reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-03 - Application of biological survey data to development of water quality-based effluent limitations

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								Applicability.
The provisions of this rule apply to
				waterbodies designated warmwater habitat, exceptional warmwater habitat and
				modified warmwater habitat. When the director has established that a pollutant
				in a point source discharge from an existing source has the reasonable
				potential to cause or contribute to excursions above a water quality criterion
				for aquatic life protection using the procedures established elsewhere in this
				chapter, the director may take into account biological survey data when setting
				the effluent limits for that pollutant where all of the following are
				met:
(1)
									Biological survey data exist that are capable of assessing
			 the attainment of the aquatic life use in the area affected by the permittee's
			 effluent.
(2)
									The biological survey data are deemed credible when
			 collected by a level 3 QDC in accordance with level 3 methods under an approved
			 "Level 3 Project Study Plan" described in rule
			 3745-4-06 of the Administrative
			 Code. Sampling methods descriptions are contained in "Biological Criteria for
			 the Protection of Aquatic Life: Volume III. Standardized Biological Field
			 Sampling and Laboratory Methods for Assessing Fish and Macroinvertebrate
			 Communities" and the description and derivation of indices and ecoregions are
			 contained in "Biological Criteria for the Protection of Aquatic Life: Volume
			 II, Users Manual for Biological Field Assessment of Ohio Surface Waters" cited
			 in paragraph (B) of rule
			 3745-1-03 of the Administrative
			 Code.
(3)
									The biological survey data are collected during a time
			 within the seasonal index period that is representative of the permittee's
			 influence on aquatic life.
(4)
									Bioaccumulative
			 pollutants will be limited by their most stringent applicability for aquatic
			 life or human and wildlife health per rules
			 3745-1-42 and
			 3745-1-43 of the Administrative
			 Code.
(5)
									In the lake Erie basin, the pollutant is listed in
			 table G-1 in rule
			 3745-33-05 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-04 - Determinations preliminary to development of water quality-based effluent limitations

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) For each
			 discharge that may require the development of water quality-based effluent
			 limitations (WQBELs), Ohio EPA shall develop wasteload allocations (WLAs) for
			 pollutants if any of the following apply:
(1) The maximum projected effluent quality
			 (PEQ) determined for that discharge and pollutant is greater than or equal to
			 twenty-five per cent of the smallest of the applicable maximum criteria, where
			 the maximum PEQ is determined in accordance with paragraph (D) of this rule and
			 the criteria are determined in accordance with paragraph (E) of this
			 rule.
(2) The
			 average PEQ determined for that discharge and pollutant is greater than or
			 equal to twenty-five per cent of the smallest of the applicable average
			 criteria, where the average PEQ is determined in accordance with paragraph (D)
			 of this rule and the criteria are determined in accordance with paragraph (E)
			 of this rule.
(3) The
			 discharge is considered by Ohio EPA to be interactive with one or more other
			 discharges to the receiving water for this pollutant and one or more of the
			 discharges will require WLAs for this pollutant based on conditions other than
			 this condition.
(4) The
			 pollutant has the potential to threaten or impair the designated used of the
			 receiving waters and is known or expected to occur in the discharge during the
			 applicable permit period.
(5) A
			 WQBEL is required to meet other federal, state, or local regulations or as may
			 be necessary to implement surface water or NPDES permit programs.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-05 - Calculating wasteload allocations

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) For
			 discharges of toxic and carcinogenic pollutants to flowing receiving waters, a
			 wasteload allocation (WLA) for a pollutant shall be calculated for each water
			 quality criterion applicable in accordance with rule
			 3745-2-04
			 of the Administrative Code using the following mass balance equation:
[WQC(Qeff +
				Qup) -
				Qup(WQup)] /
				Qeff
Click to view
				image
Where:
WQC = water quality criterion as established in rule
				3745-2-04
				of the Administrative Code.
Qeff = effluent flow as established in
				paragraph (A)(4) of this rule.
Qup = per cent of the stream design flow
				as established in paragraphs (A)(1) and (A) (2) of this rule.
WQup = background water quality as
				established in paragraph (A)(3) of this rule.
Alternative modeling methods (including, but not limited to,
				continuous simulation or probabilistic analyses) may be used at the discretion
				of the director if they are demonstrated to be appropriate and protective of
				applicable water quality criteria.
(1)
			 The following stream design flows shall be used to determine WLAs for
			 discharges to flowing receiving waters, unless otherwise specified in this
			 rule.
(a) 7Q10 for average aquatic life
			 criteria (except for ammonia-nitrogen).
(b) 1Q10 for maximum aquatic life criteria
			 (except for ammonia-nitrogen).
(c)
			 HMQ for agricultural water supply, human health, and aesthetic
			 criteria.
(d) 90Q10 for wildlife
			 criteria.
(e) The per cent of
			 stream design flow contained in paragraph (A)(2) of this rule shall be used in
			 all WLAs, except as specifically provided by paragraph (A)(2)(f) of this rule.
			 The per cent of stream design flow used for conducting WLAs to achieve maximum
			 and average water quality criteria shall be the same, except as provided in
			 paragraphs (A)(2)(d) and (A)(2)(e) of this rule.
(f) Stream design flows for streams that are
			 impacted by reservoirs or other physical alterations which impact stream flow
			 shall be determined on a case-by-case basis, taking into account relevant
			 site-specific factors. Stream design flows for such impacted stream segments
			 shall be established at levels to ensure protection of designated
			 uses.
(g) Alternative flows may be
			 used at the director's discretion if the flow is as protective as those listed
			 in this paragraph.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-06 - Application of preliminary effluent limitations

