestosTMf/l7.0a--
AtrazineTµg/l3.0a--
BariumTRµg/l1,0001,000
Benzene5Tµg/l5.0a12
Benzidine5Tµg/l0.000860.00086
Benzo(a)anthracene5Tµg/l0.0120.012
Benzo(a)pyrene5Tµg/l0.00120.0012
Benzo(b)fluoranthene5Tµg/l0.0120.012
Benzo(k)fluoranthene5Tµg/l0.0380.038
BerylliumTRµg/l4.0a16
BromateTµg/l10a--
Bromoform (Tribromomethane)5Tµg/l4343
Butylbenzyl phthalate5Tµg/l1.01.0
CadmiumTRµg/l5.0a--
CarbofuranTµg/l40a--
Carbon tetrachloride5Tµg/l2.32.3
ChloramineTµg/l4,000a--
Chlordane5Tµg/l0.00310.0031
ChloridesTmg/l250a250
ChlorineTµg/l4,000a--
Chlorine dioxideTµg/l800a--
ChloriteTµg/l1,000a--
Chloroacetic acid6Tµg/l60a--
ChlorobenzeneTµg/l100a100
Chlorodibromomethane5Tµg/l4.04.0
Bis(2-Chloro-1-methylethyl) etherTµg/l200200
Bis(2-Chloroethyl) ether5Tµg/l0.300.30
Chloroform5Tµg/l5757
bis(2-Chloroisopropyl) etherTµg/l1,4001,400
bis(2-Chloromethyl) ether5Tµg/l0.00150.0015
2-ChloronaphthaleneTµg/l800800
2-ChlorophenolTµg/l3030
ChromiumTRµg/l100a--
Chrysene5Tµg/l0.0380.038
Cyanidefreeµg/l4.04.0
2,4-D (2,4-Dichlorophenoxy-acetic acid)Tµg/l70a1,300
DalaponTµg/l200a--
4,4'-DDD5Tµg/l0.00120.0012
4,4'-DDE5Tµg/l0.000180.00018
4,4'-DDT5Tµg/l0.00030.0003
Dibenzo (a,h) anthracene5Tµg/l0.00120.0012
DibromochloropropaneTµg/l0.2a--
Di-n-butyl phthalateTµg/l2020
Dichloroacetic acid6Tµg/l60a--
1,2-DichlorobenzeneTµg/l420420
1,3-DichlorobenzeneTµg/l7.07.0
1,4-DichlorobenzeneTµg/l6363
3,3'-Dichlorobenzidine5Tµg/l0.210.21
Dichlorobromomethane5Tµg/l5.55.5
1,2-Dichloroethane5Tµg/l3.83.8
1,1-Dichloroethylene5Tµg/l7.0a300
cis-1,2-DichloroethyleneTµg/l70a--
trans-1,2-DichloroethyleneTµg/l100a100
2,4-DichlorophenolTµg/l1010
1,2-Dichloropropane5Tµg/l5.0a5.0
1,3-Dichloropropene5Tµg/l2.72.7
Dieldrin5Tµg/l1.2*10-51.2*10-5
Di (2-ethylhexyl) adipateTµg/l400a--
Diethyl phthalateTµg/l600600
2,4-DimethylphenolTµg/l100100
Dimethyl phthalateTµg/l2,0002,000
4,6-Dinitro-o-cresol (4,6- Dinitro-2-methylphenol)Tµg/l2.02.0
Dinitrophenols4Tµg/l1010
2,4-Dinitrotoluene5Tµg/l0.490.49
2,4-DinitrophenolTµg/l1010
DinosebTµg/l7.0a--
1,2-DiphenylhydrazineTµg/l0.300.30
DiquatTµg/l20a--
Dissolved solidsTmg/l750/500a,b--
alpha-Endosulfan7Tµg/l2020
beta-Endosulfan7Tµg/l2020
Endosulfan sulfate7Tµg/l2020
EndothallTµg/l100a--
Endrin8Tµg/l0.030.03
Endrin aldehyde8Tµg/l0.290.29
EthylbenzeneTµg/l6868
Ethylene dibromide (EDB)Tµg/l0.050a--
bis (2-Ethylhexyl) phthalate5Tµg/l3.23.2
FluorantheneTµg/l2020
FluoreneTµg/l5050
FluorideTµg/l1,0001,000
GlyphosateTµg/l700a--
Heptachlor5Tµg/l5.9*10-55.9*10-5
Heptachlor epoxide5Tµg/l0.000320.00032
Hexachlorobenzene5Tµg/l0.000790.00079
Hexachlorobutadiene5Tµg/l0.10.1
alpha-Hexachlorocyclohexane5Tµg/l0.00360.0036
beta-Hexachlorocyclohexane5Tµg/l0.080.08
gamma-Hexachlorocyclohexane (Lindane)Tµg/l0.20a0.98
Hexachlorocyclohexane - technical grade5Tµg/l0.0660.066
HexachlorocyclopentadieneTµg/l4.04.0
Hexachloroethane5Tµg/l1.01.0
Indeno (1,2,3-c,d) pyrene5Tµg/l0.0120.012
IronSµg/l300a--
Isophorone5Tµg/l340340
MercuryTRµg/l0.0120.012
MethoxychlorTµg/l0.020.02
Methyl bromideTµg/l4747
3-Methyl-4-chlorophenolTµg/l500500
Methylene chloride5Tµg/l5.0a46
NickelTRµg/l610610
Nitrate-N + Nitrite-NTµg/l10,000a10,000
Nitrite-NTµg/l1,000a1,000
NitrobenzeneTµg/l1010
Nitrosoamines5Tµg/l0.00800.0080
N-Nitrosodibutylamine5Tµg/l0.0630.063
N-Nitrosodiethylamine5Tµg/l0.00800.0080
N-Nitrosodimethylamine5Tµg/l0.00690.0069
N-Nitrosodi-n-propylamine5Tµg/l0.0500.050
N-Nitrosodiphenylamine5Tµg/l3333
N-Nitrosodipyrrolidine5Tµg/l0.160.16
Oxamyl (Vydate)Tµg/l200a--
PentachlorobenzeneTµg/l0.10.1
Pentachlorophenol5Tµg/l0.30.3
PhenolTµg/l4,0004,000
PhenolicsTµg/l5.0--
PicloramTµg/l500a--
Polychlorinated biphenyls5Tµg/l0.000640.00064
PyreneTµg/l2020
SeleniumTRµg/l50a170
SilverTµg/l5050
Silvex (2, 4, 5-TP, 2- [2, 4, 5-Trichlorophenoxy] propionic acidTµg/l50a100
SimazineTµg/l4.0a--
StyreneTµg/l100a--
SulfatesTmg/l250a--
1, 2, 4, 5-TetrachlorobenzeneTµg/l0.030.03
2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin5Tµg/l5.0*10-85.0*10-8
1, 1, 2, 2-Tetrachloroethane5Tµg/l1.71.7
Tetrachloroethylene5Tµg/l5.0a6.9
ThalliumTRµg/l1.71.7
TolueneTµg/l5757
Toxaphene5Tµg/l0.00280.0028
Trichloroacetic acid6Tµg/l60a--
1, 2, 4-Trichlorobenzene5Tµg/l0.710.71
1, 1, 1-TrichloroethaneTµg/l200a10,000
1, 1, 2-Trichloroethane5Tµg/l5.0a5.5
Trichloroethylene5Tµg/l5.0a6.0
2, 4, 5-TrichlorophenolTµg/l300300
2, 4, 6-Trichlorophenol5Tµg/l1414
Vinyl chloride5Tµg/l0.220.22
XylenesTµg/l10,000a--
ZincTµg/l7,4007,400
1 S = soluble; T = total; TR = total recoverable.
2 mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion); Mf/l = million fibers per liter.
3 OMZA = outside mixing zone average. Criteria in the "Intakes" column apply within five hundred yards of drinking water intakes. Criteria in the "Elsewhere" column apply at all other locations.
4The criteria for this chemical apply to the sum of all dinitrophenols.
5Criteria for this chemical are based on a carcinogenic endpoint.
6The criterion for this chemical applies to the sum of chloroacetic acid, dichloroacetic acid and trichloroacetic acid.
7The criteria for this chemical apply to the sum of alpha-endosulfan, beta-endosulfan and endolsufan sulfate.
8The criteria for this chemical apply to the sum of endrin and endrin aldehyde.
aThis criterion is the maximum contaminant level (MCL) developed under the "Safe Drinking Water Act".
bEquivalent 25°C specific conductance values are 1200 micromhos/cm as a maximum and 800 micromhos/cm as a thirty-day average.
PA state line to Greenup Lock and Dam (RM 341.1)PA state line to Greenup Lock and Dam (RM 341.1)Greenup Lock and Dam (RM 341.1) to IN state lineGreenup Lock and Dam (RM 341.1) to IN state line
Month/datePeriod Average (ºF)Instantaneous Maximum (ºF)Period Average (ºF)Instantaneous Maximum (ºF)
January 1 - 3145.747.046.847.2
February 1 - 2943.946.347.952.8
March 1 - 3151.256.457.462.4
April 1 -3061.266.366.971.1
May 1 -3171.276.576.481.4
June 1 - 1478.881.083.585.7
June 15 - 3087.087.087.087.0
July 1 -3189.089.089.089.0
August 1- 3189.089.089.089.0
September 1 - 1587.087.087.087.0
September 16 - 3081.083.184.787.0
October 1 - 3174.178.376.781.6
November 1 - 3065.069.066.270.8
December 1 -3155.860.055.660.4

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/18/2026
Prior Effective Dates: 4/4/1985, 5/1/1990
Rule 3745-1-33 | Water quality criteria for water supply use designations.
 

[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) Human health water quality criteria [public water supply].

(1) The chemical specific criteria listed in table 33-1 of this rule, or site-specific modifications thereof, apply as "Outside Mixing Zone Averages" and shall apply to all water bodies located within five hundred yards of drinking water intakes. For the purpose of setting water quality based effluent limits, these criteria shall be met after the effluent and the receiving water are reasonably well mixed as provided in rules 3745-1-06 and 3745-2-05 of the Administrative Code.

(2) Water bodies located within the Ohio river drainage basin. Any methodologies and procedures acceptable under 40 C.F.R. 131, effective July 1, 2019 may be used when developing or revising human health water quality criteria or implementing narrative criteria contained in rule 3745-1-04 of the Administrative Code. For any pollutant for which it is demonstrated that a methodology or procedure cited in this rule 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.

(3) Water bodies located within the lake Erie drainage basin. The methodologies contained in rules 3745-1-41 and 3745-1-42 of the Administrative Code shall be used when adopting or revising numeric human health criteria and when implementing the narrative water quality criteria contained in rule 3745-1-04 of the Administrative Code. For pollutants listed in table 33-2 of this rule, any methodologies and procedures acceptable under 40 C.F.R. 131 may be used when developing water quality criteria or implementing narrative criteria. For any pollutant other than those in table 33-2 of this rule, for which it is demonstrated that a methodology or procedure cited in this rule 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.

OMZA3
ChemicalForm1Units2Drinking
Ohio riverLake Erie
AcenaphtheneTµg/l70
AcroleinTµg/l3.0
Acrylonitrile5Tµg/l0.51
Alachlor Tµg/l2.0a2.0a
Aldrin5Tµg/l7.7*10-6
AnthraceneTµg/l300
Antimony5TRµg/l5.66.0a
ArsenicTRµg/l10a10a
AsbestosTMf/l7.0a7.0a
AtrazineTµg/l3.0a3.0a
Barium5TRµg/l1,0002,000a
Benzene5Tµg/l5.0a5.0a
Benzidine5Tµg/l0.00086
Benzo(a)anthracene5Tµg/l0.0120.2a
Benzo(a)pyrene5Tµg/l0.0012
Benzo(b)fluoranthene5Tµg/l0.012
Benzo(k)fluoranthene5Tµg/l0.038
BerylliumTRµg/l4.0a4.0a
BromateTµg/l10a10a
Bromoform (Tribromomethane)5Tµg/l43
Butylbenzyl phthalateTµg/l0.10
CadmiumTRµg/l5.0a5.0a
CarbofuranTµg/l40a40a
Carbon tetrachloride5Tµg/l2.35.0a
ChloramineTµg/l4,000a4,000a
Chlordane5Tµg/l0.00310.00025
ChloridesTmg/l250a250a
ChlorineTµg/l4,000a4,000a
Chlorine dioxideTµg/l800a800a
ChloriteTµg/l1,000a1,000a
Chloroacetic acid6Tµg/l60a60a
ChlorobenzeneTµg/l100a100a
Chlorodibromomethane5Tµg/l4.0
Bis(2-Chloro-1-methylethyl) etherTµg/l200
Bis(2-Chloroethyl)ether5Tµg/l0.30
Chloroform5Tµg/l57
bis(2-Chloroisopropyl)etherTµg/l1,400
bis(2-Chloromethyl)ether5Tµg/l0.0015
2-ChloronaphthaleneTµg/l800
2-ChlorophenolTµg/l30
ChromiumTRµg/l100a100a
Chrysene5Tµg/l0.038
Cyanidefreeµg/l4.04.0
2,4-D (2,4-Dichlorophenoxy-acetic acid) Tµg/l70a70a
DalaponTµg/l200a200a
4,4'-DDD5Tµg/l0.0012
4,4'-DDE5Tµg/l0.00018
4,4'-DDT5Tµg/l0.00030.00015
Dibenzo(a,h)anthracene5Tµg/l0.0012
DibromochloropropaneTµg/l0.2a0.2a
Di-n-butyl phthalateTµg/l20
Dichloroacetic acid6Tµg/l60a60a
1,2-DichlorobenzeneTµg/l420600a
1,3-DichlorobenzeneTµg/l7.0
1,4-DichlorobenzeneTµg/l6375a
3,3'-Dichlorobenzidine5Tµg/l0.21
Dichlorobromomethane5Tµg/l5.5
1,2-Dichloroethane5Tµg/l3.85.0a
1,1-Dichloroethylene5Tµg/l0.577.0a
cis-1,2-DichloroethyleneTµg/l70a70a
trans-1,2-DichloroethyleneTµg/l100a100a
2,4-DichlorophenolTµg/l10
1,2-Dichloropropane5Tµg/l5.0a5.0a
1,3-DichloropropeneTµg/l2.7
Dieldrin5Tµg/l1.2*10-50.0000065
Di(2-ethylhexyl)adipateTµg/l400a400a
Diethyl phthalateTµg/l600
2,4-DimethylphenolTµg/l100100
Dimethyl phthalateTµg/l2,000
4,6-Dinitro-o-cresol (4,6-Dinitro-2-methylphenol) Tµg/l2.0
Dinitrophenols4Tµg/l10
2,4-DinitrophenolTµg/l1010
2,4-Dinitrotoluene5Tµg/l0.49
DinosebTµg/l7.0a7.0a
1,2-Diphenylhydrazine5Tµg/l0.30
DiquatTµg/l20a20a
Dissolved solidsTmg/l750/500a,b750/500a,b
alpha-Endosulfan7Tµg/l20
beta-Endosulfan7Tµg/l20
Endosulfan sulfate7Tµg/l20
EndothallTµg/l100a100a
Endrin8Tµg/l0.032.0a
Endrin aldehyde8Tµg/l0.29
EthylbenzeneTµg/l68700a
Ethylene dibromide (EDB)Tµg/l0.050a0.050a
bis(2-Ethylhexyl)phthalate5Tµg/l3.26.0a
FluorantheneTµg/l20
FluoreneTµg/l50
FluorideTµg/l1,0004,000a
GlyphosateTµg/l700a700a
Heptachlor5Tµg/l5.9*10-50.4a
Heptachlor epoxide5Tµg/l0.000320.2a
Hexachlorobenzene5Tµg/l0.000790.00045
Hexachlorobutadiene5Tµg/l0.10
alpha-Hexachlorocyclohexane5Tµg/l0.0036
beta-Hexachlorocyclohexane5Tµg/l0.08
gamma-Hexachlorocyclohexane (Lindane)5Tµg/l0.200.20a
Hexachlorocyclohexane - technical grade5Tµg/l0.066
HexachlorocyclopentadieneTµg/l4.050a
Hexachloroethane5Tµg/l1.01.0
Indeno(1,2,3-c,d)pyrene5Tµg/l0.012
IronSµg/l300a300a
Isophorone5Tµg/l340
MercuryTRµg/l0.0120.0031
MethoxychlorTµg/l0.0240a
Methyl bromideTµg/l47
3-Methyl-4-chlorophenolTµg/l500
Methylene chloride5Tµg/l5.0a5.0a
NickelTRµg/l610
Nitrate-N + Nitrite-NTµg/l10,000a10,000a
Nitrite-NTµg/l1,000a1,000a
NitrobenzeneTµg/l10
Nitrosoamines5Tµg/l0.0080
N-Nitrosodibutylamine5Tµg/l0.063
N-Nitrosodiethylamine5Tµg/l0.0080
N-Nitrosodimethylamine5Tµg/l0.0069
N-Nitrosodi-n-propylamine5Tµg/l0.050
N-Nitrosodiphenylamine5Tµg/l33
N-Nitrosodipyrrolidine5Tµg/l0.16
Oxamyl (Vydate)Tµg/l200a200a
PentachlorobenzeneTµg/l0.1
Pentachlorophenol5Tµg/l0.31.0a
PhenolTµg/l4,000
PicloramTµg/l500a500a
Polychlorinated biphenyls5Tµg/l0.000640.000026
PyreneTµg/l20
SeleniumTRµg/l50a50a
Silvex (2,4,5-TP, 2-[2,4,5-Trichlorophenoxy]propionic acidTµg/l1050a
SimazineTµg/l4.0a4.0a
StyreneTµg/l100a100a
SulfatesTmg/l250a250a
1,2,4,5-TetrachlorobenzeneTµg/l0.03
2,3,7,8-Tetrachlorodibenzo-p-dioxin5Tµg/l5.0*10-85.0*10-8
1,1,2,2-Tetrachloroethane5Tµg/l1.7
Tetrachloroethylene5Tµg/l5.0a5.0a
ThalliumTRµg/l1.7
TolueneTµg/l5757
Toxaphene5Tµg/l0.00280.000068
Trichloroacetic acid6Tµg/l60a60a
1,2,4-Trichlorobenzene5Tµg/l0.7170a
1,1,1-TrichloroethaneTµg/l200a200a
1,1,2-Trichloroethane5Tµg/l5.0a5.0a
Trichloroethylene5Tµg/l5.0a5.0a
2,4,5-TrichlorophenolTµg/l300
2,4,6-Trichlorophenol5Tµg/l14
Vinyl chloride5Tµg/l0.222.0a
XylenesTµg/l10,000a10,000a
ZincTµg/l7,400

1 S = soluble; T = total; TR = total recoverable.

2 mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion); Mf/l = million fibers per liter.

3 OMZA = outside mixing zone average.

4 The criteria for this chemical apply to the sum of all dinitrophenols.

5 Criteria for this chemical are based on a carcinogenic endpoint.

6 The criterion for this chemical applies to the sum of chloroacetic acid, dichloroacetic acid and trichloroacetic acid.

7 The criteria for this chemical apply to the sum of alpha-endosulfan, beta-endosulfan and endosulfan sulfate.

8 The criteria for this chemical apply to the sum of endrin and endrin aldehyde.

a This criterion is the maximum contaminant level (MCL) developed under the "Safe Drinking Water Act".

b Equivalent 25ºC specific conductance values are 1200 micromhos/cm as a maximum and 800 micromhos/cm as a thirty day average.

Alkalinity
Ammonia
Bacteria
Biochemical oxygen demand (BOD)
Chlorine
Color
Dissolved oxygen
Dissolved solids
pH
Phosphorus
Salinity
Temperature
Total and suspended solids
Turbidity

(B) Agricultural water supply criteria.

(1) The chemical-specific criteria listed in table 33-3 of this rule apply as "Outside Mixing Zone Averages." For the purpose of setting water quality based effluent limits, the criteria shall be met after the effluent and the receiving water are reasonably well mixed as provided in rules 3745-1-06 and 3745-2-05 of the Administrative Code.

