Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-26 - Cuyahoga river drainage basin

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
				3745-1-03
				of the Administrative Code.]
(A)
			 The water bodies listed in table 26-2 of this rule are ordered from downstream
			 to upstream. Tributaries of a water body are indented. The aquatic life
			 habitat, water supply and recreation use designations are defined in rule
			 3745-1-07
			 of the Administrative Code. The state resource water use designation is defined
			 in rule
			 3745-1-05 of the
			 Administrative Code. The most stringent criteria associated with any one of the
			 use designations assigned to a water body will apply to that water
			 body.
(B) Figure 1 of the appendix
			 to this rule is a generalized map of the Cuyahoga river drainage
			 basin.
(C) RM, as used in this
			 rule, stands for river mile and refers to the method used by the Ohio
			 environmental protection agency to identify locations along a water body.
			 Mileage is defined as the lineal distance from the downstream terminus (i.e.,
			 mouth) and moving in an upstream direction.
(D) The following symbols are used throughout
			 table 26-2 of this rule:
* Designated use based on the 1978 water quality
				standards.
+ Designated use based on the results of a biological field
				assessment performed by the Ohio environmental protection agency.
o Designated use based on justification other than the results
				of a biological field assessment performed by the Ohio environmental protection
				agency.
L An L in the warmwater habitat column signifies that the
				stream segment is designated limited warmwater habitat.
(E) The following uses, criteria and
			 conditions shall apply to the Cuyahoga river ship channel:
(1) The Cuyahoga river ship channel is a
			 unique segment of the Cuyahoga river. It is a federally maintained navigation
			 channel which originates at the Newburgh and South Shore railroad bridge (river
			 mile 5.6 ) and empties into the Cleveland harbor portion of
			 lake
			 Erie. The maintenance of the channel is important to commerce and the economic
			 well being of the Cleveland area. The channel averages two hundred seventy feet
			 in width, is maintained at a uniform depth of twenty-three feet and is
			 vertically sheet piled along the vast majority of its length. The physical
			 configuration of the channel results in a ten-day time of travel for a mass of
			 water entering the ship channel at critical low flow conditions.
Modeling projections of water quality in the channel have shown
				that levels of oxygen demanding materials found in natural waters are
				sufficient to depress dissolved oxygen below the warmwater habitat criteria.
				The modeling simulations also indicate that the existing loads of oxygen
				demanding materials could maintain the warmwater habitat dissolved oxygen
				criteria if the river depth was decreased to twelve feet. However, this would
				preclude the use of the channel for commercial navigation.
The physical habitat of the channel and the prevailing
				background dissolved oxygen regime are insufficient to support any resemblance
				of the warmwater habitat aquatic life use designation. A use attainability
				analysis has been conducted and indicates the extant fauna is substantially
				degraded and the potential for recovery of the fauna to the level
				characteristic of other lake Erie river mouths is precluded by irretrievable
				human induced conditions. However, the ship channel is used by fish as a
				migratory route in the spring months. This seasonal and stream flow related use
				shall be recognized and protected through this rule.
Full body contact recreational uses such as rowing, sculling
				and jet skiing do occur in the ship channel. The ship channel is also used as
				an industrial water supply but has no potential to support agricultural or
				public water supply uses.
(2) Use designations for the Cuyahoga river
			 ship channel are as follows:
(a) Aquatic
			 life.
(i) During the months of June
			 to
			 January, and during the remaining months of the year whenever the river flow is
			 less than seven hundred and three cubic feet per second at the United States
			 geological survey gage at Independence (#04208000), the aquatic life use shall
			 be limited resource water - navigation maintenance as defined in rule
			 3745-1-07
			 of the Administrative Code.
(ii)
			 During the months of February to May whenever the river flow equals or exceeds seven
			 hundred and three cubic feet per second at the United States geological survey
			 gage at Independence (#04208000), the aquatic life use shall be fish passage.
			 The fish passage use is defined as those rivers or other water bodies 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 but are capable of supporting the passage of
			 warmwater fish during migratory periods.
(b) Industrial water supply as defined in
			 rule
			 3745-1-07
			 of the Administrative Code.
(c)
			 Primary contact recreation as defined in rule
			 3745-1-07
			 of the Administrative Code.
(3) The criteria and other provisions to
			 protect the designated uses of the ship channel shall be those set forth in
			 rules
			 3745-1-01
			 to
			 3745-1-07and 3745-1-35 of the Administrative Code with the
			 following exceptions:
(a) The limited
			 resource water dissolved oxygen criterion shall be 1.5 mg/l minimum. No
			 dissolved oxygen average criteria apply.
(b) The fish passage criteria shall be the
			 same as the warmwater habitat criteria in rule 3745-1-35 of
			 the Administrative Code, with the exception that the biological criteria
			 in rule
			 3745-1-07
			 of the Administrative Code do not apply.
(4) Pursuant to United States environmental
			 protection agency regulations (40
			 C.F.R.
			 Part 130.7), the director shall
			 utilize the phased total maximum daily load approach as a means of progressing
			 toward attainment of the dissolved oxygen criteria established in paragraph
			 (E)(3) of this rule. The phased total maximum daily load approach is generally
			 recognized by the United States environmental protection agency as an
			 appropriate methodology for achieving a total load reduction compatible with
			 achieving water quality criteria ("Guidance for Water Quality-based Decisions
			 and the TMDL Process").