Current through all
			 regulations passed and filed through July 1, 2024
(A) General provisions.
(1) The average preliminary effluent
			 limitation (PEL) is the lowest wasteload allocation (WLA) based on chronic
			 criteria, and the maximum PEL is the lowest WLA based on acute criteria,
			 calculated pursuant to rule
			 3745-2-05
			 of the Administrative Code.
(2) A
			 water quality-based effluent limitation (WQBEL) or monitoring requirement for a
			 pollutant shall be determined by the reasonable potential of that pollutant to
			 cause or contribute to an excursion of any applicable water quality standard
			 established in or developed under Chapter 3745-1 of the Administrative
			 Code.
(3) Except as provided in
			 paragraph (C) of this rule and paragraph (A) of rule
			 3745-33-07
			 of the Administrative Code, the determination of reasonable potential
			 shall be based on the comparison of the average or the maximum projected
			 effluent quality (PEQ) to the average or the maximum PEL, respectively, and on
			 other site-specific factors in accordance with paragraph (B) of this rule. This
			 comparison will result in the assignment of the pollutant to a group with an
			 associated water quality-based permit condition recommendation. Final permit
			 conditions shall be established by Ohio EPA in accordance with rule
			 3745-33-07
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-07 - Additive effects of pollutants

Current through all regulations
			 passed and filed through July 1, 2024
(A) Carcinogens.
(1) The incremental risk of each known or
			 suspected carcinogen present in a discharge shall be considered additive in
			 accordance with this rule. A known or suspected carcinogen is considered
			 present if its preliminary effluent limitation (PEL) falls within group three,
			 four or five of the reasonable potential procedures contained in rule
			 3745-2-06
			 of the Administrative Code.
(2)
			 Except as provided in paragraphs (A)(3) and (A)(4) of this rule, the following
			 equation shall be used to protect against additive effects associated with
			 simultaneous human exposure to multiple chemicals:
MAC1/HHWLA1 +
				MAC2/HHWLA2 + ... +
				MACn/HHWLAn < or =
				1
Click to view
				image
Where:
MAC = average concentration of all samples collected within the
				month for each limited or monitored carcinogen.
HHWLA = wasteload allocation (WLA) to meet human health
				criteria determined in accordance with rule
				3745-2-05
				of the Administrative Code.
(3) If the discharger demonstrates to the
			 director's satisfaction that the carcinogenic risk is not additive for a
			 pollutant, the director shall exclude that pollutant from paragraph (A)(2) of
			 this rule.
(4) Adjustments to the
			 equation in paragraph (A)(2) of this rule to account for the interaction among
			 discharges to the same receiving water may be made on a case-by-case basis by
			 the director.
(5) Carcinogens shall
			 be considered to be conservative pollutants in the absence of other
			 information.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-09 - Whole effluent toxicity provisions and water quality based effluent limit calculation procedures