(2) The water quality criteria for the protection of agricultural uses, or site-specific modifications thereof, adopted in, or developed pursuant to, this rule shall apply outside the mixing zone to all water bodies assigned the agricultural water supply use designation.

(3) For any pollutant in table 33-3 of this rule 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.

ChemicalForm1Units2OMZA3
ArsenicTRµg/l100
BerylliumTRµg/l100
CadmiumTRµg/l50
Total chromiumTRµg/l100
CopperTRµg/l500
FluorideTµg/l2,000
IronTRµg/l5,000
LeadTRµg/l100
MercuryTRµg/l10
NickelTRµg/l200
Nitrates+nitritesTmg/l100
SeleniumTRµg/l50
ZincTRµg/l25,000

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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/18/2026
Prior Effective Dates: 8/19/1985, 5/1/1990, 7/31/1998, 7/31/1999, 10/1/2014, 2/6/2017
Rule 3745-1-34 | Water quality criteria for the protection of human health [fish consumption].
 

[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) The chemical specific criteria listed in table 34-1 of this rule, or site-specific modifications thereof, apply as "Outside Mixing Zone Averages" and shall apply to all water bodies. For the purpose of setting water quality based effluent limits, these criteria shall be met after the effluent and the receiving water are reasonably well mixed as provided in rules 3745-1-06 and 3745-2-05 of the Administrative Code.

(B) Water bodies located within the Ohio river drainage basin. Any methodologies and procedures acceptable under 40 C.F.R. 131, effective July 1, 2019 may be used when developing or revising human health water quality criteria or implementing narrative criteria contained in rule 3745-1-04 of the Administrative Code. For any pollutant for which it is demonstrated that a methodology or procedure cited in this rule 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.

(C) Water bodies located within the lake Erie drainage basin. The methodologies contained in rules 3745-1-41 and 3745-1-42 of the Administrative Code shall be used when adopting or revising numeric human health criteria and when implementing the narrative water quality criteria contained in rule 3745-1-04 of the Administrative Code. For pollutants listed in table 34-2 of this rule, any methodologies and procedures acceptable under 40 C.F.R. 131 may be used when developing water quality criteria or implementing narrative criteria. For any pollutant other than those in table 33-2 of this rule, for which it is demonstrated that a methodology or procedure cited in this rule 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.

OMZA3
ChemicalForm1Units2Ohio riverLake Erie
AcenaphtheneTµg/l90--
AcroleinTµg/l400--
Acrylonitrile5Tµg/l70--
Aldrin5Tµg/l7.7*10-6--
AnthraceneTµg/l400--
AntimonyTRµg/l640--
Benzene5Tµg/l160160
Benzidine5Tµg/l0.11--
Benzo(a)anthracene5Tµg/l0.013--
Benzo(a)pyrene5Tµg/l0.0013--
Benzo(b)fluoranthene5Tµg/l0.013--
Benzo(k)fluoranthene5Tµg/l0.13--
BerylliumTRµg/l280--
Bromoform5Tµg/l1,200--
Butylbenzyl phthalateTµg/l1.0--
Carbon tetrachloride5Tµg/l50--
Chlordane5Tµg/l0.00320.00025
ChlorobenzeneTµg/l800800
Chlorodibromomethane5Tµg/l210--
Bis(2-Chloro-1-methylethyl)etherTµg/l4,000
Bis(2-Chloroethyl)ether5Tµg/l22--
Chloroform5Tµg/l20,000--
bis(2-Chloromethyl)ether5Tµg/l0.17--
2-ChloronaphthaleneTµg/l1,000--
2-ChlorophenolTµg/l800--
Chrysene5Tµg/l1.3--
Cyanidefreeµg/l400400
2,4-D (2,4-Dichlorophenoxy-acetic acid)Tµg/l12,000
4,4'-DDD5Tµg/l0.0012--
4,4'-DDE5Tµg/l0.00018--
4,4'-DDT5Tµg/l0.00030.00015
Dibenzo(a,h)anthracene5Tµg/l0.0013--
Di-n-butyl phthalateTµg/l30--
1,2-DichlorobenzeneTµg/l3,000--
1,3-DichlorobenzeneTµg/l10--
1,4-DichlorobenzeneTµg/l900--
3,3'-Dichlorobenzidine5Tµg/l1.5--
Dichlorobromomethane5Tµg/l270--
1,2-Dichloroethane5Tµg/l6,500--
1,1-DichloroethyleneTµg/l20,000--
trans-1,2-DichloroethyleneTµg/l4,000--
2,4-DichlorophenolTµg/l60--
1,2-Dichloropropane5Tµg/l310--
1,3-Dichloropropene5Tµg/l120--
Dieldrin5Tµg/l1.2*10-50.0000065
Diethyl phthalateTµg/l600--
2,4-DimethylphenolTµg/l3,0003,000
Dimethyl phthalateTµg/l2,000--
4,6-Dinitro-o-cresol (4,6-Dinitro-2-methylphenol) Tµg/l30--
Dinitrophenols4Tµg/l1,000
2,4-DinitrophenolTµg/l300300
2,4-Dinitrotoluene5Tµg/l17--
1,2-Diphenylhydrazine5Tµg/l2.0--
alpha-Endosulfan6Tµg/l30--
beta-Endosulfan6Tµg/l40--
Endosulfan sulfate6Tµg/l40--
Endrin6Tµg/l0.03--
Endrin aldehyde6Tµg/l1.0--
EthylbenzeneTµg/l130--
bis(2-Ethylhexyl)phthalate5Tµg/l3.7--
FluorantheneTµg/l20--
FluoreneTµg/l70--
Heptachlor5Tµg/l5.9*10-5--
Heptachlor epoxide5Tµg/l0.00032--
Hexachlorobenzene5Tµg/l0.000790.00045
Hexachlorobutadiene5Tµg/l0.1--
alpha-Hexachlorocyclohexane5Tµg/l0.0039--
beta-Hexachlorocyclohexane5Tµg/l0.14--
gamma-Hexachlorocyclohexane (Lindane)5Tµg/l440.50
Hexachlorocyclohexane - technical grade5Tµg/l0.1--
HexachlorocyclopentadieneTµg/l4.0--
Hexachloroethane5Tµg/l1.01.0
Indeno(1,2,3-c,d)pyrene5Tµg/l0.013--
Isophorone5Tµg/l18,000--
MethoxychlorTµg/l0.02
MercuryTRµg/l0.0120.0031
3-Methyl-4-ChlorophenolTRµg/l2,000
Methyl bromideTµg/l10,000--
Methylene chloride5Tµg/l10,0002,600
NickelTRµg/l4,600--
NitrobenzeneTµg/l600--
Nitrosoamines5Tµg/l12.4--
N-Nitrosodibutylamine5Tµg/l2.2--
N-Nitrosodiethylamine5Tµg/l12.4--
N-Nitrosodimethylamine5Tµg/l30--
N-Nitrosodi-n-propylamine5Tµg/l5.1--
N-Nitrosodiphenylamine5Tµg/l60--
N-Nitrosodipyrrolidine5Tµg/l340--
PentachlorobenzeneTµg/l0.1--
Pentachlorophenol5Tµg/l0.4--
PhenolTµg/l300,000--
Polychlorinated biphenyls5Tµg/l0.000640.000026
PyreneTµg/l30--
SeleniumTRµg/l4,200--
Silvex (2,4,5-Trichlorophenoxypropionic acid)Tµg/l400
1,2,4,5-TetrachlorobenzeneTµg/l0.03--
2,3,7,8-Tetrachlorodibenzo-p-dioxin5Tpg/l0.0510.0086
1,1,2,2-Tetrachloroethane5Tµg/l30--
Tetrachloroethylene5Tµg/l290--
TolueneTµg/l520520
Toxaphene5Tµg/l0.00710.000068
1,2,4-Trichlorobenzene5Tµg/l0.76--
1,1,1-TrichloroethaneTµg/l200,000
1,1,2-Trichloroethane5Tµg/l89--
Trichloroethylene5Tµg/l7070
2,4,5-TrichlorophenolTµg/l600--
2,4,6-Trichlorophenol5Tµg/l28--
Vinyl chloride5Tµg/l16--
ZincTµg/l26,000--

1 S = soluble; T = total; TR = total recoverable.

2 mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per billion); pg/l = picograms per liter (parts per quadrillion).

3 OMZA = outside mixing zone average.

4 The criteria for this chemical apply to the sum of all dinitrophenols.

5 Criteria for this chemical are based on a carcinogenic endpoint.

6 The criteria for this chemical apply to the sum of alpha-endosulfan, beta-endosulfan and endosulfan sulfate.

7 The criteria for this chemical apply to the sum of endrin and endrin aldehyde.

Alkalinity
Ammonia
Bacteria
Biochemical oxygen demand (BOD)
Chlorine
Color
Dissolved oxygen
Dissolved solids
pH
Phosphorus
Salinity
Temperature
Total and suspended solids
Turbidity

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 1/18/2026
Prior Effective Dates: 4/4/1985, 8/19/1985, 5/1/1990, 7/31/1998
Rule 3745-1-35 | Site-specific modifications to criteria and values.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated April 25, 2021 at 10:59 AM

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 4/26/1997, 7/31/1999, 2/22/2002, 12/30/2002
Rule 3745-1-37 | Water quality criteria for recreation use designations and aesthetic conditions.
 

[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) General information.

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 3745-1-06 and 3745-2-05 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.

(B) Aesthetic conditions.

(1) The water quality criteria for the protection against adverse aesthetic conditions, or site-specific modifications thereof, shall apply as follows:

(a) The "Inside Mixing Zone Maximum" and "Outside Mixing Zone Maximum" water quality criteria, or site-specific modifications thereof, shall apply to all water bodies.

(b) The "Drinking" water quality criteria shall apply to all water bodies within five hundred yards of drinking water intakes.

(2) 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.

ChemicalForm1Units2IMZM3OMZM3Drinking
2-ChlorophenolTg/l----0.1a
2,4-DichlorophenolTg/l----0.3a
MBAS (foaming agents)Tmg/l--0.50--
Oil & greaseTmg/l--10b--
PhenolTg/l----1.0a
PhosphorusTmg/lC--C

1 T= total.

2 mg/l = milligrams per liter (parts per million); g/l = micrograms per liter (parts per billion).

3 IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum.

a This criterion is based on the protection against organoleptic (taste or odor) effects.

b Surface 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 on the biota will not be permitted.

c Total 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).

(C) Recreation.

(1) The water quality criteria for the protection of recreational uses shall apply outside the mixing zone to all water bodies assigned a recreation use designation.

Recreation useE. coli (colony counts per 100 ml)
90-day geometric meanStatistical threshold value1
Bathing water126410a
Primary contact recreation126410
Secondary contact recreation10301030

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.

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.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 4/4/1985, 8/19/1985, 10/31/1997, 7/31/1999, 2/22/2002, 12/30/2002
Rule 3745-1-38 | Variances from water quality standards for point sources.
 

[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) Applicability. The director may grant a variance to a water quality standard (WQS, where WQS, for the purpose of this rule, means criteria and tier II values adopted in or developed under this chapter) which is the basis of a water quality-based effluent limit (WQBEL) included in a national pollutant discharge elimination system (NPDES) permit. A WQS variance applies only to the permittee requesting the variance and only to the pollutant or pollutants specified in the variance. A variance does not affect, or require the director to modify, the corresponding water quality standard for the water body. All variance requests and approvals must comply with applicable portions of rule 3745-1-05 of the Administrative Code. This rule shall not apply to any of the following:

(1) To any building, structure, facility, or installation from which there is or may be a "discharge of pollutants" (as defined in 40 C.F.R. 122.2), the construction of which commenced after March 23, 1997, unless:

(a) Such a discharge occurs as a result of a response or remedial action taken pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, or the Ohio EPA voluntary action program (VAP).

(b) WQS or method detection limit is issued, modified, or adopted after the NPDES permit for the discharge is issued.

(c) The discharge results from rerouting all or a portion of an existing permitted discharge to a new discharge point that discharges to the same body of water, and there is a pollutant reduction in the discharge being rerouted.

(d) A new or expanded discharge of bioaccumulative chemicals of concern from a publicly owned treatment works or sewerage system is necessary to prevent or mitigate a public health threat to the community.

(e) The discharge occurs as a result of an overall reduction in emissions of a pollutant from a facility existing as of March 23, 1997 to air, waters of the state or other media to which people or aquatic life are exposed.

(2) To any source for which an NPDES permit was revoked or not renewed and for which a new NPDES permit has been subsequently issued, except that such a source may be eligible to receive a variance if WQS or method detection limit is issued, modified, or adopted after the source's new NPDES permit is issued.

(3) If the variance would likely jeopardize the continued existence of any threatened or endangered species as defined in rule 3745-1-02 of the Administrative Code or result in the destruction or adverse modification of such species' critical habitat.

(4) If WQS will be attained by implementing effluent limits required under sections 301(b) and 306 of the act as defined in rule 3745-33-01 of the Administrative Code and by the permittee implementing cost-effective and reasonable best management practices for nonpoint source control over which the permittee has control.

(B) Maximum time frame for variances. A WQS variance shall not exceed five years or the term of the NPDES permit, whichever is less, with the exception that a WQS variance may remain in effect beyond the term of the NPDES permit if, at least one hundred eighty days prior to the date of expiration of the NPDES permit, the applicant submits to the director an application for renewal of the NPDES permit, in accordance with Chapter 119. of the Revised Code and paragraph (C) of rule 3745-33-04 of the Administrative Code, and an application for renewal of the variance in accordance with paragraph (H) of this rule. Such a variance shall remain in effect until the director issues a final action on the NPDES permit renewal application unless the application for renewal of the variance is not substantially complete or not submitted within the time required in this paragraph, or unless the permittee did not substantially comply with the conditions of the existing variance. The director shall review and modify as necessary WQS variances as part of each WQS review pursuant to section 303(c) of the act.

(C) Conditions to grant a variance.

(1) Except as provided in paragraph (J) of this rule, a variance may be granted if the director determines, based on data and information provided by the permittee or data and information independently available to the director, that attainment of the WQS is not feasible because of any of the following:

(a) Naturally occurring pollutant concentrations prevent the attainment of the WQS.

(b) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the WQS, unless these conditions may be compensated for by the discharge of sufficient volume of effluent to enable WQS to be met.

(c) Human-caused conditions or sources of pollution prevent the attainment of the WQS and cannot be remedied, or would cause more environmental damage to correct than to leave in place.

(d) Dams, diversions or other types of hydrologic modifications preclude the attainment of the WQS, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the WQS.

(e) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate cover, flow, depth, pools, riffles, and the like, unrelated to chemical water quality, preclude attainment of WQS.

(f) Controls more stringent than those required by sections 301(b) and 306 of the act would result in substantial and widespread economic and social impact. When evaluating substantial and widespread economic and social impact, the director shall consider, at a minimum, all of the following factors:

(i) The costs, cost-effectiveness (measured in dollars per pound equivalent), and affordability of pollutant removal that would result from implementing measures capable of attaining the WQS.

(ii) The reduction in concentrations and loadings attainable by using measures capable of attaining the WQS.

(iii) The financial effects on the permittee of implementing measures capable of attaining the WQS.

(iv) The type and magnitude of adverse or beneficial environmental impacts resulting from implementing measures capable of attaining the WQS.

(v) The overall impact on employment at the facility and on the economy of the area in which the discharger is located resulting from implementing measures capable of attaining the WQS.

(2) In addition to the requirements of paragraph (C)(1) of this rule, the permittee shall do the following:

(a) Show that the variance requested complies with the antidegradation requirements of rule 3745-1-05 of the Administrative Code.

(b) Characterize the extent of any increased risk to human health and the environment associated with granting the variance compared with compliance with the WQS absent the variance, such that the director is able to conclude that any such increased risk is consistent with the protection of the public health, safety, and welfare.

(D) Submittal of variance application. The permittee shall submit an application for a variance to Ohio EPA. The variance application shall be considered a separate application from the NPDES permit application. The variance application shall include the following:

(1) All relevant information demonstrating that attaining the WQS is not feasible based on one or more of the conditions in paragraph (C)(1) of this rule.

(2) All relevant information demonstrating compliance with the conditions in paragraph (C)(2) of this rule.

(3) An attachment to the application that includes the following information, at a minimum, if the applicant is requesting a variance under paragraph (C)(1)(f) of this rule:

(a) For municipal dischargers:

(i) A general plan including a brief description of existing facilities; a brief description of lowest cost improvements to attain WQS; capital cost of improvements; and total annual operation and maintenance cost of facility after improvements.

(ii) Existing rate structure with a copy of the authorizing ordinance.

(iii) Audited financial reports for the previous five years.

(iv) Average daily flow for the following: total, residential, commercial, industrial, institutional/other, inflow and infiltration.

(v) Number of residential customers and non-residential customers served by the facility.

(vi) Any information that may indicate conditions in paragraph (C)(1) of this rule for granting a variance.

(b) For industrial dischargers:

(i) General plan including brief description of existing facilities; brief description of lowest cost improvements to attain WQS; capital cost of improvements; total operation and maintenance cost of facility after improvements.

(ii) Audited annual financial reports for the facility from the most recent five years.

(iii) Standard industrial classification for facility.

(iv) Total number of employees and total annual salary/wage/overhead costs.

(v) Any information that may indicate conditions for granting a variance.

(4) A plan of study if the variance is from a WQS for a bioaccumulative chemical of concern (BCC) in the lake Erie drainage basin. The plan of study shall include the following, at a minimum: data documenting the facility's current influent and effluent concentrations for the BCC; a preliminary identification of potential sources; a proposed schedule for evaluating those sources; and a proposed schedule for identifying and evaluating potential reduction, elimination, and prevention methods.

(E) Public notice of preliminary decision. Upon receipt of a complete application for a variance (or in the case of a variance under paragraph (J) of this rule, the information required by paragraphs (J)(1) and (J)(2) of this rule), and upon making a preliminary decision regarding the variance, the director shall public notice the variance application, the availability of the public record, the availability of the plan of study (if applicable) and the preliminary decision for public comment. For discharges in the lake Erie drainage basin, the other Great Lakes states and tribes shall be notified of the director's preliminary decision. These public notice requirements may be satisfied by including the supporting information for the variance and the preliminary decision in the public notice of a draft NPDES permit.

(F) Final decision on variance request.

(1) The director shall issue a variance or propose to deny a variance in accordance with Chapter 119. of the Revised Code. If all or part of the variance is approved by the director, the decision shall include all permit conditions needed to implement those parts of the variance so approved. Such permit conditions shall, at a minimum, require all of the following:

(a) Compliance with an initial effluent limitation that, at the time the variance is granted, represents the level currently achievable by the permittee, and that is no less stringent than that achieved under the previous permit.

(b) That reasonable progress be made toward attaining the WQS for the water body through appropriate permit conditions. If the variance was approved for a BCC in the lake Erie drainage basin or mercury statewide, the permittee shall develop and implement a pollutant minimization program (PMP) consistent with rule 3745-33-09 of the Administrative Code.

(c) When the duration of a variance is shorter than the duration of a permit, compliance with an effluent limitation sufficient to meet the underlying WQS upon the expiration of said variance.

(d) A provision that allows the director to reopen and modify the permit based on any Ohio EPA WQS revisions to the variance.

(e) Such monitoring or analyses as are necessary in order to assess the impact of the variance on public health, safety, and welfare, that may include tests of the amount of the variance parameter in the discharger's influent and effluent, in fish tissue of resident species in the receiving water, or in the sediments in the vicinity of the discharge.

(2) The director shall deny a variance request in accordance with Chapter 119. of the Revised Code if the permittee fails to make the demonstrations required under paragraph (C) of this rule. Permit issuance shall not be affected if the variance is denied. If all, part, or parts of the variance is denied by the director, the decision may include, if necessary, an interim effluent limitation as specified under paragraph (F)(1)(a) of this rule and a compliance schedule to meet final limits, at a minimum.

