Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-12 - Total maximum daily loads

Current through all regulations passed and
			 filed through July 1, 2024
[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
				3745-2-02 of the
				Administrative Code.]
(A)
								Administrative procedures.
(1)
									At a minimum,
			 total maximum daily loads (TMDLs) shall be established in accordance with the
			 listing and priority setting process established in Section 303(d) of the act
			 and
			 40
			 C.F.R. 130.7.
(2)
									The director
			 shall do the following for stakeholder involvement during TMDL development in
			 accordance with section
			 6111.562 of the Revised
			 Code:
(a)
										Provide notice of and opportunity for input during the
			 development of a TMDL at each of the following stages:
(i)
											The project
			 assessment study plan, including portions of the plan that seek to determine
			 the causes and sources of impairments or threats.
(ii)
											The biological
			 and water quality study report or an equivalent report.
(iii)
											The loading
			 analysis plan, including, but not limited to, the proposed modeling approach
			 and the water quality restoration targets, goals or criteria.
(iv)
											The preliminary
			 modeling results including the following:
(a)
												Any management
			 choices.
(b)
												Load allocations (LAs) for nonpoint sources of
			 pollutants.
(c)
												Wasteload allocations (WLAs) for point sources of
			 pollutants.
(d)
												Allowances for margin of safety and future
			 growth.
(e)
												Permit limits necessary to achieve the
			 WLAs.
(f)
												Preliminary TMDL implementation plan establishing
			 specific actions, schedules and monitoring proposed to effectuate a
			 TMDL.
(b)
										Provide notice as
			 required in paragraph (A)(2)(a) of this rule to the following
			 stakeholders:
(i)
											Potentially affected dischargers.
(ii)
											County soil and
			 water conservation districts.
(iii)
											Other
			 interested stakeholders. This may include a watershed specific stakeholder
			 distribution list or listserv.
(c)
										Allow not less
			 than thirty days for input at each stage required in paragraph (A)(2)(a) of
			 this rule.
(d)
										For TMDLs in development prior to September 29, 2017,
			 provide at least two opportunities for stakeholder input prior to submittal of
			 the TMDL to U.S. EPA for approval.
[Comment: The director may provide
				stakeholder notification through posting of information on the Ohio EPA website
				and electronic notifications, or first class mail if electronic means are not
				available.]
[Comment: The director may convene a
				watershed advisory committee to provide input to Ohio EPA on an individual
				project throughout the TMDL development process.]
[Comment: The director may organize
				stakeholder meetings during the development of a TMDL depending upon the level
				of stakeholder interest in a given watershed.]
(3)
									Official draft TMDL. The director shall prepare an official
			 draft TMDL prior to establishing a final TMDL, as follows:
(a)
										The official
			 draft TMDL shall include both of the following:
(i)
											An estimate of
			 the total amount of each pollutant that causes water quality impairment from
			 all sources.
(ii)
											An estimate of the total amount of pollutants that may
			 be added to the water of the state while still allowing the water of the state
			 to achieve and maintain applicable water quality standards.
(b)
										The
			 director shall provide public notice of the official draft TMDL in accordance
			 with rule
			 3745-49-07 of the
			 Administrative Code. In addition to the information required by rule
			 3745-49-08
			 of the Administrative Code, the public notice shall specify both of the
			 following:
(i)
											The water of the state to which the official draft TMDL
			 relates.
(ii)
											The time, date and location of the public hearing, if
			 applicable.
(c)
										The director shall send the public notice to the
			 following stakeholders:
(i)
											All individuals NPDES permit holders that discharge
			 into the water of the state to which the official draft TMDL
			 relates.
(ii)
											All significant industrial users listed in the permit
			 holders' annual report.
(iii)
											Other stakeholders that provided input during the
			 development of the TMDL in accordance with paragraph (A)(2) of this
			 rule.
(iv)
											Agency listservs or wastershed specific stakeholder
			 distribution list, if available.
(d)
										The director
			 shall allow not less than sixty days for comment on the official draft
			 TMDL.
(e)
										The director shall provide an opportunity for public
			 hearing regarding the official draft TMDL if there is significant public
			 interest. Interested persons may request, in writing, that Ohio EPA hold a
			 public hearing on an official draft TMDL within thirty days after the public
			 notice of the official draft TMDL. Requests shall state the nature of issues
			 proposed to be raised at the hearing. Ohio EPA will hold a public hearing if
			 any of the following occur:
(i)
											Requests are made from one or more public officials,
			 any affected state, U.S. EPA or other federal agency.
(ii)
											Requests are
			 made from seven or more citizens.
(iii)
											Request is made
			 from an organized citizens group, including watershed groups, trade
			 associations or other non-profit organizations, or potentially impacted
			 entities.
(iv)
											The director determines that the public interest would
			 be served by holding a hearing.
(f)
										The director
			 shall prepare and make available a written responsiveness summary of the
			 comments received during the applicable comment period on the official draft
			 TMDL. The director may consider comments received after the comment deadline as
			 time and circumstances allow.
(4)
									Final TMDL. After
			 completion of the items in paragraph (A)(3) of this rule if the director
			 determines it is appropriate to complete the TMDL, the director shall establish
			 a final TMDL and submit the final TMDL to U.S. EPA for approval. A final TMDL
			 may be challenged in accordance with section
			 6111.564 of the Revised
			 Code.
(5)
									TMDL modifications. The director may modify an official
			 draft, final or U.S. EPA approved TMDL. A modification, other than a
			 modification to a draft or final TMDL consistent with comments received, is
			 subject to the requirements in paragraph (A)(3) of this rule.
(6)
									Where a TMDL is
			 not required by paragraph (A)(1) of this rule or it is not technically feasible
			 to complete development of a TMDL prior to NPDES permit issuance or renewal
			 deadlines for a discharge to a TMDL assessment area, Ohio EPA may develop water
			 quality based effluent limits (WQBELs) for a discharge in the absence of a TMDL
			 pursuant to rules
			 3745-2-04
			 to
			 3745-2-11
			 of the Administrative Code.