Current through all regulations passed and
			 filed through July 1, 2024
a
a
c
c25
c
								c
								25
a
(A) For discharges of
			 whole effluent toxicity (WET) to flowing receiving waters, the WQBEL for WET
			 shall be calculated using the following mass balance equation:
Click to view
				image
Where:
WQC = toxicity level as established in paragraph (A) of
				 rule 3745-1-44
				of the Administrative Code.
Qeff = effluent flow as established in
				paragraph (A)(4) of rule
				3745-2-05
				of the Administrative Code.
Qup = stream design flow as established
				in paragraphs (A)(1) and (A)(2) of rule
				3745-2-05
				of the Administrative Code.
WQup = background water quality as
				established in paragraph (C) of this rule.
An alternative modeling method may be used if the discharger
				demonstrates to Ohio EPA's satisfaction that it is appropriate and protective
				of water quality criteria.
(B) Background water
			 quality for WET calculations shall be determined using the following
			 requirements.
(1) Use 0.0chronic toxic units (TUc
									) for background chronic toxicity unless there is
			 specific information indicating additivity between the discharge and another
			 source or sources in the background waters. If there is evidence of additivity,
			 use 0.5 TUc for background chronic toxicity. If
			 sufficient data exists, use the average value of the data for background
			 chronic toxicity.
(2) To establish
			 background levels of acute toxicity, Ohio EPA shall consider the likelihood for
			 acute toxicity to exist in the background waters of the discharge using
			 available information on the following factors:
(a) The degree and type of biological effects
			 in the background waters determined with biological index measurements.
(b) The frequency and magnitude of acute
			 toxicity occurrences in the background waters used in toxicity tests.
(c) Data on additive, synergistic, or
			 antagonistic effects of a discharge when it is combined with receiving
			 water.
(d) The
			 quality and quantity of each type of data available.
(e) Other relevant factors.
(3) After an analysis of the
			 likelihood for acute toxicity to exist in the background waters of the
			 discharge, background toxicity shall be set equal to one of the following
			 values:
(a) If there is likelihood, use
			 0.15acute toxic units (TUa
										) or if sufficient data are available and
			 indicate that acute toxicity levels are routinely exceeded, use the average
			 value of the data.
(b) If
			 there is no likelihood or there are no data available to make an assessment of
			 the likelihood, use 0.0 TUa
										.
(c) If background toxicity is due to an
			 identifiable discharge that has not yet achieved toxicity limits required by
			 paragraph (B) of rule
			 3745-33-07
			 of the Administrative Code, use 0.0 TUa.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-10 - Wasteload allocation for ammonia-nitrogen toxicity

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) For discharges
			 of ammonia-nitrogen (NH3-N) to flowing receiving
			 waters, the wasteload allocation (WLA) shall be calculated using the following
			 mass balance equation:
Click to view
				image
Where:
WLA = wasteload allocation, as defined
				in rule
				3745-2-02 of the
				Administrative Code.
WQC = water quality criterion as established in rule
				3745-2-04
				of the Administrative Code.
Qeff = effluent design flow as
				established in rule
				3745-2-05
				of the Administrative Code.
Qup = per cent of the upstream design
				flow as established in paragraph (B) of this rule.
WQup = background water quality as
				established in rule
				3745-2-05
				of the Administrative Code.
Alternative modeling methods including, but not limited to,
				continuous simulation or probabilistic analyses, may be used if the director
				determines that they are appropriate and protective of water quality
				criteria.
(B) The following
			 stream design flows shall be used to determine WLAs to maintain water quality
			 criteria for NH3-N toxicity.
(1) May to November: 30Q10 for summer chronic
			 aquatic life.
(2) December to
			 February: 30Q10 for winter chronic aquatic life.
(3) May to November: 7Q10 for summer acute
			 aquatic life.
(4) December to
			 February: 7Q10 for winter acute aquatic life.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-11 - Dissolved oxygen modeling

Current through all regulations passed
			 and filed through July 1, 2024
(A) The loading capacity of a flowing
			 receiving water for dissolved oxygen (D.O.) shall be determined by the use of
			 mathematical water quality models. The models may range from simple solutions
			 based on the Streeter-Phelps equation to complex, time variable models. The
			 model complexity required shall be based on site-specific considerations.
			 Whenever possible, these models should be calibrated and verified using
			 site-specific data.
(1) Alternative modeling
			 methods including, but not limited to, continuous simulation or probabilistic
			 analyses may be used if the director determines that they are appropriate and
			 protective of water quality criteria.
(2) If the director does not have sufficient
			 site-specific stream data for D.O., the director may conduct a wasteload
			 allocation (WLA) to maintain the criteria for ammonia toxicity. The required
			 effluent ammonia may then be used to make a decision regarding necessary
			 treatment related to overall D.O. impact in the receiving water, based on
			 available information on wastewater treatment processes.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
As used in this chapter:
(A)
(1)
			 "Act" means the Federal Water Pollution Control Act (commonly referred to as
			 the Clean Water Act)
			 33 U.S.C. sections
			 1251 to
			 1387.
(2) "Administrator" means the administrator
			 of the United States environmental protection agency.
(3) "Approved POTW pretreatment program" or
			 "POTW pretreatment program" or "pretreatment program" means a program
			 administered by a POTW that meets the criteria established in 40 C.F.R. 403 and
			 section 6111.032 of the Revised Code and that has been approved by the director
			 in accordance with 40 C.F.R. 403 and section 6111.03 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-02 - Purpose and applicability