(G) Incorporating variance into permit. The director shall establish and incorporate into the permittee's NPDES permit all conditions needed to implement the variance as determined under paragraph (F) of this rule.

(H) Renewal of variance. A variance may be renewed, subject to the requirements of paragraphs (A) to (G) of this rule. As part of any renewal application, the permittee shall again demonstrate that attaining WQS is not feasible based on the requirements of paragraph (C) of this rule, unless the variance being renewed was approved under paragraph (J) of this rule. For variances approved under paragraph (J) of this rule, the permittee shall, as a part of any renewal application, resubmit the information required under paragraphs (J)(1) and (J)(2) of this rule, the certification required by paragraph (J)(4)(e) of this rule and the permit, as well as a status report on the progress being made in the pollutant minimization program. The permittee's application also shall contain information concerning its compliance with the conditions incorporated into its permit as part of the previous variance. Reasonable progress shall have been made in implementing the pollutant minimization program under the existing permit prior to renewing variances approved under paragraph (I) or (J) of this rule. The director may deny any variance renewal if the permittee did not comply with the conditions of the previous variance.

(I) Multiple discharger determinations. Where necessary to address widespread WQS nonattainment issues, the director may make determinations about the factors listed in paragraphs (C) and (D) of this rule for a category of dischargers where the director has enough information to determine that variances are necessary for that category according to one or more of the conditions in paragraph (C)(1) of this rule. These determinations and specific application requirements shall be made by rule. Dischargers applying for a variance based on multiple discharger determinations shall submit information demonstrating that the determinations of the director are applicable to the individual discharger.

(J) The director has determined that the average cost to reduce mercury below twelve ng/l from a waste stream through end-of-pipe treatment is in excess of ten million dollars per pound of mercury removed. The director has determined that requiring removal of mercury by construction of end-of-pipe controls to attain mercury WQS, requiring controls more stringent than those required by sections 301(b) and 306 of the act would result in substantial and widespread social and economic impact. The director may determine whether there are other means by which the permittee could comply with the WQBEL without constructing end-of-pipe treatment based on the information provided by the permittee in the application submitted in accordance with this paragraph. The director has also determined that the increased risk to human health and the environment associated with granting the variance compared with compliance with the WQS absent the variance, is consistent with the protection of the public health, safety, and welfare.

(1) The director may grant a variance under paragraph (J) of this rule without giving any additional consideration to the factors specified in paragraphs (C)(1) and (C)(2)(b) of this rule where the director determines all of the following:

(a) That an average mercury WQBEL based on the human health or wildlife criteria adopted in this chapter would be necessary for a particular permittee to comply with water quality standards in the absence of a variance.

(b) That the permittee is not currently complying with the WQBEL and information available from the application required in paragraph (J)(2) of this rule indicates that there is no readily apparent means of complying with the WQBEL without constructing end-of-pipe controls more stringent than those required by sections 301 (b) and 306 of the act.

(c) That the discharger is currently able to achieve or projects that it can achieve an annual average mercury effluent concentration of twelve ng/l within five years of the date that the variance is granted. For the purpose of determining eligibility under paragraph (J) of this rule, the annual average mercury effluent concentration shall be the average of the most recent twelve months of effluent data.

(2) In lieu of complying with the requirements of paragraph (D) of this rule, a discharger seeking a variance under paragraph (J) of this rule shall submit to the director an application containing the following information in writing:

(a) A certification that the discharger intends to be subject to the terms of paragraph (J) of this rule.

(b) A description of measures taken to date for mercury reduction or elimination projects.

(c) A plan of study for the identification and evaluation of potential mercury sources and potential methods for reducing or eliminating mercury from the discharger's effluent. The plan of study shall include the following, at a minimum: data documenting the facility's current influent and effluent mercury concentrations; identification of all known mercury sources; a description of current plans to reduce or eliminate known sources of mercury; a preliminary identification of other potential mercury sources; a proposed schedule for evaluating the mercury sources; and a proposed schedule for identifying and evaluating potential reduction, elimination, and prevention methods.

(d) An explanation of the discharger's basis for concluding that there are no readily available means of complying with the WQBEL without construction of end-of-pipe controls.

(e) A demonstration of compliance with the conditions in paragraph (C)(2)(a) of this rule.

(3) The director shall deny the applicability of paragraph (J)(1) of this rule to a discharger if the discharger fails to fulfill the requirements specified in paragraphs (J)(1) and (J)(2) of this rule.

(4) If the conditions of paragraphs (J)(1) and (J)(2) of this rule are met, the director shall issue the variance and incorporate the following requirements, at a minimum, into the discharger's NPDES permit:

(a) All conditions required under paragraph (F)(1) of this rule.

(b) A requirement that the discharger's average mercury effluent concentration as defined in paragraph (J)(1) of this rule must remain less than or equal to twelve ng/l after the date specified in the discharger's accepted plan of study for the requirements under this paragraph to be applicable. The requirements of paragraph (J)(6) of this rule shall be included in the permit.

(c) Permit conditions needed to implement the plan of study submitted under paragraph (J)(2)(c) of this rule.

(d) A requirement that the discharger use an approved U.S. EPA analytical method that is capable of quantifying the applicable water quality standard.

(e) A requirement that upon completion of the actions identified in the plan of study and in the PMP required by paragraph (F)(1)(b) of this rule, the permittee shall submit to the director a certification that all permit conditions imposed to implement the plan of study and PMP have been satisfied and shall include in this certification a statement as to whether compliance with the WQBEL has been achieved and can be maintained. This certification shall be accompanied by the following:

(i) All available data documenting the discharger's current influent and effluent mercury concentrations.

(ii) Data documenting all known significant sources of mercury and the steps that have been taken to reduce or eliminate those sources.

(iii) A determination of the lowest mercury concentration that currently available data indicate can be reliably achieved through implementation of the PMP.

(5) Upon receipt of the certification required by paragraph (J)(4)(e) of this rule, the director shall take either of the following actions:

(a) If the permittee certifies that it has achieved and can maintain compliance with the WQBEL, the director shall incorporate the WQBEL into the permit in lieu of the variance either via a permit modification if the permit has not yet expired or as a part of any renewal of the permit if it has expired.

(b) If the permittee certifies that it has not achieved or can not maintain compliance with the WQBEL, the director shall review the data submitted with the certification and such other relevant information as may be available, and:

(i) If the director concurs with the certification, the director shall allow the variance to continue in force if the variance has not expired or renew the variance in accordance with paragraph (H) of this rule if the variance has expired.

(ii) If the director concludes, despite contrary certification by the permittee, that the permittee has achieved and can maintain compliance with the WQBEL, the director shall incorporate the WQBEL into the permit in lieu of the variance via a permit modification if the permit has not yet expired or as a part of any renewal of the permit if it has expired.

(6) If at any time after the date specified in a variance by which the discharger must meet an average annual mercury effluent concentration of twelve ng/l, as defined in paragraph (J)(1) of this rule, or after the director's final approval of the variance renewal, whichever is earlier, the discharger's average mercury effluent concentration as defined in paragraph (J)(1) of this rule exceeds twelve ng/l, the discharger shall submit an individual variance application, if a variance is desired, or request a permit modification for a compliance schedule to attain compliance with the WQBEL. Paragraph (J) of this rule shall no longer apply to the discharger on the date the director acts on the discharger's individual variance application or the date the permit modification becomes effective. The requirements of this paragraph shall not apply to the discharger if the discharger demonstrates to the satisfaction of the director that the mercury level in the discharger's effluent exceeds twelve ng/l due primarily to the presence of mercury in discharger's intake water.

(K) All variances and supporting information shall be made available by the director to the U.S. EPA region V office after the date of the final variance decision.

(L) WQS revisions. All variances shall be distributed with this chapter and shall be made available upon request to all interested parties. The distributed information shall include at a minimum: the discharger receiving the variance; the term (beginning and ending dates) of the variance; the water body or water bodies affected by the variance; the pollutants affected by the variance; and the modified allowable ambient concentration values for those pollutants.

Supplemental Information

Authorized By: 6111.03, 6111.031, 6111.041, 6111.13
Amplifies: 6111.03, 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 4/1/2007
Rule 3745-1-39 | Site-specific modifications to criteria and values.
 

[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) Requirements for site-specific modifications to criteria and values. Criteria and values adopted in, or developed pursuant to, this chapter may be modified on a site-specific basis to reflect local environmental conditions in accordance with the following provisions. Any such modifications shall be protective of designated uses and aquatic life, wildlife and human health and be submitted to the U.S. EPA for approval. Any site-specific modifications shall be based on a sound scientific rationale. In addition, any site-specific modifications that result in less stringent criteria shall not be likely to jeopardize the continued existence of threatened or endangered species or result in the destruction or adverse modification of such species' critical habitat. More stringent modifications shall be developed to protect threatened or endangered species, where such modifications are necessary to ensure that water quality is not likely to jeopardize the continued existence of such species or result in the destruction or adverse modification of such species' critical habitat. More stringent modifications may also be developed to protect candidate (C1) species being considered by the United States fish and wildlife service for listing under section 4 of the Endangered Species Act, where such modifications are necessary to protect such species.

(B) Aquatic life.

(1) Aquatic life criteria or values may be modified on a site-specific basis to provide an additional level of protection where the toxicity or exposure potential is greater than the toxicity or exposure potential assumptions used to derive the criteria or values in question.

(2) Less stringent site-specific modifications to chronic or acute aquatic life criteria or values may be developed when either of the following occur:

(a) The local water quality characteristics (such as, but not limited to, pH, hardness, temperature or color) lessen the biological availability or toxicity of a pollutant.

(b) The sensitivity of the aquatic organisms species that occur at the site differs from the species actually tested in developing the criteria. The phrase "occur at the site" includes the species, genera, families, orders, classes, and phyla that: are usually present at the site; are present at the site only seasonally due to migration; are present intermittently because they periodically return to or extend their ranges into the site; were present at the site in the past and are not currently present at the site due to degraded conditions but are expected to return to the site when conditions improve; are present in nearby bodies of water and are not currently present at the site due to degraded conditions but are expected to be present at the site when conditions improve. The taxa that "occur at the site" cannot be determined merely by sampling downstream and/or upstream of the site at one point in time. "Occur at the site" does not include taxa that were once present at the site but cannot exist at the site now due to permanent physical alteration of the habitat at the site resulting, for example, from dams.

(3) Less stringent modifications also may be developed to acute and chronic aquatic life criteria or values to reflect local physical and hydrological conditions.

(4) Less stringent modifications to the whole effluent toxicity level for limited resource waters, as specified in rule 3745-2-09 of the Administrative Code, may be applied. Documentation provided by the permittee or independently available to the director shall show that the modification, not to exceed 1.0 acute toxic unit, is protective of the resident aquatic community.

(5) Any modifications to protect threatened or endangered aquatic species required by paragraph (A) of this rule may be accomplished using either of the two following procedures:

(a) If the species mean acute value (SMAV) for a listed or proposed species, or for a surrogate of such species, is lower than the calculated final acute value (FAV), such lower SMAV may be used instead of the calculated FAV in developing site-specific modified criteria.

(b) The site-specific criteria may be calculated using the recalculation procedure for site-specific modifications described in chapter 3 of the "U.S. EPA Water Quality Standards Handbook."

(C) Wildlife.

(1) Wildlife water quality criteria may be modified on a site-specific basis to provide an additional level of protection where the toxicity or exposure potential is greater than the toxicity or exposure potential assumptions used to derive the criteria in question.

(2) Less stringent site-specific modifications to wildlife water quality criteria may be developed provided all the following criteria apply:

(a) The modification demonstration addresses both the mobility of prey organisms and wildlife populations in defining the site for which the modification is developed.

(b) The modification reflects a site-specific bioaccumulation factor.

(c) There is a showing that both:

(i) Any increased uptake of the toxicant by prey species utilizing the site will not cause adverse effects in wildlife populations.

(ii) Wildlife populations utilizing the site or downstream waters will continue to be fully protected.

(3) Any modification to protect threatened or endangered wildlife species required by paragraph (A) of this rule must consider both the mobility of prey organisms and wildlife populations in defining the site for which criteria are developed, and may be accomplished by using the following recommended method:

(a) Use the methodology contained in rule 3745-1-43 of the Administrative Code, substituting appropriate species-specific toxicological, epidemiological, or exposure information, including changes to the BAF.

(b) Use an interspecies uncertainty factor of one where epidemiological data are available for the species in question. If necessary, species-specific exposure parameters can be derived in accordance with rule 3745-1-43 of the Administrative Code.

(c) Apply an intraspecies uncertainty factor (to account for protection of individuals within a wildlife population) in the denominator of the effect part of the wildlife equation contained in rule 3745-1-43 of the Administrative Code in a manner consistent with the other uncertainty factors described in rule 3745-1-43 of the Administrative Code.

(d) Compare the resulting wildlife value for the species in question to the two class-specific wildlife values which were previously calculated, then select the lowest of the three as the site-specific modification.

(D) Bioaccumulation factors.

(1) BAFs may be modified on a site-specific basis, pursuant to the methodology contained in rule 3745-1-41 of the Administrative Code, to larger values where reliable data show that local bioaccumulation is greater than the basin-wide value.

(2) BAFs may be modified on a site-specific basis, pursuant to the methodology contained in rule 3745-1-41 of the Administrative Code, to lower values if any of the following occur:

(a) The fraction of the total chemical that is freely dissolved in the ambient water is different than that used to derive the system-wide BAFs (i.e., the concentrations of particulate organic carbon and the dissolved organic carbon are different than those used to derive the system-wide BAFs).

(b) Input parameters of the Gobas model, such as the structure of the aquatic food web and the disequilibrium constant, are different at the site than those used to derive the system-wide BAFs.

(c) The per cent lipid of aquatic organisms that are consumed and occur at the site is different than that used to derive the system-wide BAFs.

(d) Site-specific field-measured BAFs or biota-sediment accumulation factor (BSAFs) are determined.

(3) Any more stringent modifications to protect threatened or endangered species required by paragraph (A) of this rule shall be derived using procedures set forth in the methodology contained in rule 3745-1-41 of the Administrative Code.

(E) Human health.

(1) Human health criteria or values may be modified on a site-specific basis to provide an additional level of protection where the toxicity or exposure potential is greater than the toxicity or exposure potential assumptions used to derive the criteria or values in question. Human health criteria or values shall be modified on a site-specific basis to provide additional protection appropriate for highly exposed subpopulations.

(2) Less stringent site-specific modifications to human health criteria or values may be developed when either of the following occur:

(a) Local fish consumption rates are lower than the rate used to derive human health criteria or values under rule 3745-1-42 of the Administrative Code (this option shall not be available for water bodies subject to a fish consumption advisory).

(b) A site-specific BAF is derived which is lower than that used to derive human health criteria or values under rule 3745-1-42 of the Administrative Code.

(F) Notification requirements. When the director proposes a site-specific modification to a criterion or value as allowed or required in paragraph (A) of this rule, the director shall notify the other Great Lakes states of such a proposal and, for less stringent criteria, supply appropriate justification.

(G) Notwithstanding paragraphs (A) to (F) of this rule, any chemical-specific criterion listed in this chapter or derived pursuant to rule 3745-1-40, 3745-1-41, 3745-1-42 or 3745-1-43 of the Administrative Code may be modified for a particular surface water body or segment if specific information is provided to the director which shows either of the following:

(1) That all, or portions, of the data used to derive the criterion are inapplicable or not relevant to that surface water body or segment.

(2) That the otherwise applicable criterion is more or less stringent than necessary to protect human health, aquatic life, wildlife or agricultural use.

In such cases, the director may adopt a less or more stringent site-specific criterion if it can be scientifically justified based on new toxicological data or site-specific conditions of water quality, pollutant bioavailability, resident species, or human exposure.

(H) Within the lake Erie drainage basin, paragraph (G) of this rule applies only when it results in modifications at least as protective as modifications resulting from paragraphs (A) to (F) of this rule.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 10/31/1997, 12/30/2002, 8/10/2016
Rule 3745-1-40 | Methodologies for development of aquatic life criteria and values.
 

All pollutants or combinations of pollutants, for which aquatic life criteria have not been adopted in rule 3745-1-35 of the Administrative Code, shall not exceed the water quality criteria or values derived using the procedures contained in this rule.

(A) Tier I acute aquatic criterion (AAC) and tier II acute aquatic value (AAV). This criterion and value apply outside the mixing zone to all aquatic life habitat use designations. This criterion and value shall be expressed as the quantity of chemical per liter of water (e.g., mg/l or ug/l). Paragraphs (A)(1) to (A)(3) of this rule shall be used to calculate the tier I AAC when acute toxicity data are available for species in at least eight families. Paragraph (A)(4) of this rule shall be used to calculate the tier II AAV when there are not enough toxicity data to use the procedures in paragraphs (A)(1) to (A)(3) of this rule but there is at least one EC50 or LC50 value for a species in one of the following three genera of the family Daphnidae: Ceriodaphnia sp., Daphnia sp., or Simocephalus sp.

(1) The procedures in paragraphs (A)(1) to (A)(3) of this rule shall be used to calculate the tier I AAC when LC50 or EC50 data are available for at least one species of freshwater animal in at least the eight different families identified as follows:

(a) The family Salmonidae in the class Osteichthyes.

(b) One other family (preferably a commercially or recreationally important warmwater species) in the class Osteichthyes (e.g., bluegill, channel catfish).

(c) A third family in the phylum Chordata (e.g., fish, amphibian).

(d) A planktonic crustacean (e.g., a cladoceran, copepod).

(e) A benthic crustacean (e.g., ostracod, isopod, amphipod, crayfish).

(f) An insect (e.g., mayfly, dragonfly, damselfly, stonefly, caddisfly, mosquito, midge).

(g) A family in a phylum other than Arthropoda or Chordata (e.g., Rotifera, Annelida, Mollusca).

(h) A family in any order of insect or any phylum not already represented.

(2) When data are not available to show that acute toxicity to two or more species is similarly related to a water quality characteristic (e.g., hardness, pH or temperature), the tier I AAC shall be calculated using the procedures in paragraphs (A)(2)(a) to (A)(2)(i) of this rule.

(a) For each species for which at least one acute value is available, the species mean acute value (SMAV) shall be calculated as the geometric mean of the results of all acceptable flow-through acute toxicity tests in which the concentrations of test material were measured with the most sensitive tested life stage of the species. For a species for which no such result is available, the SMAV shall be calculated as the geometric mean of all acceptable acute toxicity tests with the most sensitive tested life stage, i.e., results of flow-through tests in which the concentrations were not measured and results of static and renewal tests based on initial concentrations (nominal concentrations are acceptable for most test materials if measured concentrations are not available) of test material.

(b) For each genus for which one or more SMAVs are available, the genus mean acute value (GMAV) shall be calculated as the geometric mean of the SMAVs available for the genus.

(c) The GMAVs shall be ordered from high to low.

(d) Ranks (R) shall be assigned to the GMAVs from "one" for the lowest to "N" for the highest. If two or more GMAVs are identical, successive ranks are arbitrarily assigned.

(e) The cumulative probability (P), shall be calculated for each GMAV as R / (N + 1).

(f) The four GMAVs shall be selected which have cumulative probabilities closest to 0.05. If there are fewer than fifty-nine GMAVs, these will always be the four lowest GMAVs.

(g) Using the four selected GMAVs and Ps, the final acute value (FAV) shall be calculated as follows:

(h) If, for a commercially, recreationally or ecologically important species, the geometric mean of the acute values from flow-through tests in which the concentrations of test material were measured is lower than the calculated FAV, then that geometric mean shall be used as the FAV instead of the calculated FAV.

(i) The AAC shall be calculated by dividing the FAV by two.

(3) When enough data are available to show that acute toxicity to two or more species is similarly related to a water quality characteristic (e.g., hardness, pH or temperature), the tier I FAV shall be calculated using the procedures in paragraphs (A)(3)(a) to (A)(3)(l) of this rule or using an analysis of covariance. The two methods are equivalent and produce identical results. If two or more factors affect toxicity, multiple regression analysis shall be used.

