reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-06 - Mixing zone demonstration and sizing requirements

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) 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 
								constituents 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-07 - Beneficial use designations and biological criteria

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.]
[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
			 consist of designated uses, narrative
			 and numeric criteria 
								necessary to
			 protect 
								those uses,
			 antidegradation requirements, and general policies.
(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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-09 - Scioto river drainage basin

Current through all regulations passed
			 and filed through July 1, 2024
(A) The water bodies listed in table 9-1 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 Scioto river drainage basin. A
			 generalized map of Ohio outlining the twenty-three major drainage basins and
			 listing associated rule numbers in this chapter is in figure 1 of the appendix
			 to rule 37451-08 of the Administrative Code.
(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 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.
Table 9-1. Use designations for water bodies in the Scioto
				river drainage basin.
Click to view
				image
Appendix
Figure 1. Scioto river drainage basin.
Click
				to view image
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-21 - Great Miami river drainage basin

Current through all regulations
			 passed and filed through July 1, 2024
(A) The water bodies listed in table 21-1 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 3745-105 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 Great Miami
			 river drainage basin. A generalized map of Ohio outlining the twenty-three
			 major drainage basins and listing associated rule numbers in this chapter is in
			 figure 1 of the appendix to rule
			 3745-1-08
			 of the Administrative Code.
(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
			 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.
Table 21-1. Use designations for water bodies in the Great
				Miami river drainage basin.
Click to view
				image
Appendix
Figure 1. Great Miami river drainage basin.
Click
				to view image
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-24 - Muskingum river drainage basin

Current through all regulations passed
			 and filed through July 1, 2024
(A) The water bodies listed in table 24-1 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 Muskingum river drainage basin. A
			 generalized map of Ohio outlining the twenty-three major drainage basins and
			 listing associated rule numbers in this chapter is
			 in figure 1 of the appendix to rule
			 3745-1-08
			 of the Administrative Code.
(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
			 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.
* 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 water
				body segment is designated limited warmwater habitat.
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				Appendix
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-28 - Vermilion river drainage basin

Current through all regulations passed
			 and filed through July 1, 2024
(A) The water bodies listed in table 28-1 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 Vermilion 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 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; and
L An L in the warmwater habitat column signifies that the water
				body segment is designated limited warmwater habitat.
Table 28-1. Use designations for water bodies in the Vermilion
				river drainage basin.
See Table at
http://www.registerofohio.state.oh.us/pdfs/3745/0/1/3745-1-28_PH_FF_A_RU_20061220_0834.pdf
Appendix A
Figure 1. Vermilion river drainage basin.
See Figure at
Click to view
				Appendix
Effective:
				04/01/2007
R.C. 119.032 review dates: 04/25/2006 and 04/01/2012
Promulgated Under: 119.03
Statutory Authority:
				6111.041
Rule Amplifies: 6111.041
Prior Effective Dates:
				4/4/1985, 8/19/1985, 3/29/2001
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-29 - Wabash river drainage basin

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								The water bodies
			 listed in table 29-1 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 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 Wabash river drainage basin. A generalized map of Ohio outlining the
			 twenty-three major drainage basins and listing associated rule numbers in this
			 chapter is in figure 1 of the appendix to rule
			 3745-1-08
			 of the Administrative Code.
(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 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.
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Replaces: 3745-1-29
Click to view
				Appendix
Effective: 5/9/2018
Five Year Review
				(FYR) Dates: 05/09/2023
Promulgated Under:
				119.03
Statutory
				Authority: 6111.041
Rule
				Amplifies: 6111.041
Prior
				Effective Dates: 4/4/85, 8/19/85, 4/26/97,
				7/21/02
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-30 - Mill creek drainage basin

Current through all regulations passed
			 and filed through July 1, 2024
(A) The water bodies listed in table 30-1 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 Mill creek drainage basin. A
			 generalized map of Ohio outlining the twenty-three major drainage basins and
			 listing associated rule numbers in this chapter is
			 in figure 1 of the appendix to rule
			 3745-1-08
			 of the Administrative Code.
(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
			 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.
Table 30-1. Use designations for water bodies in the Mill creek
				drainage basin.
Click
				to view image
Click to view
				Appendix
Effective: 1/2/2017
Five Year
				Review (FYR) Dates: 07/13/2016 and
				01/02/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 6111.041
Rule
				Amplifies: 6111.041
Prior
				Effective Dates: 4/4/1985, 3/29/2001,
				6/16/2011
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-37 - Water quality criteria for recreation use designations and aesthetic conditions

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)
								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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-38 - Variances from water quality standards for point sources

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)
								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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-39 - Site-specific modifications to criteria and values