Current through all regulations passed
			 and filed through July 1, 2024
(A) The purpose of this chapter is to
			 establish as part of a state pretreatment program under Chapter 6111. of the
			 Revised Code, enforceable state requirements and standards regulating the
			 introduction of pollutants into POTWs by industrial users.
(B) This chapter has the following
			 objectives:
(1) To prevent the introduction of
			 pollutants into POTWs that will do either of the following:
(a) Interfere with the operation of a POTW,
			 including interference with the use or disposal of the POTW's sludge.
(b) Pass through the POTW or otherwise be
			 incompatible with such works.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-03 - POTW pretreatment programs

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
				3745-3-01 of the
				Administrative Code.]
(A) Any POTW or
			 a combination of POTWs operated by the same public authority shall establish,
			 administer, and enforce a pretreatment program in accordance with 40 C.F.R. 403
			 and this rule if Ohio EPA does not exercise the option to assume local
			 responsibilities as the control authority where any of the following apply:
(1) The POTW or combination of POTWs has a
			 total cumulative design flow greater than five million gallons per day and
			 receives from industrial users, pollutants that pass through or interfere with
			 the operation of the POTW or that are otherwise subject to national
			 pretreatment standards.
(2) The
			 POTW or combination of POTWs has a total design flow of five million or less
			 gallons per day and receives indirect discharges, if the director determines
			 that such a program is necessary to prevent interference or pass through. The
			 director shall consider and base the determination on any of the following:
(a) The nature or volume of the indirect
			 discharges.
(b) The number, nature,
			 or frequency of violations of effluent limitations contained in the POTW's
			 NPDES permit.
(c) The nature,
			 frequency, or duration of POTW treatment process upsets.
(d) The actual or potential for contamination
			 of municipal sludge.
(e) Whether
			 the indirect discharges are subject to categorical pretreatment
			 standards.
(f) Any other
			 circumstance that causes or contributes to an interference or pass
			 through.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-04 - Prohibited discharges

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
				3745-3-01 of the
				Administrative Code.]
(A) Pollutants
			 introduced into POTWs by an industrial user shall not pass through the POTW or
			 interfere with the operation or performance of the POTW. These general
			 prohibitions and the specific prohibitions in paragraph (B) of this rule apply
			 to all sources of indirect discharge whether or not the source is subject to
			 other national, state, or local pretreatment standards or
			 requirements.
(B) The following
			 described substances shall not be introduced into a POTW:
(1) Pollutants that create a fire or
			 explosion hazard in the POTW including, but not limited to, wastestreams with a
			 closed cup flashpoint of less than sixty degrees Celsius (one hundred forty
			 degrees Fahrenheit), using the test methods specified in
			 40 C.F.R.
			 261.21.
(2) Pollutants that will cause corrosive
			 structural damage to the POTW, but in no case discharges with pH lower than
			 5.0, unless the POTW is specifically designed to accommodate such
			 discharges.
(3) Solid or viscous
			 pollutants in amounts that will cause obstruction to the flow in sewers, or
			 other interference with the operation of the POTW.
(4) Any pollutant, including oxygen demanding
			 pollutants, released in a discharge at a flow rate or pollutant concentration
			 as to cause interference with the POTW.
(5) Heat in amounts that will inhibit
			 biological activity in the POTW treatment plant resulting in interference or
			 causing damage, but in no case heat in such quantities that the temperature
			 exceeds forty degrees Celsius (one hundred four degrees Fahrenheit) at the POTW
			 treatment plant unless the director, upon request of the POTW, approves an
			 alternate temperature limit.
(6)
			 Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin
			 in amounts that will cause interference or pass through.
(7) Pollutants that result in the presence of
			 toxic gases, vapors, or fumes within the POTW in a quantity that may cause
			 acute worker health and safety problems.
(8) Any trucked or hauled pollutants, except
			 at discharge points designated by the POTW.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-05 - Notification of potential problems, including slug loading