(a) For each species for which comparable acute toxicity values are available at two or more different values of the water quality characteristic, a least squares regression of the acute toxicity values on the corresponding values of the water quality characteristic shall be performed to obtain the slope and its ninety-five per cent confidence limits for each species. Because the best documented relationship is that between hardness and acute toxicity of metals and a log-log relationship fits these data, geometric means and natural logarithms of both toxicity and water quality are used in the rest of this method. For relationships based on other water quality characteristics, such as pH or temperature, no transformation or a different transformation might fit the data better, and appropriate changes shall be made as necessary throughout this method.

(b) Data for each species shall be evaluated as to whether or not they are relevant, taking into account the range and number of the tested values of the water quality characteristic and the degree of agreement within and between species. If useful slopes are not available for at least one fish and one invertebrate, or if the available slopes are too dissimilar, or if too few data are available to adequately define the relationship between acute toxicity and the water quality characteristic, the AAC shall be calculated using the procedures in paragraph (A)(2) of this rule, using the results of tests conducted under conditions and in waters similar to those commonly used for toxicity tests with the species.

(c) For each species, the geometric mean of the available acute values shall be calculated and then each of the acute values for a species shall be divided by the mean for the species. This calculation normalizes the acute values so that the geometric mean of the normalized values for each species individually and for any combination of species is 1.0.

(d) The values of the water quality characteristic shall be similarly normalized for each species individually using the procedure in paragraph (A)(3)(c) of this rule.

(e) Individually for each species a least squares regression of the normalized acute values on the water quality characteristic shall be performed. The resulting slopes and ninety-five per cent confidence limits will be identical to those obtained in paragraph (A)(3)(a) of this rule. If, however, the data are actually plotted, the line of best fit for each individual species will go through the point 1, 1 in the center of the graph.

(f) All the normalized data shall be treated as if they were for the same species and a least squares regression of all the normalized acute values on the corresponding normalized values of the water quality characteristic is performed to obtain the pooled acute slope, V, and its ninety-five per cent confidence limits. If all of the normalized data are actually plotted, the line of best fit will go through the point 1, 1 in the center of the graph.

(g) For each species the geometric mean, W, of the acute toxicity values and the geometric mean, X, of the values of the water quality characteristic shall be calculated. (These were calculated in paragraphs (A)(3)(c) and (A)(3)(d) of this rule.)

(h) For each species the natural logarithm (ln), Y, of the SMAV at a selected value, Z, of the water quality characteristic shall be calculated using the equation:

Y = ln W - V(ln X - ln Z).

(i) For each species the SMAV at Z shall be calculated using the equation:

SMAV = eY.

(j) The FAV shall be obtained by using the procedures described in paragraphs (A)(2)(b) to (A)(2)(g) of this rule.

(k) If, for a commercially or recreationally important species the geometric mean of the acute values at Z from flow-through tests in which the concentrations of the test material were measured is lower than the FAV at Z, then the geometric mean shall be used as the FAV instead of the FAV.

(l) The final acute equation shall be written as:

FAV = e(V[ln(water quality characteristic)] + A - V[ln Z]),

Where:

V = pooled acute slope, and A = ln (FAV at Z). Because V, A, and Z are known, the FAV can be calculated for any selected value of the water quality characteristic.

(m) For any value of Z, the AAC shall be calculated by dividing the FAV by two.

(4) Tier II values.

(a) If the required data to derive the tier I AAC in paragraphs (A)(1) to (A)(3) of this rule are not present in the acute toxicity data base and at least one EC50 or LC50 value is available for a species in one of the following three genera of the family Daphnidae - Ceriodaphnia sp., Daphnia sp., or Simocephalus sp., a tier II secondary acute value (SAV) shall be calculated by dividing the lowest GMAV in the data base by the secondary acute factor (SAF) (see table 40-1 of this rule) corresponding to the number of satisfied minimum data requirements listed in the tier I methodology (see paragraph (A)(1) of this rule).

(b) The tier II AAV equals the SAV divided by two.

(c) If appropriate, the AAV shall be made a function of a water quality characteristic in a manner similar to that described in paragraph (A)(3) of this rule.

(B) Tier I chronic aquatic criterion (CAC) and tier II chronic aquatic value (CAV). This criterion and value apply outside the mixing zone to all aquatic life habitat use designations except the limited resource water use designation. This criterion and value shall be expressed as the quantity of chemical per liter of water (e.g., mg/l or ug/l). Paragraphs (B)(1) and (B)(2) of this rule are used to calculate the tier I CAC. Paragraphs (B)(3) and (B)(4) of this rule shall be used to calculate the tier II CAV when there are not enough toxicity data to use the method in paragraphs (B)(1) and (B)(2) of this rule.

(1) If chronic values are available for species in eight families as described in paragraph (A)(1) of this rule, a species mean chronic value (SMCV) shall be calculated for each species for which at least one chronic value is available by calculating 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 shall be the geometric mean of all acceptable early life-stage tests. Appropriate genus mean chronic values (GMCVs) shall also be calculated. A GMCV shall be the geometric mean of the SMCVs for the genus. The CAC shall be obtained using the procedure contained in paragraphs (A)(1) to (A)(3) of this rule, substituting CAC for FAV, SMCV for SMAV and GMCV for GMAV.

(2) If chronic data for a chemical are not available for at least eight freshwater species meeting the requirements in paragraph (A)(1) of this rule, the CAC shall be calculated by dividing the FAV by a final acute-chronic ratio (FACR).

(a) Acute-chronic ratio (ACRs) are required for at least one species of aquatic animal in at least three different families provided that of the three species conform to the following:

(i) At least one is a fish.

(ii) At least one is an invertebrate.

(iii) At least one species is an acutely sensitive freshwater species (the other two may be saltwater species).

(b) For each chronic value for which at least one corresponding appropriate acute value is available, an ACR shall be calculated using the chronic value for the denominator and using the geometric mean of the results of all acceptable flow-through (except static is acceptable for daphnids and midges) acute tests in the same dilution water in which the concentrations are measured for the numerator. For fish, the acute test shall be conducted with juveniles. The acute test should be part of the same study as the chronic test. If acute tests were not conducted as part of the same study, but were conducted as part of a different study in the same laboratory and dilution water, then they may be used. If no such acute tests are available, results of acute tests conducted in the same dilution water in a different laboratory may be used. If no such acute tests are available, an ACR shall not be calculated.

(c) For each species, the species mean ACR shall be calculated as the geometric mean of all ACRs available for that species. If the minimum ACR data requirements (as described in paragraph (B)(2)(a) of this rule) are not met with freshwater data alone, saltwater data may be used along with the freshwater data.

(d) For some materials, the ACR seems to be the same for all species, but for other materials the ratio seems to increase or decrease as the SMAV increases. Thus the FACR shall be obtained in the following ways:

(i) If the species mean ACR seems to increase or decrease as the SMAVs increase, the FACR shall be calculated as the geometric mean of the ACRs for species whose SMAVs are close to the FAV.

(ii) If no major trend is apparent and the ACRs for all species are within a factor of ten, the FACR shall be calculated as the geometric mean of all of the species mean ACRs.

(iii) If the most appropriate species mean ACRs are less than 2.0, the FACR shall be assumed to be 2.0.

(e) The FCV shall be calculated by dividing the FAV by the FACR.

(f) If the SMCV of a commercially or recreationally important species is lower than the calculated CAC, then that SMCV shall be used as the CAC instead of the calculated CAC.

(3) Secondary acute-chronic ratio.

If fewer than three acceptable experimentally determined ACRs are available for the chemcial, the secondary acute-chronic ratio (SACR) shall be determined using enough assumed ACRs of eighteen so that the total number of ACRs equals three. Calculate the SACR as the geometric mean of the three ACRs. If no experimentally determined ACRs are available, the SACR shall be eighteen.

(4) Tier II chronic aquatic value.

(a) The CAV shall be calculated using one of the following equations:

(i) CAV = FAV / SACR (Use FAV from paragraph (A) of this rule and use SACR from paragraph (B)(3) of this rule).

(ii) CAV = SAV / FACR (Use SAV from paragraph (A)(4) of this rule and use FACR from paragraph (B)(2) of this rule).

(iii) CAV = SAV/ SACR (Use SAV from paragraph (A)(4) of this rule and use SACR from paragraph (B)(3) of this rule).

(b) If appropriate, the CAV shall be made a function of a water quality characteristic in a manner similar to that described in paragraph (A)(3) of this rule.

(c) If the SMCV of a commercially or recreationally important species is lower than the calculated CAV, then that SMCV shall be used as the CAV instead of the calculated CAV.

(C) Final plant value (FPV). This value applies in place of the CAC or CAV if it is lower than the CAC or CAV. Results of at least one acceptable test with a freshwater algae or vascular plant is required. If plants are among the aquatic organisms most sensitive to the material, results of a test with a plant in another phylum (division) shall also be available.

(1) A plant value shall be the result of a ninety-six-hour test conducted with an alga or a chronic test conducted with an aquatic vascular plant. A test of the toxicity of a metal to a plant shall not be used if the medium contained an excessive amount of a complexing agent, such as EDTA, that might affect the toxicity of the metal. Concentrations of EDTA above two hundred micrograms per liter shall be considered excessive.

(2) The FPV shall be obtained by selecting the lowest result from a test with an important aquatic plant species in which the concentrations of test material are measured and the endpoint is biologically important.

(D) Application of criteria and values.

(1) The FAV and SAV shall be applied as maximum concentrations inside the mixing zone.

(2) The AAC and AAV shall be applied as maximum concentrations outside the mixing zone.

(3) The CAC, CAV, and FPV if available shall be applied as thirty-day average concentrations outside the mixing zone.

Table 40-1.

Secondary acute factors

Number of minimum data requirements satisfiedSecondary acute factor
1...................................21.9
2 and neither requirement includes the family Salmonidae...........13.0
2 and one requirement includes the family Salmonidae...........7.9
3...................................8.0
4...................................7.0
5...................................6.1
6...................................5.2
7...................................4.3

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 4/30/1987, 5/1/1990, 4/26/1997
Rule 3745-1-41 | Methodology for deriving bioaccumulation factors.
 

[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) The purpose of this rule is to describe procedures for deriving bioaccumulation factors (BAFs) to be used in the calculation of human health tier I criteria and tier II values and wildlife tier I criteria. A subset of the human health BAFs are also used to identify the chemicals that are considered bioaccumulative chemicals of concern (BCCs).

(B) Review and selection of data.

(1) Field-measured BAFs. The following procedural and quality assurance requirements shall be met for field-measured BAFs.

(a) The field studies used shall be limited to those conducted in the Great Lakes system with fish in trophic levels three or four.

(b) The trophic level of the fish species shall be determined.

(c) The site of the field study shall not be so unique such that the BAF cannot be extrapolated to other locations where the criteria and values will apply.

(d) For organic chemicals, the per cent lipid shall be either measured or reliably estimated for the tissue used in the determination of the BAF.

(e) The concentration of the chemical in the water shall be measured in a way that can be related to particulate organic carbon (POC) or dissolved organic carbon (DOC) and shall be relatively constant during the steady-state time period.

(f) For organic chemicals with log Kow greater than four, the concentrations of POC and DOC in the ambient water shall be either measured or reliably estimated.

(g) For inorganic and organic chemicals, BAFs shall be used only if they are expressed on a wet weight basis; BAFs reported on a dry weight basis cannot be converted to wet weight unless a conversion factor is measured or reliably estimated for the tissue used in the determination of the BAF.

(2) Field-measured biota-sediment accumulation factors (BSAFs). The following procedural and quality assurance requirements shall be met for field-measured BSAFs.

(a) The field studies used shall be limited to those conducted in the Great Lakes system with fish in trophic levels three or four.

(b) Samples of surface sediments shall be from locations where there is net deposition of fine sediment (zero to one centimeter is ideal) and that are representative of average surface sediments in the vicinity of the organism.

(c) The Kows used shall be of acceptable quality as described in paragraph (B)(5) of this rule.

(d) The site of the field study shall not be so unique such that the resulting BAF cannot be extrapolated to other locations where the criteria and values will apply.

(e) The trophic level of the fish species shall be determined.

(f) The per cent lipid shall be either measured or reliably estimated for the tissue used in the determination of the BAF.

(3) Laboratory-measured BCFs. The following procedural and quality assurance requirements shall be met for laboratory-measured BCFs.

(a) The test organism shall not be diseased, unhealthy, or adversely affected by the concentration of the chemical.

(b) The total concentration of the chemical in the water shall be measured and shall be relatively constant during the steady-state time period.

(c) The organisms shall be exposed to the chemical using a flow-through or renewal procedure.

(d) For organic chemicals, the per cent lipid shall be either measured or reliably estimated for the tissue used in the determination of the BCF.

(e) For organic chemicals with log Kow greater than four, the concentrations of POC and DOC in the test solution shall be either measured or reliably estimated.

(f) Laboratory-measured BCFs should be determined using fish species, but BCFs determined with molluscs and other invertebrates may be used if appropriate.

(g) In a bioconcentration test, if laboratory-measured BCFs increase or decrease as the concentration of the chemical increase in the test solutions, the BCF measured at the lowest test concentration that is above concentrations existing in the control water shall be used (i.e., a BCF shall not be calculated from a control treatment). The concentrations of an inorganic chemical in a bioconcentration test shall be greater than normal background levels and greater than levels required for normal nutrition of the test species if the chemical is a micronutrient, but below levels that adversely affect the species.

(h) For inorganic and organic chemicals, BCFs shall be used only if they are expressed on a wet weight basis. BCFs reported on a dry weight basis cannot be converted to wet weight unless a conversion factor is measured or reliably estimated for the tissue used in the determination of the BAF.

(i) BCFs for organic chemicals may be based on measurement of radioactivity only when the BCF is intended to include metabolites or when there is confidence that there is no interference due to metabolites.

(j) The calculation of the BCF shall address growth dilution.

(k) Other aspects of the methodology used shall be similar to those described in "Standard Guide for Conducting Bioconcentration Tests with Fishes and Saltwater Bivalve Molluscs. Standard E1022."

(4) Predicted BCFs. The following procedural and quality assurance requirements shall be met for predicted BCFs.

(a) The Kow used shall be of acceptable quality as described in paragraph (B)(5) of this rule.

(b) The predicted baseline BCF shall be calculated using the equation

Predicted baseline BCF = Kow

Where:

Kow = octanol-water partition coefficient.

(5) Octanol-water partition coefficient (Kow).

(a) The value of Kow used for an organic chemical shall be determined by giving priority to the experimental and computational techniques used as shown in table 41-1 of this rule.

(b) A value of Kow that seems to be different from the others may be considered an outlier and not used. The value of Kow used for an organic chemical shall be either the geometric mean of the available Kows with highest priority or the arithmetic mean of the available log Kows with the highest priority. Because it is an intermediate value in the derivation of a BAF, the values used for the Kow and log Kow of a chemical shall not be rounded to fewer than three significant digits after the decimal point.

(C) Baseline BAFs shall be derived using the following four methods, which are listed from most preferred to least preferred.

(1) A measured baseline BAF for an organic or inorganic chemical derived from a field study of acceptable quality.

(2) A predicted baseline BAF for an organic chemical derived using field-measured BSAFs of acceptable quality.

(3) A predicted baseline BAF for an organic or inorganic chemical derived from a BCF measured in a laboratory study of acceptable quality and an FCM.

(4) A predicted baseline BAF for an organic chemical derived from a Kow of acceptable quality and an FCM.

For comparative purposes, baseline BAFs shall be derived for each chemical by as many of the four methods as available data allow.

(D) Calculation of baseline BAFs for organic chemicals.

(1) Lipid normalization.

(a) It is assumed that BAFs and BCFs for organic chemicals can be extrapolated on the basis of per cent lipid from one tissue to another and from one aquatic species to another in most cases.

(b) Because BAFs and BCFs for organic chemicals are related to the per cent lipid, it does not make any difference whether the tissue sample is whole body or edible portion, but both the BAF (or BCF) and the per cent lipid must be determined for the same type of tissue. The per cent lipid of the tissue should be measured during the BAF or BCF study, but in some cases it may be reliably estimated from measurements on tissue from other organisms. If per cent lipid is not reported for the test organisms in the original study, it may be obtained from the author. In the case of a laboratory study, lipid data for the same or a comparable laboratory population of test organisms that were used in the original study may be used.

(c) The lipid-normalized concentration (Cl) of a chemical in tissue is defined using the following equation:

Where:

CB= concentration of the organic chemical in the tissue of aquatic biota (either whole organism or specified tissue) expressed in micrograms per gram.

fl = fraction of the tissue that is lipid.

(2) Bioavailability. By definition, baseline BAFs and BCFs for organic chemicals, whether measured or predicted, are based on the concentration of the chemical that is freely dissolved in the ambient water in order to account for bioavailability. For the purposes of this rule, the relationship between the total concentration of the chemical in the ambient water (i.e., that which is freely dissolved plus that which is sorbed to particulate organic carbon or to dissolved organic carbon) to the freely dissolved concentration of the chemical in the ambient water shall be calculated using the following equation:

Where:

Cwfd = freely dissolved concentration of the organic chemical in the ambient water.

Cwt = total concentration of the organic chemical in the ambient water.

ffd = fraction of the total chemical in the ambient water that is freely dissolved.

The fraction of the total chemical in the ambient water that is freely dissolved (ffd), shall be calculated using the following equation:

Where:

DOC = concentration of dissolved organic carbon, expressed as kilograms of dissolved organic carbon per liter of water.

Kow = octanol-water partition coefficient of the chemical.

POC = concentration of particulate organic carbon, expressed as kilograms of particulate organic carbon per liter of water.

(3) Food-chain multiplier (FCM). In the absence of a field-measured BAF or a predicted BAF derived from a BSAF, an FCM shall be used to calculate the baseline BAF for trophic levels three and four from a laboratory-measured or predicted BCF. For an organic chemical, the FCM used shall be derived from table 41-2 of this rule using the chemical's log Kow and linear interpolation. An FCM greater than 1.0 applies to most organic chemicals with a log Kow of four or more. The trophic level used shall take into account the age or size of the fish species consumed by the human, avian or mammalian predator.

(4) Calculation of a baseline BAF from a field-measured BAF. A baseline BAF shall be calculated from a field-measured BAF using the following equation:

Where:

BAFt= BAF based on total concentration in tissue and water.

fl = Fraction of the tissue that is lipid.

ffd = Fraction of the total chemical that is freely dissolved in the ambient water.

The trophic level to which the baseline BAF applies is the same as the trophic level of the organisms used in the determination of the field-measured BAF. For each trophic level, a species mean measured baseline BAF shall be calculated as the geometric mean if more than one measured baseline BAF is available for a given species. For each trophic level, the geometric mean of the species mean measured baseline BAFs shall be calculated. If a baseline BAF based on a measured BAF is available for either trophic level three or four, but not both, a measured baseline BAF for the other trophic level shall be calculated using the ratio of the FCMs that are obtained by linear interpolation from table 41-2 of this rule for the chemical.

(5) Calculation of a baseline BAF from a field-measured BSAF.

(a) A baseline BAF for organic chemical "I" shall be calculated from a field-measured BSAF of acceptable quality using the following equation:

Where:

(BSAF)i = BSAF for chemical "i".

(BSAF)r = BSAF for the reference chemical "r".

(Kow)i = octanol-water partition coefficient for chemical "i".

(Kow)r = octanol-water partition coefficient for the reference chemical "r".

(b) A BSAF shall be calculated using the following equation:

Where:

Cl = the lipid-normalized concentration of the chemical in tissue.

Csoc = the organic carbon-normalized concentration of the chemical in sediment.

(c) The organic carbon-normalized concentration of a chemical in sediment (Csoc), shall be calculated using the following equation:

Where:

CS = concentration of chemical in sediment (expressed as micrograms per gram sediment).

fOC = fraction of the sediment that is organic carbon.