			 In this instance the concept must consider the expectation of dissolved oxygen
			 enhancement through means other than additional point and nonpoint source load
			 reductions. Based on the background presented in paragraph (E)(1) of this rule
			 and extensive data collection and analysis, the following total maximum daily
			 load components shall be established for oxygen demanding substances:
(a) The wasteloads for point sources shall be
			 those presented in table 26-1 of this rule. Loads for permit 3PA00002 may be
			 established after the steps in paragraphs (E)(4)(b), (E)(4)(c) and (E)(4)(d) of
			 this rule are completed.
(b) The
			 total maximum daily load shall include a component for expected dissolved
			 oxygen enhancement through such means as, but not limited to, off channel
			 re-aeration, sediment remediation and flow augmentation.
(c) An evaluation of the site-specific
			 technical and cost feasibility aspects of implementing off channel re-aeration
			 shall be the first scheduled phase of the Cuyahoga river ship channel total
			 maximum daily load. This evaluation shall be completed no later than two years
			 after the adoption of this rule.
(d) Implementation of off channel re-aeration
			 or other dissolved oxygen enhancement measures, and any wasteload allocation
			 for permit 3PA00002 for oxygen demanding substances, shall occur only after
			 these components of the total maximum daily load are incorporated into this
			 rule.
(5) These
			 standards reflect the desire for restoring and maintaining multiple uses of the
			 ship channel expressed by the Cuyahoga river remedial action plan coordinating
			 committee. All parties, private and public, who contribute to the dissolved
			 oxygen problem may share a responsibility in the study and attainment of these
			 standards. The dissolved oxygen criteria established in paragraph (E)(3) of
			 this rule are intended to be the minimum planning targets for the remedial
			 action planning process to use in evaluating beneficial use restoration. The
			 remedial action planning process should consider innovative means of achieving
			 this target such as off channel re-aeration, sediment remediation and flow
			 augmentation, either alone or in combination with additional point and nonpoint
			 source controls. As with all standards, it will be appropriate to periodically
			 re-assess the dissolved oxygen criteria based upon information collected as
			 part of the feasibility study conducted pursuant to paragraph (E)(4)(c) of this
			 rule or any other studies.
(6)
			 These standards shall be reviewed, and revised if appropriate, every three
			 years. Pursuant to Section 118 of the act (the "Great Lakes Critical Programs
			 Act of 1990") the director shall continue to develop the Cuyahoga river
			 remedial action plan - stage two report in conjunction with the Cuyahoga river
			 remedial action plan coordinating committee. Studies undertaken as part of the
			 remedial action plan and the feasibility study conducted pursuant to paragraph
			 (E)(4)(c) of this rule shall be important components of the standards review
			 process.
Table 26-1. Cuyahoga river ship channel point source loads of
				oxygen demanding substances.
Facility -permit number
Outfall
Ammonia average/maximum
CBOD5
average/maximum
D.O.
NEORSD -3PF00003
001a,g
2.0 mg/l 1324 kg/d
3.0 mg/l 1986 kg/d
10 mg/l 6619 kg/d
15 mg/l 9928 kg/d
5 mg/l
NEORSD -3PF00003
001b,g
5.0 mg/l 3309 kg/d
7.5 mg/l 4964 kg/d
16 mg/l 10,590 kg/d
24 mg/l 15,885 kg/d
5 mg/l
NEORSD -3PF00003
001c,g
8.0 mg/l 5295 kg/d
12 mg/l 7942 kg/d
16 mg/l 10,590 kg/d
24 mg/l 15,885 kg/d
5 mg/l
NEORSD -3PA00002
alld
*
*
*
*
--
Zaclon -3IE00005
004/601
34 mg/l 36.9 kg/d
55 mg/l 59.7 kg/d
45 mg/le
48.9 kg/d
120 mg/le
130 kg/d
--
LTV - 3ID00003
005/604f
21 kg/d
63 kg/d
--
--
--
LTV - 3ID00003
014/605f
9 kg/d
27 kg/d
--
--
--
LTV - 3ID00003
009/606
158 kg/d
317 kg/d
--
--
--
LTV - 3ID00003
027/621f
18.8 kg/d
56.3 kg/d
--
--
--
a Applies during the months of May
				to
				October.
b Applies during the months of
				March, April and November.
c Applies during the months of
				December, January and February.
d Applies to all outfalls to the
				Cuyahoga river and its tributaries.
* Monitoring program required for the combined sewer
				overflows.
e BOD5
				values.
f A variance to these load limits is
				allowable unless the pending 301(g) variance request is denied. If the 301(g)
				variance request is denied, the established implementation schedule will
				apply.
g Loads calculated based upon design
				flow of 175 million gallons per day and are applicable to normal dry weather
				operation. Load values are not intended to restrict facility operation during
				wet weather flows when efforts are made to capture and treat combined sewer
				overflows.
Table 26-2. Use designations for water bodies in the Cuyahoga
				river drainage basin.
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				Appendix