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) All industrial
			 users discharging to a POTW administering an approved pretreatment program
			 shall notify the POTW immediately of all discharges that could cause problems
			 to the POTW, including any slug loading, as defined in paragraph (S) of rule
			 3745-3-01 of the
			 Administrative Code. The industrial user shall immediately notify the POTW upon
			 discovery of any slug load by completing the following:
(1) If the discharge is to a POTW
			 administering an approved POTW pretreatment program, the industrial user shall
			 follow the notification procedure specified in the POTW's approved pretreatment
			 program.
(2) If the discharge is to
			 a POTW that is not administering an approved pretreatment program, the
			 industrial user shall notify the POTW and Ohio EPA and provide all of the
			 following information:
(a) A description of
			 the discharge and the cause of the slug loading.
(b) The period of slug loading including
			 exact dates and times and, if not corrected, the anticipated time the
			 noncompliance is expected to continue.
(c) The steps taken or planned to reduce,
			 eliminate and prevent recurrence of the slug loading.
(3) Within five business days of the date
			 that the slug load occurred, a written report containing the information
			 required by paragraph (A)(2) of this rule shall be filed with the POTW. If Ohio
			 EPA is the control authority, the industrial user shall also submit this report
			 to the appropriate district office of Ohio EPA within the same time
			 period.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-06 - Reporting requirements for industrial users

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
				3745-3-01 of the
				Administrative Code.]
(A)
			 Reserved.
(B) Baseline report.
(1) Categorical industrial users are required
			 to submit to the control authority a baseline report, as described in paragraph
			 (C) of this rule. The baseline report shall include the following contents, as
			 applicable, and be submitted to the control authority by the corresponding
			 deadline:
(a) Existing industrial users
			 subject to such categorical standards and currently discharging to, or
			 intending to discharge to a POTW shall submit to the control authority a
			 baseline report which contains the information listed in paragraphs (C)(1) to
			 (C)(8) of this rule. The industrial user shall submit this information to the
			 control authority within one hundred eighty days after the effective date of a
			 categorical pretreatment standard, or one hundred eighty days after the final
			 administrative decision made upon a category determination submission under
			 paragraph (H) of rule
			 3745-3-09
			 of the Administrative Code, whichever is later.
(b) New sources, and sources that become
			 industrial users subsequent to the promulgation of an applicable categorical
			 standard, shall be required to submit to the control authority a report which
			 contains the information listed in paragraphs (C)(1) to (C)(6) of this rule at
			 least ninety days prior to commencement of discharge. New sources shall also be
			 required to include in this report information on the method of pretreatment
			 the source intends to use to meet applicable pretreatment standards. New
			 sources shall give estimates of the information requested in paragraphs (C)(4)
			 and (C)(5) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-3 - Pretreatment Rules › Section 3745-3-07 - Trade secrets; request for confidentiality

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
				3745-3-01 of the
				Administrative Code.]
(A) Any record,
			 report, or other information obtained under this chapter shall be available to
			 the public, except upon a showing satisfactory to the control authority that
			 all or part of such record, report, or other information, other than effluent
			 data, would divulge methods or processes entitled to protection as trade
			 secrets, in which instance the control authority shall consider such record,
			 report, or other information or part thereof as confidential and administer
			 such record, report, or other information pursuant to this rule. Wastewater
			 constituents and characteristics and other effluent data, as defined in
			 40
			 C.F.R. 2.302, shall not be considered
			 confidential information and shall be available to the public without
			 restriction. All other information that is submitted to the state or POTW shall
			 be available to the public at least to the extent provided by
			 40
			 C.F.R. 2.302.
(B) A request for confidential treatment
			 shall be submitted to the control authority simultaneously with submission of
			 the specific record, report, or other information with documentation sufficient
			 to support that the record, report, or other information is confidential.
			 Failure to make such timely request shall constitute a waiver of the right to
			 prevent public disclosure. A request at a later time will be entertained by the
			 control authority, but the control authority will not be liable for any
			 information released prior to receiving the request.
(C) A decision as to whether to treat the
			 record, report, or other information as confidential shall be made by the
			 control authority within forty-five days of receipt of the request and
			 accompanying documentation. Until such decision is made, the record, report, or
			 other information or part thereof, shall be treated as confidential. The person
			 requesting confidentiality shall be notified in writing of the control
			 authority's decision.
(D) Any
			 record, report, or other information determined to be confidential may be
			 disclosed, without such person's consent in any of the following circumstances:
(1) To officers, employees, or authorized
			 representatives of the state or a federal agency.
(2) In any judicial proceeding.
(3) In any administrative hearing.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-4 - Surface Water Monitoring and Assessment › Section 3745-4-03 - Qualified data collectors