(d) Predicting BAFs from BSAFs requires data from a steady-state (or near steady-state) condition between sediment and ambient water for both a reference chemical "r" with a field-measured BAFfdl and other chemicals "N=i" for which BSAFs are to be determined.

(e) The trophic level to which the baseline BAF applies is the same as the trophic level of the organisms used in the determination of the BSAF. For each trophic level, a species mean baseline BAF shall be calculated as the geometric mean if more than one baseline BAF is predicted from BSAFs for a given species. For each trophic level, the geometric mean of the species mean baseline BAFs derived using BSAFs shall be calculated.

(f) If a baseline BAF based on a measured BSAF is available for either trophic level three or four, but not both, a baseline BAF for the other trophic level shall be calculated using the ratio of the FCMs that are obtained by linear interpolation from table 41-2 of this rule for the chemical.

(6) Calculation of a baseline BAF from a laboratory-measured BCF. A baseline BAF for trophic level three and a baseline BAF for trophic level four shall be calculated from a laboratory-measured BCF of acceptable quality and an FCM using the following equation:

Where:

BCFt = BCF based on total concentration in tissue and water.

fl = fraction of the tissue that is lipid.

ffd = fraction of the total chemical in the test water that is freely dissolved.

FCM = the food-chain multiplier obtained from table 41-2 of this rule by linear interpolation for trophic level three or four, as necessary.

For each trophic level, a species mean baseline BAF shall be calculated as the geometric mean if more than one baseline BAF is predicted from laboratory-measured BCFs for a given species. For each trophic level, the geometric mean of the species mean baseline BAFs based on laboratory-measured BCFs shall be calculated.

(7) Calculation of a baseline BAF from an octanol-water partition coefficient. A baseline BAF for trophic level three and a baseline BAF for trophic level four shall be calculated from a Kow of acceptable quality and an FCM using the following equation:

Baseline BAF = (FCM) (predicted baseline BCF)

= (FCM) (Kow)

Where:

FCM = the food-chain multiplier obtained from table 41-2 of this rule by linear interpolation for trophic level three or four, as necessary.

Kow = octanol-water partition coefficient.

(E) Human health and wildlife BAFs for organic chemicals.

(1) To calculate human health and wildlife BAFs for an organic chemical, the Kow of the chemical shall be used with a POC concentration of 0.00000004 kg/l and a DOC concentration of 0.000002 kg/l to yield the fraction freely dissolved (ffd) using the following equations:

(2) The human health BAFs for an organic chemical shall be calculated using the equations.

(a) For trophic level three

Human health BAFHH TL3 = [(baseline BAF) (0.0182)+1] (ffd)

and

(b) For trophic level four

Human health BAFHHTL4 = [(baseline BAF) (0.0310) + 1] (ffd)

Where:

0.0182 and 0.0310 are the standardized fraction lipid values for trophic levels three and four, respectively, that are used to derive human health criteria and values pursuant to rule 3745-1-42 of the Administrative Code.

(3) The wildlife BAFs for an organic chemical shall be calculated using the following equations:

(a) For trophic level three:

Wildlife BAFWLTL3 = [(baseline BAF) (0.0646) + 1] (ffd)

(b) For trophic level four:

Wildlife BAFWLTL4 = [(baseline BAF) (0.1031) + 1] (ffd)

Where:

0.0646 and 0.1031 are the standardized fraction lipid values for trophic levels three and four, respectively, that are used to derive wildlife criteria pursuant to rule 3745-1-43 of the Administrative Code.

(F) Human health and wildlife BAFs for inorganic chemicals.

(1) For inorganic chemicals, the baseline BAFs for trophic levels three and four are both assumed to equal the BCF determined for the chemical with fish, i.e., the FCM is assumed to be 1.0 for both trophic levels three and four. However, an FCM greater than 1.0 might be applicable to some metals, such as mercury, if, for example, an organometallic form of the metal biomagnifies.

(2) BAFs for human health criteria and values.

(a) Measured BAFs and BCFs used to determine human health BAFs for inorganic chemicals shall be based on edible tissue of freshwater fish unless it is demonstrated that whole-body BAFs or BCFs are similar to edible-tissue BAFs or BCFs. BCFs and BAFs based on measurements of aquatic plants and invertebrates should not be used in the derivation of human health criteria and values.

(b) If one or more field-measured baseline BAFs for an inorganic chemical are available from studies conducted in the Great Lakes system with the edible tissue of fish, then for each trophic level:

(i) A species mean measured baseline BAF shall be calculated as the geometric mean if more than one measured BAF is available for a given species.

(ii) The geometric mean of the species mean measured baseline BAFs shall be used as the human health BAF for that chemical.

(c) If an acceptable measured baseline BAF is not available for an inorganic chemical and one or more acceptable edible-portion laboratory-measured BCFs are available for the chemical, a predicted baseline BAF shall be calculated by multiplying the geometric mean of the BCFs times an FCM. The FCM shall be 1.0 unless chemical-specific biomagnification data support using a multiplier other than 1.0. The predicted baseline BAF shall be used as the human health BAF for that chemical.

(3) BAFs for wildlife criteria.

(a) Measured BAFs and BCFs used to determine wildlife BAFs for inorganic chemicals shall be based on whole-body freshwater fish and invertebrate data unless it is demonstrated that edible-tissue BAFs or BCFs are similar to whole-body BAFs or BCFs.

(b) If one or more field-measured baseline BAFs for an inorganic chemical are available from studies conducted in the Great Lakes system with whole body fish or invertebrates, then:

(i) For each trophic level, a species mean measured baseline BAF shall be calculated as the geometric mean if more than one measured BAF is available for a given species.

(ii) For each trophic level, the geometric mean of the species mean measured baseline BAFs shall be used as the wildlife BAF for that chemical.

(iii) If an acceptable measured baseline BAF is not available for an inorganic chemical and one or more acceptable whole-body laboratory-measured BCFs are available for the chemical, a predicted baseline BAF shall be calculated by multiplying the geometric mean of the BCFs times an FCM. The FCM shall be 1.0 unless chemical-specific biomagnification data support using a multiplier other than 1.0. The predicted baseline BAF shall be used as the wildlife BAF for that chemical.

(G) Final review. For both organic and inorganic chemicals, human health and wildlife BAFs for both trophic levels shall be reviewed for consistency with all available data concerning the bioaccumulation, bioconcentration, and metabolism of the chemical. BAFs derived in accordance with this methodology shall be modified if changes are justified by available data.

Table 41-1. Priorities for Kow experimental and computational techniques for organic chemicals.

Table 41-2. Food-chain multipliers for trophic levels 2, 3 and 4.

Log KowTrophic level 2 Trophic1 level 3 Trophic level 4
2.01.0001.0051.000
2.51.0001.0101.002
3.01.0001.0281.007
3.11.0001.0341.007
3.21.0001.0421.009
3.31.0001.0531.012
3.41.0001.0671.014
3.51.0001.0831.019
3.61.0001.1031.023
3.71.0001.1281.033
3.81.0001.1611.042
3.91.0001.2021.054
4.01.0001.2531.072
4.11.0001.3151.096
4.21.0001.3801.130
4.31.0001.4911.178
4.41.0001.6141.242
4.51.0001.7661.334
4.61.0001.9501.459
4.71.0002.1751.633
4.81.0002.4521.871
4.91.0002.7802.193
5.01.0003.1812.612
5.11.0003.6433.162
5.21.0004.1883.873
5.31.0004.8034.742
5.41.0005.5025.821
5.51.0006.2667.079
5.61.0007.0968.551
5.71.0007.96210.209
5.81.0008.84112.050
5.91.0009.71613.964
6.01.00010.55615.996
6.11.00011.33717.783
6.21.00012.06419.907
6.31.00012.69121.677
6.41.00013.22823.281
6.51.00013.66224.604
6.61.00013.98025.645
6.71.00014.22326.363
6.81.00014.35526.669
6.91.00014.38826.669
7.01.00014.30526.242
7.11.00014.14225.468
7.21.00013.85224.322
7.31.00013.47422.856
7.41.00012.98721.038
7.51.00012.51718.967
7.61.00011.70816.749
7.71.00010.91414.388
7.81.00010.06912.050
7.91.0009.1629.840
8.01.0008.2227.798
8.11.0007.2786.012
8.21.0006.3614.519
8.31.0005.4893.311
8.41.0004.6832.371
8.51.0003.9491.663
8.61.0003.2961.146
8.71.0002.7320.778
8.81.0002.2460.521
8.91.0001.8370.345
9.01.0001.4930.226

1The FCMs for trophic level 3 are the geometric mean of the FCMs for sculpin and alewife.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 10/31/1997
Rule 3745-1-42 | Methodologies for development of human health criteria and values for the lake Erie drainage basin.
 

[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.]

This rule applies to water bodies located in the lake Erie drainage basin. All pollutants or combinations of pollutants, for which human health criteria have not been adopted in rule 3745-1-33 or 3745-1-34 of the Administrative Code, shall not exceed the water quality criteria or values derived using the procedures contained in this rule.

(A) General provisions.

(1) The purpose of this rule is to describe procedures for calculating human health criteria and values that provide protection of humans from unacceptable exposure to toxicants through consumption of contaminated fish and drinking water and from ingesting water as a result of participation in water-oriented recreational activities.

(2) Level of protection. The criteria and values developed shall provide a level of protection likely to be without appreciable risk of carcinogenic or noncarcinogenic effects. Ambient criteria and values for single carcinogens shall not be set at a level representing a lifetime upper-bound incremental risk greater than one in one hundred thousand of developing cancer using the hazard assessment techniques and exposure assumptions described in this rule. Criteria and values affording protection from noncarcinogenic effects shall be established at levels that, taking into account uncertainties, are considered likely to be without an appreciable risk of adverse human health effects (i.e., acute, subchronic and chronic toxicity including reproductive and developmental effects) during a lifetime of exposure, using the risk assessment techniques and exposure assumptions described in this rule.

(3) Two-tiered classification. Chemical concentration levels in surface water protective of human health shall be derived based on either a tier I or tier II classification. The two tiers are primarily distinguished by the amount of toxicity data available for deriving the concentration levels and the quantity and quality of data on bioaccumulation.

(B) Minimum data requirements. The best available toxicity data on the adverse health effects of a chemical and the best data on bioaccumulation factors shall be used when developing human health tier I criteria or tier II values. The best available toxicity data shall include data from well-conducted epidemiologic or animal studies which provide, in the case of carcinogens, an adequate weight of evidence of potential human carcinogenicity and, in the case of noncarcinogens, a dose-response relationship involving critical effects biologically relevant to humans. Such information shall be obtained from the U.S. EPA integrated risk information system (IRIS) database, scientific literature, and other informational databases, studies and reports containing adverse health effects data of adequate quality for use in this rule, when available. Strong consideration shall be given to the most currently available guidance provided by IRIS in deriving criteria or values, supplemented with any recent data not incorporated into IRIS. The best available bioaccumulation data shall include data from field studies and well-conducted laboratory studies.

(1) Carcinogens.

(a) Tier I human cancer criteria (HCC) and tier II human cancer values (HCV) shall be derived using the methodologies described in paragraph (C)(1) of this rule when there is adequate evidence of potential human carcinogenic effects for a chemical. The U.S. EPA classification system for chemical carcinogens, which is described in "Guidelines for Carcinogen Risk Assessment, Risk Assessment Forum, U.S. Environmental Protection Agency" shall be used in determining whether adequate evidence of potential carcinogenic effects exists. Carcinogens are classified, depending on the weight of evidence, as carcinogenic to humans, likely to be carcinogenic to humans, or having suggestive evidence of carcinogenic potential. The human evidence shall be considered inadequate and therefore the chemical cannot be classified as a human carcinogen, if any of the following conditions exists:

(i) There is little or no pertinent information.

(ii) Some studies provide evidence of carcinogenicity but other studies of equal quality with animals of the same sex and strain are negative.

(iii) There are negative results that are not sufficiently robust for the descriptor "not likely to be carcinogenic to humans."

(iv) There is animal evidence that demonstrates lack of carcinogenic effect in both sexes in well-designed and well-conducted studies in at least two appropriate animal species (in the absence of other animal or human data suggesting a potential for cancer effects).

(v) There is convincing and extensive experimental evidence showing that the only carcinogenic effects observed in animals are not relevant to humans.

(vi) There is convincing evidence that carcinogenic effects are not likely by a particular exposure route.

(vii) There is convincing evidence that carcinogenic effects are not likely below a defined dose range.

(b) Chemicals are described as "carcinogenic to humans" when either: there is convincing epidemiological evidence of a causal association between human exposure and cancer; or when all of the following conditions are met:

(i) There is strong evidence of an association between human exposure and either cancer or the key precursor events of a chemical's mode of action but not enough for a causal association.

(ii) There is extensive evidence of carcinogenicity in animals.

(iii) The mode or modes of carcinogenic action and associated precursor events have been identified in animals.

(iv) There is strong evidence that the key precursor events that precede the cancer response in animals are anticipated to occur in humans and progress to tumors, based on biological information.

(c) Chemicals described as "likely to be carcinogenic to humans" include chemicals for which the weight of evidence is adequate to demonstrate carcinogenic potential to humans but does not reach the weight of evidence for the descriptor "carcinogenic to humans." Chemicals with weight of evidence demonstrating carcinogenic potential to humans can include, but are not limited to:

(i) Chemicals for which a plausible association is demonstrated between human exposure and cancer, in most cases with some supporting biological, experimental evidence, though not necessarily carcinogenicity data from animal experiments.

(ii) Chemicals that tested positive for carcinogenicity in animal experiments in more than one species, sex, strain, site, or exposure route, with or without evidence of carcinogenicity in humans.

(iii) Chemicals for which positive tumor study results are demonstrated that raise additional biological concerns beyond that of a statistically significant result, for example, a high degree of malignancy or an early age of onset.

(iv) Chemicals for which a rare animal tumor response in a single experiment is demonstrated that is assumed to be relevant to humans.

(v) Chemicals for which positive tumor study results are demonstrated that are strengthened by other lines of evidence, for example, either plausible association between human exposure and cancer or evidence that the chemical or an important metabolite causes events generally known to be associated with tumor formation likely to be related to tumor response in this case.

(d) "Suggestive evidence of carcinogenic potential" is evidence used to describe chemicals where the weight of evidence is suggestive of carcinogenicity; a concern for potential carcinogenic effects in humans is raised, but the data are judged not sufficient for a stronger conclusion. Chemicals with weight of evidence suggestive of carcinogenicity can include, but are not limited to the following:

(i) Chemicals with studies that show a small, and possibly not statistically significant, increase in tumor incidence observed in a single animal or human study that does not reach the weight of evidence for the descriptor "likely to be carcinogenic to humans."

(ii) Chemicals with studies that show a small increase in a tumor with a high background rate in that sex and strain, when there is some but insufficient evidence that the observed tumors may be due to intrinsic factors that cause background tumors and not to the chemical being assessed.

(iii) Chemicals with evidence of a positive response in a study whose power, design, or conduct limits the ability to draw a confident conclusion, but where the carcinogenic potential is strengthened by other lines of evidence.

(iv) Chemicals with studies that show a statistically significant increase at one dose only, but no significant response at the other doses and no overall trend.

(e) Tier I. Weight of evidence of potential human carcinogenic effects sufficient to derive a HCC shall generally include chemicals that are carcinogenic to humans and likely to be carcinogenic to humans and can include, on a case-by-case basis as determined by the director, chemicals with suggestive evidence of carcinogenic potential if studies have been well-conducted when compared to studies used in classifying chemicals that are carcinogenic to humans or likely to be carcinogenic to humans. The decision to use data on a chemical with suggestive evidence of carcinogenic potential for deriving tier I criteria shall be a case-by-case determination. In determining whether to derive a HCC, additional evidence that shall be considered includes but is not limited to available information on mode of action, such as mutagenicity/genotoxicity (determinations of whether the chemical interacts directly with DNA), structure activity, and metabolism.

(f) Tier II. Weight of evidence of chemicals with effects suggestive of carcinogenic potential sufficient to derive a HCV shall include those chemicals with suggestive evidence of carcinogenic potential for which there are, at a minimum, data sufficient for quantitative risk assessment, but for which data are inadequate for tier I criterion development due to a tumor response of marginal statistical significance or inability to derive a strong dose-response relationship. In determining whether to derive tier II human cancer values, additional evidence that shall be considered includes but is not limited to available information on mode of action such as mutagenicity/genotoxicity (determinations of whether the chemical interacts directly with DNA), structure activity and metabolism. As with the use of data on chemicals with suggestive evidence of carcinogenic potential in developing tier I criteria, the decision to use data on chemicals with suggestive evidence of carcinogenic potential to derive tier II values shall be made on a case-by-case basis by the director.

(2) Noncarcinogens.

(a) All available toxicity data shall be evaluated considering the full range of possible health effects of a chemical, i.e., acute/subacute, chronic/subchronic and reproductive/developmental effects, in order to best describe the dose-response relationship of the chemical, and to calculate human noncancer criteria (HNC) and human noncancer values (HNV) which will protect against the most sensitive endpoint of toxicity. Paragraphs (B)(2)(b) and (B)(2)(c) of this rule provide the minimum data sets necessary to calculate HNC and HNV, respectively.

(b) Tier I. The minimum data set sufficient to derive an HNC shall include at least one well-conducted epidemiologic study or animal study. A well-conducted epidemiologic study for an HNC must quantify exposure level and demonstrate positive association between exposure to a chemical and adverse effect in humans. A well-conducted study in animals must demonstrate a dose response relationship involving one or more critical effect biologically relevant to humans. The duration of a study should span multiple generations of exposed test species or at least a major portion of the lifespan of one generation. By the use of uncertainty adjustments, shorter term studies (such as ninety-day subchronic studies) with evaluation of more limited effect may be used to extrapolate to longer exposures or to account for a variety of adverse effects. For an HNC developed pursuant to this rule, such a limited study must be conducted for at least ninety days in rodents or ten per cent of the lifespan of other appropriate test species and demonstrate a no observable adverse effect level (NOAEL). Chronic studies of one year or longer in rodents or fifty per cent of the lifespan or greater in other appropriate test species that demonstrate a lowest observable adverse effect level (LOAEL) may be sufficient for use in tier I criterion derivation if the effects observed at the LOAEL were relatively mild and reversible as compared to effects at higher doses. This does not preclude the use of a LOAEL from a study (of chronic duration) with only one or two doses if the effects observed appear minimal when compared to effect levels observed at higher doses in other studies.

(c) Tier II. When the minimum data for deriving tier I criteria are not available to meet the tier I data requirements, a more limited database may be considered for deriving tier II values. As with tier I criteria, all available data shall be considered and shall address a range of adverse health effects with exposure over a substantial portion of the lifespan (or multiple generations) of the test species. With the use of appropriate uncertainty factors to account for a less extensive database, the minimum data sufficient to derive a tier II value shall include a NOAEL from at least one well-conducted short-term repeated dose study. This study shall be of at least twenty-eight days duration, in animals demonstrating a dose-response, and involving effects biologically relevant to humans. Data from studies of longer duration (greater than twenty-eight days) and LOAELS from such studies (greater than twenty-eight days) may be more appropriate in some cases for derivation of tier II values. Use of a LOAEL shall be based on consideration of the following information: severity of effect, quality of the study and duration of the study.

(3) Bioaccumulation factors (BAFs).

(a) Tier I for carcinogens and noncarcinogens. To be considered a tier I cancer or noncancer human health criterion, along with satisfying the minimum toxicity data requirements of paragraphs (B)(1) and (B)(2) of this rule, a chemical shall have the following minimum bioaccumulation data. For all organic chemicals either: A field-measured BAF; a BAF derived using the BSAF methodology; or a BAF less than one hundred twenty-five regardless of how the BAF was derived. For all inorganic chemicals, including organometals such as mercury, either: a field-measured BAF; or a laboratory-measured BCF.