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) 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. These
			 criteria and values shall be developed and approved in accordance with
			 the following provisions:
(1)
									Any such
			 modifications 
									are protective of designated uses
			 
									, aquatic
			 life, wildlife, and human health and
			 
									are
			 submitted to the U.S. EPA for approval.
(2)
									Any site-specific
			 modifications are based on a sound scientific rationale.
(3)
									Any site-specific
			 modifications that result in less stringent criteria are not 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 are 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-40 - Methodologies for development of aquatic life criteria and values

Current through all regulations passed and filed
			 through July 1, 2024
All pollutants or combinations of pollutants, for which aquatic
				life criteria have not been adopted in rule
				3745-1-35 of the Administrative
				Code, 
								may 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 
								are 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-41 - Methodology for deriving bioaccumulation factors

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 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
			 
										are
			 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 
										is to be determined.
(c) The site of the field study
			 
										is not
			 to 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 
										is either measured or reliably estimated for the
			 tissue used in the determination of the BAF.
(e) The concentration of the chemical in the
			 water 
										is measured in a way that can be related to
			 particulate organic carbon (POC) or dissolved organic carbon (DOC) and
			 
										is
			 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 
										are either measured or reliably
			 estimated.
(g) For inorganic and
			 organic chemicals, BAFs 
										can 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-42 - Methodologies for development of human health criteria and values for the lake Erie 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.]
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
									as follows:
(a)
										Ambient criteria and values for single
			 carcinogens 
										are not  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.
(b)
										Criteria and
			 values affording protection from noncarcinogenic effects are 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-43 - Methodology for the development of wildlife criteria for the lake Erie 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.]
This rule applies to water bodies located in the lake Erie
				drainage basin. This rule establishes 
								the methodology  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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-44 - Whole effluent toxicity provisions

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.]
[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)
			 
									applies 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)
			 
									applies 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-50 - Wetland definitions and availability of documents

All regulations passed and filed through January 1,
			 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations, federal rules and federal statutory
				provisions referenced in this rule, see paragraph (AA)
				of this rule and 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 
								are defined as follows:
(A)
(1) "Alternatives
			 analysis" means a systematic review and evaluation of practicable alternatives
			 including avoidance, minimization and compensatory mitigation for impacts to a
			 wetland.
(2) "Applicant" means
			 any person 
									who submits an application to obtain a section
			 401 water quality certification or isolated wetland permit from the Ohio
			 environmental protection agency (Ohio EPA).
(3) "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.
(4)
			 "Avoidance" is the first step in the alternatives analysis and means that the
			 applicant 
									demonstrates 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-51 - Wetland narrative criteria

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 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-51 - Wetland narrative criteria

All regulations passed and filed through January 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 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  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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-52 - Numeric chemical criteria for waste water discharges to wetlands

Current through all regulations passed and filed
			 through July 1, 2024
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.
R.C. 119.032 review dates:
				10/31/2007 and
				10/31/2012
Promulgated
				Under: 119.03
Statutory Authority: 6111.041, 6111.12
Rule Amplifies: 6111.041, 6111.12
Prior Effective Dates: 5/1/1998
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-52 - Numeric chemical criteria for waste water discharges to wetlands

All regulations passed and filed through January 1,
			 2024
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,  apply at the
				outfall prior to discharge to the wetland. The
				applicant may submit a request, in writing, to the director to use
				
								alternative 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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-53 - Wetland use designation

Current through all regulations passed
			 and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				2/23/2018 and
				02/23/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 6111.041 and
				6111.12
Rule
				Amplifies: 6111.041 and
				6111.12
Prior
				Effective Dates: 5/1/1998
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-2 - Attainment and Protection of Surface Water Quality Standards (WQS) › Section 3745-2-01 - Purpose and applicability

Current through all regulations passed
			 and filed through July 1, 2024
The purpose of this chapter is to provide for the attainment
				and protection of the surface water quality standards (WQS) established in
				Chapter 3745-1 of the Administrative Code. This chapter sets
				forth rules for developing water quality based effluent limitations for point
				sources and total maximum daily loads (TMDLs) for discharges of any pollutant
				requiring control, including toxic, carcinogenic, and organoleptic pollutants.
				This chapter specifies how to determine when a wasteload allocation is
				necessary, how to calculate a wasteload allocation, how to determine the
				reasonable potential of a pollutant to cause or contribute to an excursion of
				the WQS, and how to develop a TMDL for a pollutant. Except as provided in
				paragraph (M) of rule
				3745-2-12
				of the Administrative Code, the methods in this
				chapter do not apply to establishing controls on the discharge
				of any pollutant by a wet weather point source. Wasteload allocations and TMDLs for wet weather point
				sources are determined using stream or basin specific models.