Current through all regulations passed and
			 filed through July 1, 2024
(A) Requirements to become a qualified data
			 collector (QDC).
(1) Level 1 requirements.
(a) An individual may obtain level 1 QDC
			 status by documenting completion of a basic water quality monitoring program
			 designed for public awareness and education. Successful completion of a level 1
			 training from a QDC trainer approved by the director shall result in automatic
			 approval as a level 1 QDC if the trainee provides name and contact information
			 at the training. Individuals automatically approved as level 1 QDCs shall be
			 included on the list of approved QDCs on the credible data website at:
http://www.epa.ohio.gov/dsw/credibledata/index.aspx
.
(b) The director shall determine the
			 acceptability of the basic water quality monitoring training based on factors
			 including, but not limited to, the following:
(i) Whether the training is affiliated with a
			 national, state or local organization that actively encourages and supports
			 surface water monitoring.
(ii)
			 Whether the training is affiliated with a program that has maintained, or
			 intends to maintain, data collection efforts spanning more than one
			 year.
(iii) Confirmation that the
			 training received by participants includes basic water quality principles, the
			 use of field instrumentation, sample collection and preservation and data
			 recording techniques.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-4 - Surface Water Monitoring and Assessment › Section 3745-4-04 - Level 1 data requirements and reporting

Current through all
			 regulations passed and filed through July 1, 2024
(A) Except as provided by paragraph (D) of
			 rule
			 3745-4-01
			 of the Administrative Code, all data submitted to the director for
			 consideration as level 1 credible data shall be collected and submitted by
			 level 1, level 2 or level 3 qualified data collectors (QDCs) approved by the
			 director pursuant to rule
			 3745-4-03
			 of the Administrative Code. The director shall accept the data as level 1
			 credible data provided the requirements of this rule are met. The director
			 shall have sole authority in determining whether data meet these requirements.
			 Data reporting shall be in a format consistent with the requirements listed in
			 this rule.
(B) Data submitted by a
			 QDC shall meet the following to be accepted as level 1 credible data:
(1) Adherence to a study plan. Persons
			 submitting data to Ohio EPA as a QDC under section
			 6111.53 of the Revised Code
			 shall prepare and adhere to a project study plan.
(a) The QDC shall prepare and submit to the
			 director for approval a project study plan using educational monitoring program
			 guidance materials, citizen monitoring program guidance materials, or other
			 valid resources.
(b) Upon
			 completion of the plan review, the director shall send written notification of
			 deficiencies in the plan, if any are found, to the QDC and provide the QDC a
			 reasonable opportunity to address such deficiencies. If the deficiencies are
			 not addressed, the director may disapprove the study plan.
(c) A plan submitted by a QDC not disapproved
			 within sixty days of the initial submittal or, where a notification of
			 deficiency has been issued, within sixty days of any revised submittal, shall
			 be considered to have been approved.
(d) The director shall disapprove a
			 site-specific plan that does not include the certification statement in
			 paragraph (B)(3)(c) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-4 - Surface Water Monitoring and Assessment › Section 3745-4-05 - Level 2 data requirements and reporting

Current through all
			 regulations passed and filed through July 1, 2024
(A) Except as provided by paragraph (D) of
			 rule
			 3745-4-01
			 of the Administrative Code, all data submitted to the director for
			 consideration as level 2 credible data shall be collected and submitted by
			 level 2 or level 3 qualified data collectors (QDCs) approved by the director
			 pursuant to rule
			 3745-4-03
			 of the Administrative Code. Other persons trained and supervised by the QDC may
			 assist with the collection of data. The director shall accept the data as level
			 2 credible data provided the requirements of this rule are met. The director
			 shall have sole authority in determining whether data meet these requirements.
			 Data reporting shall be in a format consistent with the requirements listed in
			 this rule.
(B) Data submitted by a
			 QDC shall meet the following to be accepted as level 2 credible data:
(1) Adherence to a study plan. Persons
			 submitting data to Ohio EPA as a QDC under section
			 6111.53 of the Revised Code
			 shall prepare and adhere to a project study plan.
(a) The QDC shall prepare and submit to the
			 director for approval a project study plan using the guidelines presented in
			 appendix A to this rule. The director may approve an alternative to the
			 guidelines in appendix A of this rule upon a reasonable and scientifically
			 supported demonstration by a QDC.
(b) Upon completion of the plan review, the
			 director shall send written notification of deficiencies in the plan, if any
			 are found, to the QDC and provide the QDC a reasonable opportunity to address
			 such deficiencies. If the deficiencies are not addressed, the director may
			 disapprove the study plan.
(c) A
			 plan submitted by a QDC (level 2 or 3) not disapproved within sixty days of the
			 initial submittal or, where a notification of deficiency has been issued,
			 within sixty days of any revised submittal, shall be considered to have been
			 approved.
(d) The director shall
			 disapprove a site-specific plan that does not include the certification
			 statement in paragraph (B)(4)(e) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-4 - Surface Water Monitoring and Assessment › Section 3745-4-06 - Level 3 data requirements and reporting