(b) Tier II for carcinogens and noncarcinogens: a chemical is considered a tier II cancer or noncancer human health value if it does not meet either the minimum toxicity data requirements of paragraph (B)(1) or (B)(2) of this rule or the minimum bioaccumulation data requirements of paragraph (B)(3)(a) of this rule.

(C) Principles for development of tier I criteria or tier II values. The fundamental components of the procedure to calculate tier I criteria or tier II values are the same. However, certain aspects of the procedure designed to account for short-duration studies or other limitations in data are more likely to be relevant in deriving tier II values than tier I criteria.

(1) Carcinogens.

(a) A non-threshold mechanism of carcinogenesis shall be assumed unless biological data adequately demonstrate the existence of a threshold on a chemical-specific basis.

(b) All appropriate human epidemiologic data and animal cancer bioassay data shall be considered. Data specific to an environmentally appropriate route of exposure shall be used. Oral exposure should be used preferentially over dermal and inhalation since, in most cases, the exposure routes of greatest concern are fish consumption and drinking water/incidental ingestion. The risk associated dose shall be set at a level corresponding to an incremental cancer risk of one in one hundred thousand. If acceptable human epidemiologic data are available for a chemical, they shall be used to derive the risk associated dose. If acceptable human epidemiologic data are not available, the risk associated dose shall be derived from available animal bioassay data. Data from a species that is considered most biologically relevant to humans is preferred where all other considerations regarding quality of data are equal. In the absence of data to distinguish the most relevant species, data from the most sensitive species tested, i.e., the species showing a carcinogenic effect at the lowest administered dose, shall be used.

(c) When animal bioassay data are used and a non-threshold mechanism of carcinogenicity is assumed, the data shall be fitted to a linearized multistage model. The upper-bound ninety-five per cent confidence limit on risk (or, the lower ninety-five per cent confidence limit on dose) at the one in one hundred thousand risk level shall be used to calculate a risk associated dose (RAD). Other models, including modifications or variations of the linear multistage model, which are more appropriate to the available data may be used where scientifically justified.

(d) If the duration of the study is significantly less than the natural lifespan of the test animal, the slope may be adjusted on a case-by-case basis to compensate for latent tumors which were not expressed. In the absence of alternative approaches which compensate for study durations significantly less than lifetime, the process described in "Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health, Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency" shall be used.

(e) A species scaling factor shall be used to account for differences between test species and humans. It shall be assumed that milligrams per surface area per day is an equivalent dose between species. All doses presented in mg/kg body weight shall be converted to an equivalent surface area dose by raising the mg/kg dose to the two-thirds power. However, if adequate pharmacokinetic and metabolic studies are available, these data may be factored into the adjustment for species differences.

(f) Additional data selection and adjustment decisions must also be made in the process of quantifying risk. Consideration shall be given to tumor selection for modeling. All doses shall be adjusted to give an average daily dose over the study duration. Adjustments in the rate of tumor response shall be made for early mortality in test species. The goodness-of-fit of the model to the data shall also be assessed.

(g) When a linear, non-threshold dose response relationship is assumed, the RAD shall be calculated using the following equation:

Where:

RAD = risk associated dose in milligrams of toxicant per kilogram body weight per day (mg/kg/day).

0.00001 (1 x 10-5) = incremental risk of developing cancer equal to one in one hundred thousand.

q1* = slope factor (mg/kg/day)-1.

(h) If human epidemiologic data or other animal biological data indicate that a chemical causes cancer through a threshold mechanism, the risk associated dose may be calculated using a method which assumes that a threshold mechanism is operative.

(2) Noncarcinogens.

(a) Noncarcinogens shall generally be assumed to have a threshold dose or concentration below which no adverse effects should be observed. Therefore, the tier I criterion or tier II value shall be the maximum water concentration of a substance at or below which a lifetime exposure from drinking the water, consuming fish caught in the water, and ingesting water as a result of participating in water-related recreation activities is likely to be without appreciable risk of deleterious effects. For some noncarcinogens, there may not be a threshold dose below which no adverse effects are observed. Chemicals acting as genotoxic teratogens and germline mutagens are thought to possibly produce reproductive or developmental effects via a genetically linked mechanism which may have no threshold. Other chemicals also may not demonstrate a threshold. Criteria and values for these types of chemicals shall be established on a case-by-case basis using appropriate assumptions reflecting the likelihood that no threshold exists.

(b) All appropriate human and animal toxicologic data shall be reviewed and evaluated. To the maximum extent possible, data most specific to the environmentally relevant route of exposure shall be used. Oral exposure data should be used preferentially over dermal and inhalation since, in most cases, the exposure routes of greatest concern are fish consumption and drinking water/incidental ingestion. When acceptable human data are not available (e.g., well-conducted epidemiologic studies), animal data from species most biologically relevant to humans shall be used. In the absence of data to distinguish the most relevant species, data from the most sensitive animal species tested, i.e., the species showing a toxic effect at the lowest administered dose (given a relevant route of exposure), shall be used.

(c) Minimum data requirements are specified in paragraph (B)(2) of this rule. The experimental exposure level representing the highest level tested at which no adverse effects were demonstrated (NOAEL) from studies satisfying the provisions of paragraph (B)(2) of this rule shall be used for criteria calculations. In the absence of a NOAEL, the LOAEL from studies satisfying the provisions of paragraph (B)(2) of this rule may be used if it is based on mild and reversible effects.

(d) Uncertainty factors shall be used to account for the uncertainties in predicting acceptable dose levels for the general human population based upon experimental animal data or limited human data.

(i) An uncertainty factor of ten shall be used when extrapolating from valid experimental results from studies on prolonged exposure to average healthy humans. This ten-fold factor is used to protect sensitive members of the human population.

(ii) An uncertainty factor of one hundred shall be used when extrapolating from valid results of long-term studies on experimental animals when results of studies of human exposure are not available or are inadequate. In comparison to paragraph (C)(2)(d)(i) of this rule, this represents an additional ten-fold uncertainty factor in extrapolating data from the average animal to the average human.

(iii) An uncertainty factor of up to one thousand shall be used when extrapolating from animal studies for which the exposure duration is less than chronic, but greater than ninety days length, or when other significant deficiencies in study quality are present, and when useful long-term human data are not available.

(iv) An uncertainty factor of up to three thousand shall be used when extrapolating from animal studies for which the exposure duration is less than twenty-eight days.

(v) An additional uncertainty factor of between one and ten may be used when deriving a criterion from a LOAEL. The level of additional uncertainty applied shall depend upon the severity and the incidence of the observed adverse effect.

(vi) An additional uncertainty factor of between one and ten may be applied when there are limited effects data or incomplete sub-acute or chronic toxicity data (e.g., reproductive/developmental data). The level of quality and quantity of the experimental data available as well as structure-activity relationships shall be used to determine the factor selected.

(vii) When deriving an uncertainty factor in developing a tier I criterion or tier II value, the total uncertainty, as calculated following the guidance of paragraphs (C)(2)(d)(i) to (C)(2)(d)(vi) of this rule, shall not exceed ten thousand for tier I criteria and thirty thousand for tier II values.

(e) All study results shall be converted, as necessary, to the standard unit for acceptable daily exposure of milligrams of toxicant per kilogram of body weight per day (mg/kg/day). Doses shall be adjusted for continuous exposure.

(3) Criteria and value derivation.

(a) Carcinogens. The tier I HCC and tier II HCV shall be calculated using the following equation:

Where:

HCV = human cancer value in milligrams per liter (mg/l).

RAD = risk associated dose in milligrams toxicant per kilogram body weight per day (mg/kg/day) that is associated with a lifetime incremental cancer risk equal to one in one hundred thousand.

BW = weight of an average human (seventy kilograms).

WC = per capita water consumption (two liters/day for surface waters designated as public water supplies and 0.01 liters/day for surface waters not designated as public water supplies).

FCTL3 = mean consumption of trophic level three of regionally caught freshwater fish (0.0036 kilogram/day).

FCTL4 = mean consumption of trophic level four of regionally caught freshwater fish (0.0114 kilogram/day).

BAFHHTL3 = bioaccumulation factor for trophic level three fish, as derived using the BAF methodology contained in rule 3745-1-41 of the Administrative Code.

BAFHHTL4 = bioaccumulation factor for trophic level four fish, as derived using the BAF methodology contained in rule 3745-1-41 of the Administrative Code.

(b) Noncarcinogens. The tier I HNC or tier II HNV shall be calculated using the following equation:

Where:

HNV = human noncancer value in milligrams per liter (mg/l).

ADE = acceptable daily exposure in milligrams toxicant per kilogram body weight per day (mg/kg/day).

RSC = relative source contribution factor of 0.8. An RSC derived from actual exposure data may be developed using the methodology outlined in "Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health, Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency."

BW = weight of an average human (seventy kilograms).

WC = per capita water consumption (two liters/day for surface waters designated as public water supplies and 0.01 liters/day for surface waters not designated as public water supplies).

FCTL3= mean consumption of trophic level three fish by regional sport fishers of regionally caught freshwater fish (0.0036 kilogram/day).

FCTL4= mean consumption of trophic level four fish by regional sport fishers of regionally caught freshwater fish (0.0114 kg/day).

BAFHHTL3 = human health bioaccumulation factor for edible portion of trophic level three fish, as derived using the BAF methodology contained in rule 3745-1-41 of the Administrative Code.

BAFHHTL4 = human health bioaccumulation factor for edible portion of trophic level four fish, as derived using the BAF methodology contained in rule 3745-1-41 of the Administrative Code.

(D) Application of criteria and values. The HCC, HCV, HNC and HNV shall be applied as thirty-day average concentrations outside the mixing zone.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 10/31/1997
Rule 3745-1-43 | Methodology for the development of wildlife criteria for the lake Erie drainage basin.
 

[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.]

This rule applies to water bodies located in the lake Erie drainage basin. This rule establishes a methodology which is required when developing tier I wildlife criteria for bioaccumulative chemicals of concern (BCCs).

(A) General provisions.

(1) A tier I wildlife criterion is the concentration of a substance which is likely to, if not exceeded, protect avian and mammalian wildlife populations inhabiting the lake Erie drainage basin from adverse effects resulting from the ingestion of water and aquatic prey taken from surface waters of the lake Erie drainage basin. These criteria are based on existing toxicological studies of the substance of concern and quantitative information about the exposure of wildlife species to the substance through food and water consumption. Separate avian and mammalian values are developed using taxonomic class-specific toxicity data and exposure data for five representative wildlife species. The wildlife species selected are representative of avian and mammalian species resident in the Great Lakes basin which are likely to experience the highest exposures to bioaccumulative contaminants through the aquatic food web; they are the bald eagle, herring gull, belted kingfisher, mink, and river otter.

(2) Rule 3745-1-39 of the Administrative Code describes the procedures for calculating site-specific wildlife criteria.

(3) The term "wildlife value" (WV) is used to denote the value for each representative species which results from using the equation in this rule, the value obtained from averaging species values within a class, or any value derived from application of the site-specific procedure provided in rule 3745-1-39 of the Administrative Code. The WVs calculated for the representative species are used to calculate taxonomic class-specific WVs. The WV is the concentration of a substance which, if not exceeded, should better protect the taxon in question.

(4) "Tier I wildlife criterion," or "tier I criterion" is used to denote the number derived from data meeting the tier I minimum database requirements, and which will be protective of the two classes of wildlife.

(B) Calculation of wildlife values for tier I criteria.

(1) Equation for avian and mammalian wildlife values. Tier I wildlife values for BCCs shall be calculated using the following equation:

Where:

WV = wildlife value in milligrams of substance per liter (mg/l).

TD = test dose in milligrams of substance per kilograms per day (mg/kg-d) for the test species. This shall be either a NOAEL or a LOAEL.

UFA = uncertainty factor for extrapolating toxicity data across species (unitless). A species-specific UF shall be selected and applied to each representative species, consistent with the equation.

UFs = UF for extrapolating from subchronic to chronic exposures (unitless).

UFL = UF for LOAEL to NOAEL extrapolations (unitless).

Wt = average weight in kilograms (kg) for the representative species.

W = average daily volume of water consumed in liters per day (l/d) by the representative species.

FTLi = average daily amount of food consumed from trophic level I in kilograms per day (kg/d) by the representative species.

BAFWLTLi = bioaccumulation factor for wildlife food in trophic level I in liters per kilogram (l/kg), developed using the BAF methodology contained in rule 3745-1-41 of the Administrative Code. For consumption of piscivorous birds by other birds (e.g., herring gull by eagles), the BAF shall be derived by multiplying the trophic level three BAF for fish by a biomagnification factor to account for the biomagnification from fish to the consumed birds.

(2) Identification of representative species for protection. For bioaccumulative chemicals, piscivorous species are identified as the focus of concern for wildlife criteria development in the Great Lakes. Three avian species (eagle, kingfisher and herring gull) and two mammalian species (mink and otter) serve as representative species for protection. The TD obtained from toxicity data for each taxonomic class shall be used to calculate WVs for each of the five representative species.

(3) Calculation of avian and mammalian wildlife values and tier I criterion derivation. The avian WV is the geometric mean of the WVs calculated for the three representative avian species. The mammalian WV is the geometric mean of the WVs calculated for the two representative mammalian species. The lower of the mammalian and avian WVs shall be selected as the tier I criterion.

(C) Parameters of the effect component of the wildlife criteria methodology.

(1) Definitions. The following definitions provide additional specificity and guidance in the evaluation of toxicity data and the application of this rule:

(a) Acceptable endpoints. For the purpose of wildlife criteria derivation, acceptable subchronic and chronic endpoints are those which affect reproductive or developmental success, organismal viability or growth, or any other endpoint which is, or is directly related to, parameters that influence population dynamics.

(b) Chronic effect. An adverse effect that is measured by assessing an acceptable endpoint and results from continual exposure over several generations, or at least over a significant part of the test species' projected life span or life stage.

(c) Subchronic effect. An adverse effect, measured by assessing an acceptable endpoint, resulting from continual exposure for a period of time less than that deemed necessary for a chronic test.

(2) Minimum toxicity database for tier I criteria development. A TD value is required for criterion calculation. To derive a tier I criterion for wildlife, the data set shall provide enough data to generate a subchronic or chronic dose-response curve for any given substance for both mammalian and avian species. In reviewing the toxicity data available which meet the minimum data requirements for each taxonomic class, the following order of preference shall be applied to select the appropriate TD to be used for calculation of individual WVs. Data from peer-reviewed field studies of wildlife species take precedence over other types of studies, where such studies are of adequate quality. An acceptable field study shall be of subchronic or chronic duration, provide a defensible, chemical-specific dose-response curve in which cause and effect are clearly established, and assess acceptable endpoints as defined in this document. When acceptable wildlife field studies are not available, or determined to be of inadequate quality, the needed toxicity information may come from peer-reviewed laboratory studies. When laboratory studies are used, preference shall be given to laboratory studies with wildlife species over traditional laboratory animals to reduce uncertainties in making interspecies extrapolations. All available laboratory data and field studies shall be reviewed to corroborate the final tier I criterion, to assess the reasonableness of the toxicity value used, and to assess the appropriateness of any UFs which are applied. When evaluating the studies from which a test dose is derived in general, the following requirements shall be met:

(a) The mammalian data shall come from at least one well-conducted study of ninety days or greater designed to observe subchronic or chronic effects as defined in this document.

(b) The avian data shall come from at least one well-conducted study of seventy days or greater designed to observe subchronic or chronic effects as defined in this rule.

(c) In reviewing the studies from which a TD is derived for use in calculating a WV, studies involving exposure routes other than oral may be considered only when an equivalent oral daily dose can be estimated and technically justified because the criteria calculations are based on an oral route of exposure.

(d) In assessing the studies which meet the minimum data requirements, preference shall be given to studies which assess effects on developmental or reproductive endpoints.

(3) Selection of TD data. In selecting data to be used in the derivation of WVs, the evaluation of acceptable endpoints, as defined in paragraph (C)(1) of this rule, shall be the primary selection criterion. All data not part of the selected subset may be used to assess the reasonableness of the toxicity value and the appropriateness of the UFs which are applied, as follows:

(a) If more than one TD value is available within a taxonomic class, based on different endpoints of toxicity, that TD which is likely to reflect best potential impacts to wildlife populations through resultant changes in mortality or fecundity rates shall be used for the calculation of WVs.

(b) If more than one TD is available within a taxonomic class, based on the same endpoint of toxicity, the TD from the most sensitive species shall be used.

(c) If more than one TD based on the same endpoint of toxicity is available for a given species, the TD for that species shall be calculated using the geometric mean of those TDs.

(4) In those cases in which a TD is available in units other than milligrams of substance per kilograms per day (mg/kg/d), the following procedures shall be used to convert the TD to the appropriate units prior to calculating a WV.

(a) If the TD is given in milligrams of toxicant per liter of water consumed by the test animals (mg/l), the TD shall be multiplied by the daily average volume of water consumed by the test animals in liters per day (l/d) and divided by the average weight of the test animals in kilograms (kg).

(b) If the TD is given in milligrams of toxicant per kilogram of food consumed by the test animals (mg/kg), the TD shall be multiplied by the average amount of food in kilograms consumed daily by the test animals (kg/d) and divided by the average weight of the test animals in kilograms (kg).

(5) Drinking and feeding rates.

(a) When drinking and feeding rates and body weight are needed to express the TD in milligrams of substance per kilograms per day (mg/kg/d), they shall be obtained from the study from which the TD was derived. If not already determined, body weight, and drinking and feeding rates shall be converted to a wet weight basis.

(b) If the study does not provide the needed values, the values shall be determined from appropriate scientific literature. For studies done with domestic laboratory animals, either the "Registry of Toxic Effects of Chemical Substances" or "Recommendations for and Documentation of Biological Values for Use in Risk Assessment" shall be consulted. When these references do not contain exposure information for the species used in a given study, either the allometric equations in this rule or the exposure estimation methods presented in chapter 4 of "The Wildlife Exposure Factors Handbook" should be applied to approximate the needed feeding or drinking rates. The choice of the methods described in this paragraph is at the discretion of the director.

(c) For mammalian species, the general allometric equations are as follows:

(i) F = 0.0687 (Wt)0.82

Where:

F = feeding rate of mammalian species in kilograms per day (kg/d) dry weight.

Wt = average weight in kilograms (kg) of the test animals.

(ii) W = 0.099 (Wt)0.90

Where:

W = drinking rate of mammalian species in liters per day (l/d).

Wt = average weight in kilograms (kg) of the test animals.

(d) For avian species, the general allometric equations are:

(i) F = 0.0582 (Wt)0.65

Where:

F = feeding rate of avian species in kilograms per day (kg/d) dry weight.

Wt = average weight in kilograms (kg) of the test animals.

(ii) W = 0.059 (Wt)0.67

Where:

W = drinking rate of avian species in liters per day (l/d).

Wt = average weight in kilograms (kg) of the test animals.

(6) LOAEL to NOAEL extrapolations (UFL). In those cases in which a NOAEL is unavailable as the TD and a LOAEL is available, the LOAEL may be used to estimate the NOAEL. If used, the LOAEL shall be divided by an UF to estimate a NOAEL for use in deriving WVs. The value of the UF shall not be less than one and shall not exceed ten, depending on the dose-response curve and any other available data, and is represented by UFL in the equation expressed in paragraph (B)(1) of this rule.

(7) Subchronic to chronic extrapolations (UFs). In instances where only subchronic data are available, the TD may be derived from subchronic data. In such cases, the TD shall be divided by an UF to extrapolate from subchronic to chronic levels. The value of the UF shall not be less than one and shall not exceed ten, and is represented by UFs in the equation expressed in paragraph (B)(1) of this rule. This factor shall be used when assessing highly bioaccumulative substances where toxicokinetic considerations suggest that a bioassay of limited length underestimates chronic effects.

(8) Interspecies extrapolations (UFA).

(a) The selection of the UFA shall be based on the available toxicological data and on available data concerning the physicochemical, toxicokinetic, and toxicodynamic properties of the substance in question and the amount and quality of available data. This value is a UF that is intended to account for differences in toxicological sensitivity among species.