Current through all
			 regulations passed and filed through July 1, 2024
(A) Except as provided by paragraph (D) of
			 rule
			 3745-4-01
			 of the Administrative Code, all data submitted to the director for
			 consideration as level 3 credible data shall be collected and submitted by
			 level 3 qualified data collectors (QDCs) approved by the director pursuant to
			 rule
			 3745-4-03
			 of the Administrative Code. Other persons trained and supervised by the QDC may
			 assist with the collection of data. The director shall accept the data as level
			 3 credible data provided the requirements of this rule are met. The director
			 shall have sole authority in determining whether data meet these
			 requirements.
(B) Data submitted by
			 a QDC shall meet the following minimum requirements to be accepted as level 3
			 credible data:
(1) Adherence to a study plan.
			 Persons submitting data to Ohio EPA as a QDC under section
			 6111.53 of the Revised Code
			 shall prepare and adhere to a project study plan.
(a) The QDC shall prepare and submit to the
			 director for approval a project study plan using the guidelines presented in
			 appendix A to this rule. The director may approve an alternative to the
			 guidelines in appendix A to this rule upon a reasonable and scientifically
			 supported demonstration by a QDC.
(b) Upon completion of the plan review, the
			 director shall send written notification of deficiencies in the plan, if any
			 are found, to the QDC and provide the QDC a reasonable opportunity to address
			 such deficiencies. If the deficiencies are not addressed, the director may
			 disapprove the study plan.
(c) A
			 plan submitted by a level 3 QDC not disapproved within sixty days of the
			 initial submittal or, where a notification of deficiency has been issued,
			 within sixty days of any revised submittal, shall be considered to have been
			 approved.
(d) The director shall
			 disapprove a site-specific plan that does not include the certification
			 statement in paragraph (B)(4)(f) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-01 - Water quality trading: definitions

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
				3745-5-02
				of the Administrative Code.]
As used in this chapter, terms in this
				rule are defined as follows:
(A)
			 "Animal feed operation" or "AFO" means animal feeding operation, as defined in
			 40
			 C.F.R. 122.23.
(B)
(1) "Best management
			 practice" or "BMP" means structural, vegetative, or managerial practices that
			 reduce or prevent the discharge of pollutants to waters of the state, typically
			 from a nonpoint source, but could also be from green
			 infrastructure storm water controls.
(2) "Bioaccumulative
			 chemical of concern" or "BCC" means bioaccumulative chemical of concern, as
			 defined in  rule
			 3745-1-02 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-02 - Purpose and applicability

Current through all regulations passed
			 and filed through July 1, 2024
(A) The purpose of this chapter is to
			 establish a voluntary statewide water quality trading program that
			 does all of the following:
(1) Facilitates watershed-based approaches to
			 improving water quality.
(2)
			 Improves water quality and minimizes the costs of achieving and maintaining
			 water quality standards.
(3)
			 Provides economic incentives for voluntary pollutant reductions from point
			 sources and nonpoint sources.
(4)
			 Achieves additional environmental benefits beyond pollutant
			 reductions.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-03 - Prohibitions and restrictions

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
				3745-5-02
				of the Administrative Code.]
(A) The
			 use of a water quality credit shall conform to the
			 following:
(1) Not cause or contribute
			 to a violation of water quality standards.
(2) Not cause impairment of existing use or
			 designated uses, as defined in Chapter 3745-1 of the Administrative Code,
			 including adversely affecting water quality at an intake for drinking water
			 supply.
(3) Not
			 exceed a loading capacity established by a TMDL.
(4) Not be used to comply with a technology
			 based effluent limit based on  the
			 secondary treatment regulations as specified in 40 C.F.R. 133, the national
			 effluent limitations guidelines and performance standards as specified in 40
			 C.F.R. 405 through 499, or established based on the best professional judgment
			 of the permit writer pursuant to section 402(a)(1) of the Clean Water Act and
			 40
			 C.F.R. 122.44(a)(1)
									.
(5) In
			 accordance with section
			 6111.03 of the Revised Code, not
			 conflict with an areawide waste treatment management plan adopted in accordance
			 with section 208 of the Federal Water Pollution Control Act.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-04 - General program requirements