(b) For the derivation of tier I criteria, a UFAshall not be less than one and shall not exceed one hundred, and shall be applied to each of the five representative species, based on existing data and the director's best professional judgement. The value of UFAmay differ for each of the representative species.

(c) For tier I wildlife criteria, the UFAshall be used only for extrapolating toxicity data across species within a taxonomic class, except as provided in this paragraph. The tier I UFA is not intended for interclass extrapolations because of the poorly defined comparative toxicokinetic and toxicodynamic parameters between mammals and birds. However, an interclass extrapolation employing a UFA may be used for a given chemical if it can be supported by a validated biologically-based dose-response model or by an analysis of interclass toxicological data, considering acceptable endpoints, for a chemical analog that acts under the same mode of toxic action.

(D) Parameters of the exposure component of the wildlife criteria methodology.

(1) Drinking and feeding rates of representative species. The body weights (Wt), feeding rates (FTLi), drinking rates (W), and trophic level dietary composition (as food ingestion rate and per cent in diet) for each of the five representative species are presented in table 43-1 of this rule.

(2) BAFs. The methodology for development of bioaccumulation factors is in rule 3745-1-41 of the Administrative Code. Trophic level three and four BAFs are used to derive WVs because these are the trophic levels at which the representative species feed.

(E) Application of criteria. The wildlife criterion shall be applied as a thirty-day average concentration outside the mixing zone.

Table 43-1. Exposure parameters for the five representative species identified for protection.

Supplemental Information

Authorized By: 6111.041
Amplifies: 6111.041
Five Year Review Date: 2/6/2022
Prior Effective Dates: 10/5/2007
Rule 3745-1-44 | Whole effluent toxicity provisions.
 

[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: See rule 3745-2-09 of the Administrative Code for whole effluent toxicity water quality based effluent limit calculation procedures.]

(A) Protection of aquatic life - whole effluent approach.

(1) An acute toxicity level of 0.3 acute units (TUa) shall apply outside the mixing zone to limited resource water, warmwater, exceptional warmwater, coldwater, seasonal salmonid, and modified warmwater habitat use designations in accordance with this chapter and the following equation:

TUa = 100/LC50

Where:

LC50 = the median lethal concentration as defined in rule 3745-2-02 of the Administrative Code.

(2) A chronic toxicity level of 1.0 chronic toxic units (TUc) shall apply outside the mixing zone to warmwater, exceptional warmwater, coldwater, seasonal salmonid, and modified warmwater habitat use designations, where:

TUc = 100/IC25 for all chronic endpoints, except that:

TUc = 100/(geometric mean of NOEC and LOEC) for survival or mortality endpoints using daphnid species when this is more restrictive than the TUc value resulting from the definition based on IC25.

(B) The chronic toxicity level does not apply to limited resource water use designations.

(C) For undesignated waters, an acute toxicity level of 0.3 TUa and a chronic toxicty level of 1.0 TUc shall apply outside of the mixing zone.

(D) Acute toxicity within the mixing zone shall be regulated by paragraph (B) of 3745-33-07 of the Administrative Code.

Supplemental Information

Authorized By: 6111.03, 6111.041, 6111.12
Amplifies: 6111.12
Five Year Review Date: 2/6/2022
Prior Effective Dates: 12/30/2002, 6/7/2011
Rule 3745-1-50 | Wetland definitions and availability of documents.
 

[Comment: For dates of non-regulatory government publications, publications of recognized organizations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.]

In addition to the definitions in rules 3745-1-02 and 3745-32-01 of the Administrative Code technical words used in rules 3745-1-50 to 3745-1-54 of the Administrative Code shall be defined as follows:

(A) "33 C.F.R." means Title 33 of the Code of Federal Regulations effective July 1, 2017.

(B) "40 C.F.R." means Title 40 of the Code of Federal Regulations effective July 1, 2017.

(C) "Alternatives analysis" means a systematic review and evaluation of practicable alternatives including avoidance, minimization and compensatory mitigation for impacts to a wetland.

(D) "Applicant" means any person required to submit an application to obtain a section 401 water quality certification or isolated wetland permit from the Ohio environmental protection agency (Ohio EPA).

(E) "Areal cover" means the per cent of vegetation covering any area of wetland. Areal measurements are those made as if the wetland were being viewed from above.

(F) "Avoidance" is the first step in the alternatives analysis and means that the applicant must demonstrate that alternatives that fulfill the basic project purpose and have less or no impacts to the wetland are not practicable, so long as the alternative does not have other significant adverse environmental consequences.

(G) "Biodiversity" means the number of community types, different species, and genetic variants of species found in a given area.

(H) "Bog" means a peat-accumulating wetland that has no significant inflows or outflows and supports acidophilic mosses. Characteristic indicator species may include, but are not limited to Calla palustris, Carex atlantica var. capillacea, Carex echinata, Carex oligosperma, Carex trisperma, Chamaedaphne calyculata, Decodon verticillatus, Eriphorum virginicum, Ilex mucronata, Larix laricina, Scheuchzeria palustris, Sphagnum spp., Vaccinium macrocarpon, Vaccinium corymbosum, Vaccinium oxycoccos, Woodwardia virginica, and Xyris difformis.

(I) "Compensatory mitigation" refers to the final step in the alternatives analysis and means reestablishment (restoration), establishment (creation), rehabilitation (enhancement) or, in certain circumstances preservation of wetlands for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization have been achieved.

(J) "Critical habitat" means the following:

(1) The specific areas within the geographical area currently occupied by a species, at the time it is listed in accordance with the Endangered Species Act on which are found those physical or biological features essential to the conservation of the species, and that may require special management considerations or protection.

(2) Specific areas outside the geographical area occupied by a species at the time it is listed in accordance with the Endangered Species Act, upon a determination by the secretary of the department of the interior, that such areas are essential for the conservation of the species.

(K) "Cumulative impacts" mean the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonable foreseeable future actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. Cumulative impacts shall be considered on a watershed basis.

(L) "Direct impacts" mean effects which are caused by the action and occur at the same time and place.

(M) "Dispersal corridor" means an area that is used by organisms to move from one place of suitable habitat to another.

(N) "Endangered species" means a native Ohio plant species listed or designated by the Ohio department of natural resources as endangered or extirpated pursuant to section 1518.01 of the Revised Code, and animal species listed or designated as endangered or extirpated by the Ohio department of natural resources pursuant to section 1531.25 of the Revised Code; or any plant or animal species that is native to Ohio or that migrates or is otherwise reasonably likely to occur within the state which has been listed as endangered pursuant to section 4 of the Endangered Species Act.

(O) "Establishment (creation)" means the manipulation of the physical, chemical, or biological characteristics present to establish a wetland where one did not formerly exist at an upland site.

(P) "Fen" means a carbon accumulating (peat, muck) wetland that is saturated, primarily by a discharge of free flowing ground water during most of the year. Fens are rarely inundated. Fens often have a sloped surface which prevents the accumulation of stagnant or ponded water. The water of fens is usually mineral rich and has a circumneutral pH (5.5-9.0). In calcareous fens, soil may be dominated by deposits of calcium carbonate rich sediments (marl). Characteristic indicator species may include, but are not limited to Cacalia plantaginea, Carex flava, Carex sterilis, Carex stricta, Dasiphora fruticosa, Deschampsia caespitosa, Eleocharis rostellata, Eriophorum viridicarinatum, Gentianopsis spp., Lobelia kalmii, Oligoneuron ohioense, Parnassia glauca, Rhamnus alnifolia, Rhynchospora capillacea, Salix candida, Salix myricoides, Salix serissima, Tofieldia glutinosa, Triglochin maritimum, Triglochin palustre, and Zygadenus elegans var. glaucus.

(Q) "Field Manual for the Amphibian Index of Biotic Integrity for Wetlands" (Ohio EPA, 2011) is available on Ohio EPA's website at: http://epa.ohio.gov/dsw/401/ecology.aspx#149364495-reports. This document may also be obtained by writing to: "Ohio EPA, Division of Surface Water, PO Box 1049, Columbus, Ohio 43216-1049."

(R) "Forested wetland" means a wetland class characterized by woody vegetation that is twenty feet tall or taller.

(S) "Floodplain" means the relatively level land next to a stream or river channel that is periodically submerged by flood waters. It is composed of alluvium deposited by the present stream or river when it floods.

(T) "Function" means the physical, chemical, and biological processes occurring ina wetland that contribute to a larger ecological condition such as water quality improvement, flood control or biodiversity maintenance.

(U) "Ground water discharge" means water flowing out of a ground water zone. In regards to wetlands, ground water discharge occurs when water flows from a ground water zone to a wetland.

(V) "Ground water recharge" means water flow into a ground water zone. In regards to wetlands, ground water recharge occurs when water flows from a wetland to a ground water zone.

(W) "Hydrologically isolated wetlands" means those wetlands which:

(1) Have no surface water connection to a surface water of the state.

(2) Are outside of, and not contiguous to, any one hundred-year "floodplain" as that term is defined in this rule.

(3) Have no contiguous hydric soil between the wetland and any surface water of the state.

(X) "Indirect impacts" means effects which are caused by the project and that occur farther removed in distance from the project, but are still reasonably foreseeable. Indirect impacts may include related effects on air and water and other natural systems, including ecosystems, and other adverse environmental impacts that may be a consequence of the project.

(Y) "In-kind" means a wetland of a similar structural and functional type to the impacted wetland.

(Z) "In-lieu fee program" means a program that has been approved in accordance with 33 C.F.R. Part 332.8, involving the reestablishment (restoration), establishment (creation), rehabilitation (enhancement), or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements.

(AA) "Long term protection" means compensatory mitigation that is protected with a legal instrument such as an environmental covenant, conservation easement, or deed restriction. In the event a legal instrument is not a viable option based on land ownership or lease agreements where compensatory mitigation has occurred, the applicant must clearly demonstrate operational control to sustain and preserve the compensatory mitigation project after performance standards are met and monitoring requirements have been fulfilled.

(BB) "Minimization" refers to a step in the alternatives analysis and means that unavoidable impacts are reduced to the maximum extent practicable.

(CC) "Mitigation bank" means a site that has been approved in accordance with 33 C.F.R. Part 332.8, where aquatic resources have been reestablished (restored), established (created), rehabilitated (enhanced) or preserved expressly for the purpose of providing compensatory mitigation for authorized impacts.

(DD) "Mitigation ratio" means the rate at which wetland units (e.g., acres) will be reestablished (restored), established (created), rehabilitated (enhanced) or preserved to provide for compensation of unavoidable wetland losses.

(EE) "Native species" means a species which, by scientific evidence, was present in Ohio just prior to European exploration and settlement.

(FF) "Non-native species" means a species which, by scientific evidence, was not present in Ohio just prior to European exploration and settlement.

(GG) "Nuisance organisms" means primarily vegetative organisms, that generally are non-native and have opportunistic growth patterns that displace more diverse assemblages.

(HH) "Ohio Rapid Assessment Method" (ORAM) version 5.0 (Ohio EPA, February 1, 2001) is available on Ohio EPA's website at: http://epa.ohio.gov/dsw/401/ecology.aspx#149364493-ohio-rapid-assessment-method-oram. This document may also be obtained by writing to: "Ohio EPA, Division of Surface Water, PO Box 1049, Columbus, Ohio 43216-1049."

(II) "Old-growth forests" means forests characterized by, but not limited to, the following characteristics: overstory canopy trees of great age (exceeding at least fifty per cent of a projected maximum attainable age for a species); little or no evidence of human-caused understory disturbance during the past eighty to one hundred years; an all-aged structure and multilayered canopies; aggregations of canopy trees interspersed with canopy gaps; and significant numbers of standing dead snags and downed logs.

(JJ) "Permittee" means any person who has been issued a section 401 water quality certification or isolated wetland permit by the Ohio EPA.

(KK) "Practicable" means available and capable of being done after taking into consideration cost, existing technology and logistics in light of overall and basic project purposes. For the purposes of this definition:

(1) "Available" means an alternative which is obtainable for the purpose of the project.

(2) "Basic project purpose" means the generic function of the project.

(3) "Overall project purpose" means the basic project purpose plus consideration of costs and technical and logistical feasibility.

(LL) "Preservation" means the removal of a threat to, or preventing the decline of ecologically important aquatic resources through the implementation of appropriate legal mechanisms to prevent harm to the wetland. Preservation may include protection of adjacent upland areas as necessary to ensure protection of the wetland.

(MM) "Public need" means an activity or project that provides important tangible and intangible gains to society, that satisfies the expressed or observed needs of the public where accrued benefits significantly outweigh reasonably foreseeable detriments.

(NN) "Reestablishment" (restoration) means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded aquatic resource.

(OO) "Rehabilitation (enhancement)" means the manipulation of the physical, chemical, or biological characteristics of existing wetlands to heighten, intensify, or improve existing or historic natural functions of a wetland.

(PP) "Service area" means the geographic area within which impacts can be mitigated at a specific mitigation bank or an in-lieu fee program, as designated in its instrument.

(QQ) "Services" means the benefits that human populations receive from functions that occur in wetlands.

(RR) "Substrate" means solid material, such as soil, on or within which organisms can live.

(SS) "Threatened species" means: a native Ohio plant species listed or designated by the Ohio department of natural resources as threatened with extirpation pursuant to section 1518.01 of the Revised Code; or an animal species listed or designated as threatened with statewide extinction by the Ohio department of natural resources pursuant to section 1531.25 of the Revised Code; or a species that appears on the threatened species registry, as defined in rule 3745-1-05 of the Administrative Code; or any plant or animal species that is native to Ohio or that migrates or is otherwise reasonably likely to occur within the state and which has been listed as threatened pursuant to section 4 of the Endangered Species Act.

(TT) "Upland buffer" means land surrounding the jurisdictional edge of a wetland that consists of upland prairie, old field, shrub, or forest vegetation that is maintained in a natural state through passive or active management. This does not include lawns, mowed roadsides, fields where crops are grown or animals pastured, and other similar land uses.

(UU) "Vegetation Index of Biotic Integrity for Wetlands," version 1.5 (Ohio EPA, 2015) is available on Ohio EPA's website at: http://epa.ohio.gov/dsw/401/ecology.aspx#149364495-reports. This document may also be obtained by writing to: "Ohio EPA, Division of Surface Water, PO Box 1049, Columbus, Ohio 43216-1049."

(VV) "Vernal pools" means shallow, temporarily flooded, depressional forested or forest edge wetlands, that are typically dry for most of the summer and fall. These wetlands are generally inundated in the late winter and spring when they are subject to a burst of biological activity, including amphibian breeding. When flooded, vernal pools are often comprised of areas of open water that are not densely vegetated. They also tend to accumulate organic (woody) debris.

(WW) "Watershed" means a common surface drainage area corresponding to one from the list of thirty-seven adapted from the forty-four cataloging units as depicted on the hydrologic unit map of Ohio, U.S. geological survey, 1988, and as described in paragraph (G) of rule 3745-1-54 of the Administrative Code or as otherwise shown on appendix 1 to rule 3745-1-54 of the Administrative Code. Watersheds are limited to those parts of the cataloging units that geographically lie within the borders of the state of Ohio.

Supplemental Information

Authorized By: 6111.041 and 6111.12
Amplifies: 6111.041 and 6111.12
Five Year Review Date: 2/23/2023
Rule 3745-1-51 | Wetland narrative 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 rules 3745-1-03 and 3745-1-50 of the Administrative Code.]

[Comment: To the extent the director has specific authority under Chapter 6111. of the Revised Code, including sections 6111.03 and 6111.041 of the Revised Code, the criteria specified in this rule are applicable to the maintenance or rehabilitation (enhancement) of wetland functions. Such authority includes the issuance of certifications under section 401 of the Clean Water Act, 33 U.S.C. section 1341, and Chapter 3745-32 of the Administrative Code, the issuance of NPDES permits under section 402 of the Clean Water Act, 33 U.S.C. section 1342, and Chapter 3745-33 of the Administrative Code, and the issuance of permits and plan approvals under Chapter 3745-42 of the Administrative Code and sections 6111.44 and 6111.45 of the Revised Code.]

In addition to the criteria listed in rule 3745-1-04 of the Administrative Code, to every extent practicable and possible as determined by the director, and except as authorized in accordance with rule 3745-1-54 of the Administrative Code, the following narrative criteria shall apply to wetlands.

(A) The hydrology necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent significant adverse impacts on any of the following:

(1) Water currents, erosion or sedimentation patterns.

(2) Natural water temperature variations.

(3) Chemical, nutrient and dissolved oxygen regimes of the wetland.

(4) The movement of aquatic fauna.

(5) The pH of the wetland.

(6) Water levels or elevations, including those resulting from ground water recharge and discharge.

(7) The biological integrity of natural floral and faunal communities.

(B) Water quality necessary to support existing habitats, and the populations of wetland flora and fauna shall be protected to prevent significant adverse impacts on any of the following:

(1) Food supplies for fish and wildlife.

(2) Reproductive and nursery areas.

(3) Dispersal corridors, as that term is defined in rule 3745-1-50 of the Administrative Code.

(4) Biodiversity.

(5) Maturity level of woody vegetation.

(6) Water quality shall be protected to prevent conditions conducive to the establishment or proliferation of nuisance organisms, as that term is defined in rule 3745-1-50 of the Administrative Code.

(C) Conditions shall not occur that will have a significant adverse impact on the ability of the wetland to be used for wetland-dependent recreational opportunities in or on the water.

Supplemental Information

Authorized By: 6111.041 and 6111.12
Amplifies: 6111.041 and 6111.12
Five Year Review Date: 2/23/2023
Prior Effective Dates: 10/17/2003
Rule 3745-1-52 | Numeric chemical criteria for waste water discharges to wetlands.
 

For the purposes of establishing waste water discharge permit limits for waste water discharges to wetlands pursuant to Chapter 6111. of the Revised Code, numeric chemical criteria associated with the "warmwater aquatic life habitat" use designation, as specified in this chapter of the Administrative Code, shall apply at the "end of pipe". The applicant may submit a request, in writing, to the director to use alternate criteria. The director may approve the request if the use of alternative criteria is deemed not to be injurious to the wetland's designated use and assigned category, as specified in rule 3745-1-54 of the Administrative Code.

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Rule 3745-1-53 | Wetland use designation.
 

All surface waters of the state of Ohio which meet the definition of a wetland in rule 3745-1-02 of the Administrative Code are assigned the wetland designated use.

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Rule 3745-1-54 | Wetland 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 rules 3745-1-03 and 3745-1-50 of the Administrative Code.]

[Comment: For definitions of terms used in this rule, see rules 3745-1-02 and 3745-1-50 of the Administrative Code.]

(A) The provisions in this rule apply in addition to the provisions in rule 3745-1-05 of the Administrative Code.

(B) Wetland antidegradation requirements.

(1) The wetland designated use shall be maintained and protected such that degradation of surface waters through direct, indirect, or cumulative impacts does not result in the net loss of wetland acreage or functions or services in accordance with paragraphs (D), (E), and (F) of this rule.

(2) Wetland categorization and function.

(a) Each wetland shall be assigned a category by Ohio EPA for the purposes of reviews of projects pursuant to this rule. Wetland categories assigned by Ohio EPA for regulatory purposes are valid for a period of five years following assignment by Ohio EPA unless the wetland category assignment is adopted in a permit decision. If adopted in a permit decision, wetland categories assigned by Ohio EPA will remain valid as long as the permit remains valid.

(i) A category will be assigned based on the wetland's relative functions and services, sensitivity to disturbance, rarity, and potential to be adequately compensated for by wetland mitigation.

(ii) In assigning a wetland category, the director will consider the results of an appropriate wetland evaluation method acceptable to the director, including but not limited to the "Ohio Rapid Assessment Method (ORAM)" version 5.0, "Vegetation Index of Biotic Integrity for Wetlands (VIBI)" version 1.5, and "Amphibian Index of Biotic Integrity for Wetlands (AmphIBI)", and other information necessary in order to fully assess the wetland's functions and services.