Current through all regulations
			 passed and filed through July 1, 2024
(A) Water quality trading activities shall be
			 in accordance with this chapter and all other applicable rules and laws. The
			 director may deny any water quality trading management plan application that
			 does not contain the required information.
(B) An approved water quality trading
			 management plan shall be effective for up to five years from the date it is
			 approved by the director.
(C)
			 Except as provided in paragraph (D) of this rule, after January 1, 2007, no
			 person shall participate in water quality trading activities without an
			 approved water quality trading management plan.
(1) When a water quality trading management
			 plan application is part of an NPDES permit, the only application fee required
			 is the NPDES permit application fee, in accordance with section
			 3745.11 of the Revised Code.
(2) When a water quality trading
			 management plan application is not part of an NPDES permit, the plan
			 application fee and plan review fee, in accordance with section
			 3745.11 of the Revised Code
			 shall apply.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-05 - General requirements for a water quality trading management plan application

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								
								All water quality management plan
			 applications shall be developed in accordance with
			 this chapter.
(B) Any person
			 proposing to modify water quality trading activities that are in an approved
			 water quality trading management plan or any person that proposes to expand a
			 watershed water quality trading area shall submit to the director a new water
			 quality trading management plan application. The new water quality trading
			 management plan application shall
								be submitted to the director at least six months prior
			 to modifying any water quality trading activities or expanding a water quality
			 trading area.
(C) A
			 water quality trading management plan renewal application shall be submitted to
			 the director at least six months prior to an
			 approved water quality trading management plan's expiration date. A water
			 quality trading management plan renewal application shall
			 include all of the following:
(1)
									An economic evaluation of the water
			 quality trading activities, including the number and types of water quality
			 trades, prices paid for any water quality credits, all administrative costs,
			 grant funding and in kind benefits received, and
			 a determination of any net cost savings resulting from the water quality
			 trading activities.
(2)
									An assessment
			 of both the overall environmental and the economic effectiveness of all
			 water quality trading activity.
(3) If
			 necessary,  revisions or corrective
			 measures to the water quality trading management
			 plan.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-06 - Requirements for a water quality trading management plan application

Current through all regulations passed and filed through July 1,
			 2024
(A) A water quality
			 trading management plan application shall satisfy all
			 of the following:
(1) Be in narrative
			 form.
(2)
			 Include forms specified by the director.
(3) Include additional information as the
			 director deems necessary, such as memoranda of understanding or other
			 agreements between persons participating in the trading activities or between
			 Ohio EPA and persons participating in the trading activities, land use plans,
			 or other watershed-based agreements.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-07 - Requirements for water quality credits

Current through all
			 regulations passed and filed through July 1, 2024
(A) A water quality credit for each pollutant
			 shall meet all of the following requirements:
(1) Have clearly defined units expressed as
			 mass per unit time, or other appropriate units for those pollutants not
			 expressible by mass, and determined in accordance with rule
			 3745-5-08
			 of the Administrative Code.
(2) Have units that are consistent with time
			 periods and provisions used in developing a TMDL, used to determine compliance
			 with an NPDES permit limit, or use in other regulatory requirements.
(3) Except as provided in paragraph (B) of
			 this rule, be generated during the same time period when they are used to
			 comply with effluent limits or other requirements specified in an NPDES
			 permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-08 - Water quality credits and pollutant loading calculations

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) Where methods
			 and procedures (e.g., sampling protocols, monitoring frequencies) are specified
			 by federal regulations or in NPDES permits, they shall be used where applicable
			 for measuring pollutant loads and determining compliance of permittees that
			 engage in water quality trading.
(B) Where methods and procedures are not
			 specified by other applicable rules and laws or an NPDES permit, a water
			 quality credit shall be calculated as follows:
(1) Unless alternate methods are deemed
			 acceptable by the director, 
			 using the load reduction spreadsheet used to estimate load reductions that are
			 achieved by implementing BMPs.
(2) For
			 pollutants or BMPs not included in the load reduction spreadsheet,
			  using generally accepted
			 engineering methods deemed acceptable by the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-5 - Water Quality Trading Program › Section 3745-5-09 - Determining water quality baselines

Current through all
			 regulations passed and filed through July 1, 2024
(A) For permittees in an area where there is
			 an approved TMDL, the water quality baseline shall be the lower of
			 the following:
(1) The wasteload allocation established by
			 the approved TMDL.
(2) The
			 current discharge level.