(iii) In assessing any reestablished (restored), established (created), or rehabilitated (enhanced) wetland for any purpose, the director will consider the results of VIBI or other appropriate wetland evaluation method acceptable to the director. ORAM is not an acceptable wetland evaluation method for reestablished (restored), established (created), or rehabilitated (enhanced) wetlands.

(iv) Wetland antidegradation categories, and the requirements for an antidegradation review for wetlands in each category, are outlined in paragraphs (C) and (D) of this rule.

(b) The functions and services of a wetland may include, but are not limited to, the following:

(i) Ground water exchange, including the discharge and recharge of ground water.

(ii) Nutrient removal or transformation.

(iii) Sediment or contaminant retention.

(iv) Water storage.

(v) Sediment stabilization.

(vi) Shoreline stabilization.

(vii) Maintenance of biodiversity, as that term is defined in rule 3745-1-50 of the Administrative Code.

(viii) Recreation.

(ix) Education and research.

(x) Habitat for threatened or endangered species.

(3) The director may consider the regional significance of the functions and services a wetland performs (e.g., wetlands recognized as providing important hydrological functions in watershed management plans) when determining whether degradation of the wetland can be authorized.

(4) Threatened or endangered species.

(a) In making determinations regarding the lowering of water quality in wetlands which contain critical habitat for threatened or endangered species, or either the permanent or seasonal presence of a threatened or endangered species, the director shall consider the anticipated impact of the proposed lowering of water quality on the threatened or endangered species.

(b) To assist the director in making this determination, an applicant shall provide Ohio EPA written comments from both the Ohio department of natural resources and the U.S. fish and wildlife service, regarding threatened and endangered species, including the presence or absence of critical habitat, for all wetlands under review, unless another entity has been designated by the aforementioned agencies to make this determination. In that case, the designated entity shall provide the required written comments.

(5) Indirect impacts. In making determinations regarding the lowering of water quality in a wetland, the director may take into consideration other environmental impacts that may be a consequence of approving the request.

(6) Wetlands impacted without prior authorization.

(a) Where a wetland has been degraded or destroyed without prior authorization, the wetland will be considered a category 3 wetland, unless the applicant demonstrates that a lower category is appropriate based on other information including, but not limited to, adjacent wetland or vegetation, aerial photographs, U.S. fish and wildlife service national wetland inventory maps, Ohio wetland inventory maps, public information, on-site inspections, previous site descriptions, and soil maps.

(b) The director may consider other information in determining whether a lower category is appropriate.

(c) When reviewing applications for discharges to wetlands which have occurred without prior authorization, the fact that the discharge has already occurred shall have no bearing on the decision of whether to allow lower water quality. Ohio EPA shall review the impacts based on pre-discharge conditions.

(d) The director may require compensatory mitigation, if approved in accordance with other provisions of this rule, at the same mitigation ratios as required for impacts to category 3 wetlands, as indicated in table E-1 of this rule.

(e) Nothing in paragraph (B)(6) of this rule relieves any person from liability for degrading or destroying a wetland without prior authorization or in violation of any applicable laws.

(C) Wetland categories.

(1) Wetlands assigned to category 1.

(a) Wetlands assigned to category 1 support minimal habitat, and minimal hydrological and recreational functions as determined by an appropriate wetland evaluation methodology acceptable to the director. Wetlands assigned to category 1 do not provide critical habitat for threatened or endangered species or contain rare, threatened or endangered species.

(b) Wetlands assigned to category 1 may be typified by some or all of the following characteristics: hydrologic isolation, low species diversity, a predominance of non-native species (greater than fifty per cent areal cover for vegetative species), no significant habitat or wildlife use, and limited potential to achieve beneficial wetland functions.

(c) Wetlands assigned to category 1 may include, but are not limited to, wetlands that are acidic ponds created or excavated on mined lands without a connection to other surface waters throughout the year and that have little or no vegetation and wetlands that are hydrologically isolated and comprised of vegetation that is dominated (greater than eighty per cent areal cover) by Lythrum salicaria; Phalaris arundinacea; or Phragmites australis.

(2) Wetlands assigned to category 2.

(a) Wetlands assigned to category 2 support moderate habitat, or hydrological or recreational functions as determined by an appropriate wetland evaluation methodology acceptable to the director.

(b) Wetlands assigned to category 2 may include, but are not limited to: wetlands dominated by native species but generally without the presence of, or habitat for, rare, threatened or endangered species; and wetlands which are degraded but have a reasonable potential for reestablishing lost wetland functions.

(3) Wetlands assigned to category 3.

(a) Wetlands assigned to category 3 support superior habitat, or hydrological or recreational functions as determined by an appropriate wetland evaluation methodology acceptable to the director.

(b) Wetlands assigned to category 3 may be typified by some or all of the following characteristics: high levels of diversity, a high proportion of native species, or high functional values.

(c) Wetlands assigned to category 3 may include, but are not limited to: wetlands which contain or provide habitat for threatened or endangered species; high quality forested wetlands, including old growth forested wetlands, mature forested riparian wetlands; vernal pools; and wetlands which are scarce regionally or statewide including, but not limited to, bogs and fens.

(4) In addition to assigning a wetland a category pursuant to this rule, the director may designate a wetland which has national ecological or recreational significance as an outstanding national resource water pursuant to rule 3745-1-05 of the Administrative Code. Requests to undertake activities which will result in short-term disturbances to water quality in wetlands which are designated as outstanding national resource waters shall be evaluated in accordance with rule 3745-1-05 of the Administrative Code.

(D) Wetland avoidance, minimization, and compensatory mitigation.

(1) Alternatives analysis.

(a) Category 1 wetlands. The wetland designated use shall be maintained and protected for wetlands assigned to category 1 unless the applicant demonstrates, to the satisfaction of the director, all of the following:

(i) Avoidance. There is no practicable alternative which would have less or no adverse impact on the wetland ecosystem.

(ii) Minimization. Storm water and water quality controls will be installed in accordance with paragraph (D)(2) of this rule

(iii) The impact would not result in significant degradation to the aquatic ecosystem, as determined consistent with 40 C.F.R Part 230.10(c).

(iv) Compensatory mitigation. The designated use is replaced by a category 2 or category 3 wetland in accordance with table E-1 of this rule.

(b) Category 2 wetlands. The wetland designated use shall be maintained and protected for wetlands assigned to category 2, and no lowering of water quality shall be allowed, unless the applicant demonstrates to the satisfaction of the director all of the following:

(i) Avoidance. There is no practicable alternative, based on technical, social and economic criteria, which would have less or no adverse impact on the wetland ecosystem, so long as the alternative does not have other significant adverse environmental impacts as determined through an off-site and on-site alternatives analysis. Less damaging upland alternatives are presumed to be available for category 2 wetlands, unless clearly demonstrated otherwise.

[Comment: Social considerations may include, but are not limited to, public safety.]

(ii) Minimization. Appropriate and practicable steps have been taken to minimize potential adverse impacts on the wetland ecosystem. For category 2 wetlands, the applicant shall minimize all potential adverse impacts foreseeably caused by the project and each application shall include an evaluation of all of the following:

(a) The spatial requirements of the project.

(b) The location of existing structural or natural features that may dictate the placement or configuration of the proposed project.

(c) The overall and basic purpose of the project and how the purpose relates to the placement, configuration or density of the project.

(d) The sensitivity of the site design to the natural features of the site, including topography, hydrology, and existing flora and fauna.

(e) Direct and indirect impacts.

(iii) The lowering of water quality is necessary to accommodate important social or economic development in the area in which the water body is located.

(iv) Storm water and water quality controls will be installed in accordance with paragraph (D)(2) of this rule.

(v) Compensatory mitigation. The designated use is replaced by a category 2 wetland, of equal or higher quality, or a category 3 wetland in accordance with table E-1 of this rule.

(c) Category 3 wetlands. The wetland designated use shall be maintained and protected in wetlands assigned to category 3, and no lowering of water quality shall be allowed, unless the applicant demonstrates to the satisfaction of the director all of the following:

(i) Avoidance. There is no practicable alternative, based on technical, social and economic criteria, which would have less adverse impact on the wetland ecosystem, so long as the alternative does not have other significant adverse environmental impacts as determined through an off-site and on-site alternatives analysis. Less damaging upland alternatives are presumed to be available for category 3 wetlands, unless clearly demonstrated otherwise.

(ii) Minimization. Appropriate and practicable steps have been taken to minimize potential adverse impacts on the wetland ecosystem. For category 3 wetlands, the applicant shall minimize all potential adverse impacts forseeably caused by the project and each application shall include an evaluation of all of the following:

(a) The spatial requirements of the project.

(b) The location of existing structural or natural features that may dictate the placement or configuration of the proposed project.

(c) The overall and basic purpose of the project and how the purpose relates to the placement, configuration or density of the project.

(d) The sensitivity of the site design to the natural features of the site, including topography, hydrology, and existing flora and fauna.

(e) Direct and in-direct impacts.

(iii) The proposed activity is necessary to meet a demonstrated public need, as defined in rule 3745-1-50 of the Administrative Code and as determined by the director.

[Comment: Additional information on the public need demonstration can be found on pages 6 to 7 of the ORAM manual, as cited in rule 3745-1-50 of the Administrative Code.]

(iv) The lowering of water quality is necessary to accommodate important social or economic development in the area in which the water body is located.

(v) Storm water and water quality controls will be installed in accordance with paragraph (D)(2) of this rule.

(vi) The wetland is not scarce regionally or statewide, or if the wetland is scarce, the project will cause only a short-term disturbance of water quality that will not cause long-term detrimental effects.

(vii) Compensatory mitigation. The designated use is replaced by a category 3 wetland, of equal or higher quality, in accordance with table E-1 of this rule.

(2) Appropriate storm water control measures shall be installed to ensure that peak post-development rates of surface water runoff from the impacted wetland site do not exceed the peak pre-development rates of runoff from the on-site wetlands, for all categories of wetlands. Water quality improvement measures shall be incorporated into the design of the storm water control measures to the maximum extent practicable. Examples of these measures include, but are not limited to, incorporating vegetated areas in the storm water control plans.

(E) Compensatory mitigation requirements.

(1) The compensatory mitigation type and location shall be provided in the following preferred order:

(a) At a mitigation bank, approved in accordance with 33 C.F.R. Part 332.8, with a service area including the same watershed as the location of the proposed wetland impacts that provides credits for the appropriate wetland category and type.

(b) Through an in-lieu-fee program, approved in accordance with 33 C.F.R. Part 332.8, with a service area including the same watershed as the location of the proposed wetland impacts that provides credits for the appropriate wetland category and type.

(c) At a permittee-responsible compensatory mitigation site located in accordance with 33 C.F.R. Part 332.3(b).

(2) Deviations from the preferred order established in paragraph (E)(1) of this rule require a demonstration of all of the following:

(a) Description of the available credits for each approved mitigation bank or in-lieu fee program with a service area including the same watershed as the location of the proposed wetland impacts.

(b) Description of the costs associated with the proposed compensatory mitigation and each preceding option outlined in paragraph (E)(1) of this rule.

(c) Discussion of how the proposed compensatory mitigation will provide a greater ecological benefit than each preceding option outlined in paragraph (E)(1) of this rule.

(3) Compensatory mitigation shall be in-kind unless there is a compelling ecological reason that it should not be. The director may consider compensatory mitigation at a forested wetland mitigation location for impacts to a non-forested wetland site.

(4) Compensatory mitigation ratios.

Category of wetland impactedWetland typeMinimum mitigation ratioWetland replacement category
1 Non-forested1.5 : 1 2 or 3
Forested1.5 : 1
2 Non-forested2.0 : 1 2 or 3
Forested2.5 : 1
3 Non-forested2.5 : 1 3
Forested3.0 : 1

(F) Permittee-responsible compensatory mitigation.

(1) Reestablishment (restoration) or establishment (creation) of wetlands as the sole component of compensatory mitigation shall be in accordance with the ratios and other provisions in paragraph (E) of this rule.

(2) The applicant must demonstrate that the compensatory mitigation site will be protected long term and that appropriate management measures are, or will be, in place to restrict harmful activities that may jeopardize the compensatory mitigation wetland.

(3) Compensatory mitigation shall be in the form of wetland reestablishment (restoration) unless it can be demonstrated by the applicant that wetland reestablishment (restoration) is impracticable. Alternative compensatory mitigation options include wetland establishment (creation) and wetland rehabilitation (enhancement). These and other alternative compensatory mitigation options, including preservation of high quality wetlands and upland buffers adjacent to wetlands assigned to category 2 or category 3 which have been avoided in accordance with other provisions of this rule, may be considered on a case-by-case basis.

(4) Reestablishment (restoration) or establishment (creation) of wetlands as compensatory mitigation shall replace the impacted wetland with an equivalent or higher quality wetland.

(5) Wetland rehabilitation (enhancement).

(a) Wetland rehabilitation (enhancement) may be a component of acceptable compensatory mitigation. In determining the acceptability of wetlands rehabilitation (enhancement) as compensatory mitigation, the director shall consider the extent to which the rehabilitation (enhancement) activities will improve or repair the existing or natural functions and services of the wetland.

(b) Wetland rehabilitation (enhancement) will be considered most favorably as a component of compensatory mitigation when it is located adjacent to a wetland reestablishment (restoration) project.

(c) When wetland rehabilitation (enhancement) is a component of acceptable compensatory mitigation, wetlands reestablishment (restoration) or establishment (creation) must also be a component of the compensatory mitigation and shall result in at least one acre of reestablished (restored) or established (created) wetland for each acre of wetland that is impacted. Wetland rehabilitation (enhancement) must occur at a rate of at least two acres of wetland rehabilitation (enhancement) for every remaining acre of the compensatory wetland mitigation requirement. The wetland rehabilitation (enhancement) requirement can be calculated using the following equation:

E = [(LMR - 1) x 2] x N, where:

E = minimum number of acres of wetlands required to be enhanced.

LMR = left side of mitigation ratio, from the wetland mitigation table E-1of this rule.

N = number of acres of impacted wetlands.

For example, if the required mitigation ratio for compensatory mitigation of a category 3 forested wetland is 3:1 for an impact to two acres of wetland, an acceptable mitigation plan may include at least two acres of reestablished (restored) or established (created) wetlands and at least eight acres of rehabilitated (enhanced) wetlands.

(6) Wetland preservation.

(a) The director may, in exceptional circumstances, consider wetland preservation, as defined in rule 3745-1-50 of the Administrative Code, for compensatory mitigation if the applicant can demonstrate all of the following:

(i) The wetland to be preserved is a category 3 wetland which will be preserved long term, or the wetland to be preserved is pivotal in protecting a category 3 wetland and both wetlands will be preserved long term, or the wetland is a high quality category 2 wetland with a reasonable potential to reestablish superior functions if preserved, as determined by the director, including, but not limited to, mature forested wetlands, vernal pools and wetlands important to protecting other water resources.

(ii) The wetland to be preserved for compensatory mitigation purposes should have important habitat or water quality characteristics which are imminently threatened.

(iii) The wetland to be preserved for compensatory mitigation purposes shall be deeded to a responsible party for management or rehabilitation (enhancement) in accordance with a plan approved by the director.

(iv) Long term protection of the wetland to be preserved for compensatory mitigation purposes shall include upland buffers and generally occur prior to any filling of wetlands at the project site. At the director's discretion, it may be acceptable for compensatory mitigation to occur concurrently with the impacts at the project site.

(b) When preservation is a component of acceptable compensatory mitigation, wetlands establishment (restoration) or establishment (creation) must also be a component of the compensatory mitigation and shall result in at least one acre of reestablished (restored) or established (created) wetland for each acre of wetland that is impacted to ensure no net loss of wetland acreage or function, unless the director determines that reestablishment (restoration) or establishment (creation) need not be a component of compensatory mitigation based on significant ecological reasons. Wetland preservation must occur at a rate of two acres of preservation for every remaining acre of the compensatory wetland mitigation requirement. The wetland preservation requirement can be calculated using the following equation:

P = [(LMR - 1) x 2] x N, where:

P = minimum number of acres of wetlands required to be preserved.

LMR = left side of mitigation ratio, from wetland mitigation table E-1 of this rule.

N = number of acres of impacted wetlands.

For example, if the required mitigation ratio for compensatory mitigation of a category 3 forested wetland is 3:1 for an impact to two acres of wetland, an acceptable compensatory mitigation plan may include at least two acres of reestablished (restored) wetlands and at least eight acres of preserved wetlands.

(7) Upland buffers which are adjacent to wetlands assigned to category 2 or category 3 and which are avoided in accordance with the requirements of paragraph (D)(1)(b)(i) or (D)(1)(c)(i) of this rule, may be a component of acceptable compensatory mitigation, if the applicant can demonstrate all of the following:

(a) The average upland buffer width exceeds the minimum of fifty feet for category 2 wetlands and one hundred feet for category 3 wetlands.

(b) The upland buffer and the wetland are preserved long term.

(c) The upland buffer consists of native vegetation which is not maintained through mowing, application of herbicide or other means which would result in deleterious effects to either the upland buffer or the adjacent wetland.

(d) When upland buffers are a component of acceptable compensatory mitigation, credit shall not exceed more than 0.5 units of the required compensatory mitigation ratio, as identified in table E-1 of this rule. For example, upland buffers could be used to reduce the compensatory mitigation requirement for a category 2 non-forested wetland from 2.0:1 to 1.5:1.

(8) Compensatory mitigation monitoring. The director shall require the permittee to conduct ecological monitoring of the compensatory mitigation project and submit annual reports detailing the results of the ecological monitoring.

(a) The ecological monitoring may include, but is not limited to, collection of data on hydrologic characteristics, vegetation communities and soils at the compensatory mitigation site and conducting an assessment of the compensatory mitigation wetlands using an appropriate wetland evaluation method in accordance with paragraph (B)(2)(a)(iii) of this rule.

(b) Ecological monitoring shall be conducted for a period of at least five years for non-forested wetlands and at least ten years for forested wetlands following construction of the compensatory mitigation.

(i) Upon written request, the director may waive ecological monitoring requirements for the full five or ten years if it is demonstrated to the satisfaction of the director that the compensatory mitigation wetland is meeting required goals or targets.

(ii) Upon written request, the director may grant a maximum two year extension from the end of the five year or ten year monitoring period to complete outstanding compensatory mitigation obligations. Submittal of annual reports shall continue during the extension.

(iii) At the end of five years or ten years, or seven years or twelve years if an extension is approved, compensatory mitigation that does not meet required goals or targets shall be rectified through the purchase of mitigation credits at a wetland mitigation bank or through an in-lieu-fee program, when available, in accordance with paragraph (E) of this rule. When mitigation credits are not available, permittees may propose alternate compensatory mitigation to fulfill the permit requirements for the director to consider. The director may consider reductions in the required compensatory mitigation based upon the ecological status of the original compensatory mitigation project.

(G) The following thirty-seven groupings of cataloging units from the hydrologic unit map of Ohio, U.S. geological survey, 1988, shall be the watersheds for the purposes of location of compensatory mitigation : (04100001, 04100002, and 04100009 - combined); (0410003, 04100005 - combined); 04100004; 04100006; 04100007; 04100008; 04100010; 04100011; 04100012; 04110001; 04110002; (04110003 (minus the Chagrin river watershed) and 04110101 - combined); 04110003 (Chagrin river watershed only); 04110004; 05030101; 05030102; 05030103; 05030106; 05030201; 05030202; 05030204; 05040001; 05040002; 05040003; 05040004; 05040005; 05040006; 05060001; 05060002; 05060003; 05080001; (05080002, 05080003, and 05090203 - combined); 05090101; 05090103; 05090201; 05090202; and (05120101 and 05120103 - combined). This information is also depicted in appendix 1 of this rule.

View Appendix

Supplemental Information

Authorized By: 6111.041, 6111.12, 6111.30
Amplifies: 6111.041, 6111.12, 6111.30
Five Year Review Date: 2/23/2023
Prior Effective Dates: 5/1/1998